---
title: "Diary section 27D, where the sections opened require no pre-court notice"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-public-liability-notice-of-claim-before-it-is-declared/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-8-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Diary section 27D, where the sections opened require no pre-court notice

> List the incident date and the discoverability facts the lawyer has already marked. Do not prepare a pre-court notice and do not calculate the last day.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-public-liability-notice-of-claim-before-it-is-declared/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the incident date and the discoverability facts the lawyer has already marked. Do not prepare a pre-court notice and do not calculate the last day. |
| What the lawyer must review | The lawyer diarises the limitation facts. The tool does not calculate the last day. Do not use a Queensland notice. No pre-court notice was in the sections opened. Keep health and wage records in a firm-controlled tool, not a public one. ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth). |
| Written for | Victoria |
| Applies to | [Check a public liability notice of claim before it is declared](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-public-liability-notice-of-claim-before-it-is-declared.md) |

## Checking plan

**Verify against sources**

Section 27D is the earlier of 3 years from discoverability and 12 years from the act or omission. It does not require a notice of claim.

- What the AI does: List the incident date and the discoverability facts the lawyer has already marked. Do not prepare a pre-court notice and do not calculate the last day.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Record the date of the act or omission and the discoverability facts the lawyer has marked.
2. State section 27D as the first to expire of 3 years from when the cause of action is discoverable and 12 years from the act or omission alleged to have resulted in the death or personal injury.
3. Note section 27D(2): section 27D does not apply where the person was under a disability at the date of the act or omission. Section 27E then applies: the first to expire of 6 years from the date the cause of action is discoverable by the plaintiff and 12 years from the act or omission. The definition of disability was not opened.
4. Use section 27F for discoverability: death or injury occurred, it was caused by the fault of the defendant, and, for injury, it was sufficiently serious to justify bringing an action. "Ought to know" means the fact would have been ascertained had all reasonable steps been taken.

## Notes

- A significant-injury step for non-economic loss was not opened and is not restated. Section 27F(4) says a Part III Wrongs Act cause of action is not discoverable before the date of death. Do not prepare a notice in a Queensland form.
- If this is filed in the Supreme Court of Victoria, Practice Note SC Gen 25, issued on 14 May 2026, calls for particular caution with affidavit material and expert reports, and says confidential information should not go into a public AI tool.

## Practical guide

Jurisdiction: Victoria. An ordinary public liability injury, with section 27D to be diarised.

**Deliverable**: A date list from facts the lawyer has marked. No notice is prepared.

**Inputs**

- Incident date the lawyer marks
- Discoverability facts the lawyer marks
- Any disability fact the lawyer marks

**Example**: Illustrative example: The lawyer has marked an incident date and has not marked when the injury was known to be serious. The list leaves that row blank. It does not name a last day.

**Stop and escalate when**

- The tool is asked to prepare a notice or to name the last day.
- Disability is in issue and the lawyer has not marked it. Do not decide that section 27E applies.

Checked 2026-10-23.

## Sources

- [Limitation of Actions Act 1958 (Vic) section 27D](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27d.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) section 27E](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27e.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) section 27F](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27f.html) (checked 2026-10-23)
- [Supreme Court of Victoria Practice Note SC Gen 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*