Check the conditions before a work injury damages proceeding is started
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, from the file dates and the documents the lawyer selects, mark each condition the statute requires before a work injury damages proceeding is started, and list any condition that is still open. Do not prepare the originating process.
- What the lawyer must review
- Decide whether every condition to start proceedings is met.
- A proceeding is not issued from this checklist. Issuing is a separate step.
- Keep medical and wage records in the firm-controlled tool only.
- Check ASCR r 9, APP 11, and whether a Privacy Act breach is notifiable.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, from the file dates and the documents the lawyer selects, mark each condition the statute requires before a work injury damages proceeding is started, and list any condition that is still open. Do not prepare the originating process. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Tick only a condition the file proves. Leave the others open.
- Do not draft the statement of claim that a New South Wales pre-filing statement must attach.
- Check the Queensland law practice certificate where a firm is on the record.
- Read the court's generative AI practice note before any document is filed.
Sources
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 335 · 2026-10-23
- WorkSafe Victoria: Common law claim for damages · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 275 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 289 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 295 · 2026-10-23
- SIRA workers compensation claims guide: Work injury damages · 2026-10-23
- Personal Injury Commission: Procedural Direction WC4, work injury damages · 2026-10-23
- Workers Compensation Act 1987 (NSW) s 151H · 2026-10-23
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
If the matter is filed, read that court's current generative AI practice note first. Supreme Court of Victoria practice note SC GEN 25 commenced on 14 May 2026. The County Court of Victoria has issued a practice note for court users on artificial intelligence. Queensland Courts name Supreme Court Practice Direction 5 of 2025 and District Court Practice Direction 12 of 2025, both on the accuracy of references in submissions. The page also names Planning and Environment Court Practice Direction 7 of 2025, Land Court Practice Direction 4 of 2025, and Supreme Court Practice Direction 14 of 2024 subparagraph 16(l), which is about expert evidence in criminal proceedings. The direction PDFs were not opened. Supreme Court of New South Wales Practice Note SC Gen 23 was amended on 28 January 2025, with the stated amendments in effect from 3 February 2025. Damages trials are commonly in the District Court: check that court's note as well. For a Commission mediation, check the Commission's current generative AI direction before lodging.
Medical and wage records stay in the firm-controlled tool. Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth).