Check the Victorian conditions before work damages proceedings are issued
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, mark each Victorian condition for issuing that the file proves, and list each condition still open. Do not prepare the originating process.
- What the lawyer must review
- Decide whether every condition to issue is met.
- Tick only a condition the file proves.
- A proceeding is not issued from this checklist.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: the conditions in section 335 and the WorkSafe issuing window before a work damages proceeding
Produce. A checklist of the Victorian conditions still open before issue.
Have ready. Serious-injury result; Statutory offer and counter offer; Application documents.
Example of the limit. Illustrative example: The injury was certified serious and the counter offer is 10 days old. The tool marks the gateway as met and the issuing window as not yet open. The lawyer does not issue.
Stop and hand it back when
- The counter-offer date is missing.
- The tool has prepared an originating process.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, mark each Victorian condition for issuing that the file proves, and list each condition 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
- Require a deemed serious injury, a certificate, or leave, before marking the gateway as met.
- Require the statutory counter-offer date before applying the 21-day and 51-day window.
- Treat an incomplete application as returned or suspended under Ministerial Direction 19 until the missing documents are on the file.
- Read the court practice note on artificial intelligence 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
- Supreme Court of Victoria: Practice Note SC GEN 25 · 2026-10-23
Section 335 says proceedings are not brought unless the injury is deemed serious because the impairment is 30 per cent or more, or the Authority or self-insurer has issued a certificate, or a court other than the Magistrates' Court has given leave. WorkSafe says that if there is no resolution after the statutory offer and counter offer, proceedings are issued not earlier than 21 days and not more than 51 days after the counter offer. An application that does not include the required documents is returned for amendment or suspended under Ministerial Direction 19. The directions on the WorkSafe page commenced on 1 November 2024.
If this work is filed, read Supreme Court of Victoria Practice Note SC GEN 25, issued and commencing on 14 May 2026. The County Court of Victoria has issued a practice note for court users on artificial intelligence. The news page opened does not state its number or its commencement date.
Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).