Check whether a complying notice has changed the time to start proceedings
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Set out the incident date, the notice date, and the limitation facts the lawyer has already marked. Do not calculate the last day to sue and do not write the advice.
- What the lawyer must review
- The lawyer decides whether a notice lets a proceeding start after the limitation period, and writes that advice.
- Do not diary a date until the lawyer has settled the discoverability or accrual facts.
- 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).
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Set out the incident date, the notice date, and the limitation facts the lawyer has already marked. Do not calculate the last day to sue and do not write the advice. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Do not treat the Queensland section 59 alteration as available in Victoria or New South Wales.
- In Queensland use accrual under section 11, not the discoverability test from the other two Acts.
- A complying Part 1 must have been given before the limitation period ended before section 59 can be considered.
- The lawyer writes the last day. The table only holds dates the documents show.
Sources
- Limitation of Actions Act 1958 (Vic) section 27D, AustLII · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27F, AustLII · 2026-10-23
- Limitation of Actions Act 1974 (Qld) section 11, AustLII · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) section 59, AustLII · 2026-10-23
- Limitation Act 1969 (NSW) section 50C, AustLII · 2026-10-23
- Limitation Act 1969 (NSW) section 50D, AustLII · 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 same facts later go into an affidavit or witness statement in the District Court of New South Wales, its Generative AI Practice Note (commenced 3 February 2025) says generative AI must not generate that content.
Supreme Court of Victoria practice note SC GEN 25 (commenced 14 May 2026) calls for particular caution where generative AI assists with affidavit material, a witness statement or an expert report. The document must reflect the person's own knowledge.
Supreme Court of Queensland Practice Direction 5 of 2025 requires the practitioner responsible for written submissions to be named, and to verify the references.