Check section 27D, which gives no extra time for a notice
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Set out the incident date, any notice date, and the limitation facts the lawyer has already marked. Do not calculate the last day and do not write the advice.
- What the lawyer must review
- The lawyer writes the advice on the last day. The tool does not calculate it.
- Check that the notice date is recorded, and that it does not extend section 27D.
- 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).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria. A question whether a notice has changed the time to sue.
Produce. A date table. The lawyer writes the advice on the last day.
Have ready. Incident date; Any notice date; Discoverability facts the lawyer has marked.
Example of the limit. Illustrative example: A notice date is in the file. The table records it and records that section 27D, as opened, does not add time for that notice. It names no last day.
Stop and hand it back when
- The tool is asked to calculate the last day or write the advice.
- Disability is in issue and the lawyer has not marked it. A notice still adds no time.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Set out the incident date, any notice date, and the limitation facts the lawyer has already marked. Do not calculate the last day 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
- Set out the incident date, any notice date, and the discoverability facts the lawyer has marked. Leave a row blank if the file has no date.
- State section 27D: the first to expire of 3 years from discoverability and 12 years from the act or omission.
- Apply section 27F to what discoverable means. Do not add time for service of a notice.
- If section 27D(2) applies, use section 27E: 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. A notice still adds no time. The definition of disability was not opened.
Sources
- Limitation of Actions Act 1958 (Vic) section 27D · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27E · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27F · 2026-10-23
- Supreme Court of Victoria Practice Note SC Gen 25 · 2026-10-23
There is no equivalent, in the sections opened, of a provision that lets a proceeding start after the limitation period because a complying notice was given.
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.