---
title: "Check section 27D, which gives no extra time for a notice"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-complying-notice-has-changed-the-time-to-start-proceedin/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-10-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Check section 27D, which gives no extra time for a notice

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-complying-notice-has-changed-the-time-to-start-proceedin/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 | 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). |
| Written for | Victoria |
| Applies to | [Check whether a complying notice has changed the time to start proceedings](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-complying-notice-has-changed-the-time-to-start-proceedin.md) |

## Checking plan

**Verify against sources**

The sections opened do not alter the limitation period because a notice of claim was given.

- What the AI does: 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 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. 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.
2. State section 27D: the first to expire of 3 years from discoverability and 12 years from the act or omission.
3. Apply section 27F to what discoverable means. Do not add time for service of a notice.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria. A question whether a notice has changed the time to sue.

**Deliverable**: A date table. The lawyer writes the advice on the last day.

**Inputs**

- Incident date
- Any notice date
- Discoverability facts the lawyer has marked

**Example**: 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 escalate 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.

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.*