Check whether a damages notice has preserved the right to sue
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, from the injury date, the notice date and any waiver or court order the lawyer identifies, set out whether the opened provisions say the right to start proceedings is still open. Do not decide that the claim is statute-barred.
- What the lawyer must review
- Decide whether the notice, a waiver or a court order has kept the right to sue open.
- Do not treat a passed date as final until any extension or stopped time has been checked.
- 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 | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record the date the complying notice was given, or the date compliance was waived.
- In Queensland, diary 60 days after the compulsory conference where section 302(3) applies.
- In New South Wales, record the date the pre-filing statement was served and whether a strike-out application is on foot.
- Do not invent a limitation period that was not in the section opened.
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 302 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 295 · 2026-10-23
- WorkCover Queensland: Common law limitation period policy · 2026-10-23
- SIRA: Work injury damages · 2026-10-23
- Personal Injury Commission: Procedural Direction WC4, work injury damages · 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.
Counting the original limitation from the injury facts is a separate task. This task asks whether the damages notice has changed that position.
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).