---
title: "Check whether a damages notice has preserved the right to sue"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-damages-notice-has-preserved-the-right-to-sue"
type: "task"
site: "AI Law Framework"
id: "A21-WD20261023-11"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Check whether a damages notice has preserved the right to sue

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-damages-notice-has-preserved-the-right-to-sue  
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 | Yellow: Lawyer and AI draft together |
| 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. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Record the date the complying notice was given, or the date compliance was waived.

- What the AI does: 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 does: 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.
- Who reviews: Lawyer competent in personal injury
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Record the date the complying notice was given, or the date compliance was waived.
2. In Queensland, diary 60 days after the compulsory conference where section 302(3) applies.
3. In New South Wales, record the date the pre-filing statement was served and whether a strike-out application is on foot.
4. Do not invent a limitation period that was not in the section opened.

## Notes

- 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).

## Sources

- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 335](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wiraca2013484/s335.html) (checked 2026-10-23)
- [WorkSafe Victoria: Common law claim for damages](https://www.worksafe.vic.gov.au/common-law-claim-damages) (checked 2026-10-23)
- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 302](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s302.html) (checked 2026-10-23)
- [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 295](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s295.html) (checked 2026-10-23)
- [WorkCover Queensland: Common law limitation period policy](https://www.workcoverqld.com.au/service-providers/legal-professionals/plaintiff-lawyer-resources/common-law-limitation-period-policy) (checked 2026-10-23)
- [SIRA: Work injury damages](https://www.sira.nsw.gov.au/workers-compensation/what-you-can-claim/work-injury-damages) (checked 2026-10-23)
- [Personal Injury Commission: Procedural Direction WC4, work injury damages](https://www.pi.nsw.gov.au/resources/procedural-directions/procedural-direction-wc4-work-injury-damages) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-damages-notice-has-preserved-the-right-to-sue/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-damages-notice-has-preserved-the-right-to-sue/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-damages-notice-has-preserved-the-right-to-sue/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*