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

# Check the Victorian issuing window after a statutory counter offer

> In the firm-controlled tool, set out the 21-day and 51-day window from the counter-offer date, and any leave time under section 335, and whether each is still open. Do not decide that the claim is statute-barred.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-damages-notice-has-preserved-the-right-to-sue/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 | Yellow: Lawyer and AI draft together |
| How AI is used | In the firm-controlled tool, set out the 21-day and 51-day window from the counter-offer date, and any leave time under section 335, and whether each is still open. Do not decide that the claim is statute-barred. |
| What the lawyer must review | Decide whether the counter offer or a consent keeps the step open. Do not diary issue before day 21 or after day 51. Do not state a general limitation period the opened statute does not contain. Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply. |
| Written for | Victoria |
| Applies to | [Check whether a damages notice has preserved the right to sue](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-damages-notice-has-preserved-the-right-to-sue.md) |

## Checking plan

**Verify against sources**

Count the 21 days and the 51 days from the statutory counter offer, as WorkSafe states.

- What the AI does: In the firm-controlled tool, set out the 21-day and 51-day window from the counter-offer date, and any leave time under section 335, and whether each is still open. Do not decide that the claim is statute-barred.
- What the lawyer does: The lawyer decides whether the Victorian issuing window or the leave time is still open.
- 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. Count the 21 days and the 51 days from the statutory counter offer, as WorkSafe states.
2. Count 30 days for a leave application from advice under section 330(1). A later application needs the Authority's consent under section 337(1).
3. Do not invent a limitation period from the injury date. That statute was not opened.
4. Read the court practice note before proceedings are issued.

## Notes

- WorkSafe says damages proceedings are not issued earlier than 21 days, and not more than 51 days, after the statutory counter offer. A leave application under section 335(2)(d) is made within 30 days after the worker received advice under section 330(1), or after that period with the Authority's consent under section 337(1). The court gives leave only if satisfied on the balance of probabilities that the injury is a serious injury. A general limitation period was not opened and is not stated. This check is the window after the counter offer or the leave advice. It is not a count of the original limitation from the injury date.
- If this work is filed, read Supreme Court of Victoria Practice Note SC GEN 25, issued and commencing on 14 May 2026. The County Court of Victoria has issued a practice note for court users on artificial intelligence. The news page opened does not state its number or its commencement date.
- Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Victoria: the issuing window after the statutory counter offer, and the leave time in section 335

**Deliverable**: A note of whether the Victorian issuing window or the leave time is still open.

**Inputs**

- Statutory counter-offer date
- Section 330 advice, if any
- Any section 337 consent

**Example**: Illustrative example: The counter offer was made 60 days ago and there is no consent extending time. The tool marks the 51-day window as passed. The lawyer decides what, if anything, can still be filed.

**Stop and escalate when**

- The counter-offer date cannot be proved.
- The tool has stated a limitation period that was not in the section opened.

Checked 2026-10-23.

## Sources

- [WorkSafe Victoria: Common law claim for damages](https://www.worksafe.vic.gov.au/common-law-claim-damages) (checked 2026-10-23)
- [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)
- [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.*