Check whether Victorian personal-injury damages limits apply to a dust award

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
List the section 28C exclusions that were opened and mark that the section does not itself name dust. Do not assert a regulation that was not opened.
What the lawyer must review
  • Match the award to an exclusion that was actually opened.
  • Do not add a dust exclusion from memory. Section 28C does not name dust.
  • Confirm any regulation under section 28C(2)(n) before relying on one.
  • Keep a section 28C(2)(c) work-injury exclusion separate from any dust exclusion.
Written for / version
Victoria versionVICNSW

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Wrongs Act 1958 (Vic) Part VB, section 28C

Produce. A limits note showing which opened exclusions apply and that dust is not named in section 28C.

Have ready. The statute the damages claim is brought under; Whether the award is a work-injury award; Any regulation the lawyer has opened.

Example of the limit. Illustrative example: The dust claim is a common-law claim that is not a Part 7 work-injury damages claim. The tool marks that section 28C does not name dust and that no regulation was opened. The lawyer decides whether Part VB applies.

Stop and hand it back when

  • A dust exclusion is stated from section 28C itself.
  • Section 45 is cited.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceList the section 28C exclusions that were opened and mark that the section does not itself name dust. Do not assert a regulation that was not opened.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Section 28C(1): Part VB applies to an award of personal injury damages except an award excluded by subsection (2).
  2. Section 28C(2)(c) excludes an award to which Part IV of the Accident Compensation Act 1985 or Part 7 of the Workplace Injury Rehabilitation and Compensation Act 2013 applies.
  3. Section 28C(2)(b) excludes Parts 3, 6 and 10 of the Transport Accident Act 1986. Section 28C(2)(d) excludes an award to which the Workers Compensation Act 1958 applies.
  4. Section 28C(2)(n) excludes a class excluded by the regulations. No such regulation was opened. Section 45 of the Wrongs Act did not load and is not cited.

Sources

A dust-and-tobacco instrument was seen only as a search result. Its text was not opened.

Practice Note SC GEN 25 was issued and commences on 14 May 2026. Do not enter confidential or sensitive information into a public AI tool. Evidence must be the person's own knowledge and words.

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