List the Victorian damages Parts that do not apply to an intentional assault
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the facts the lawyer marks as an intended assault, a sexual assault, or neither, set out section 28C and section 28LC and the words in which each says the Part does not apply. Do not decide intent and do not write the pleading.
- What the lawyer must review
- Decide whether the fault is an intentional act done with intent, or sexual misconduct
- Check that these sections take two Parts off that claim. They do not repeal the rest of the Act.
- Do not write the pleading from this table
- Use a firm-controlled tool for health records. ASCR r 9, APP 11 and the Privacy Act 1988 (Cth) apply.
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), personal injury damages and non-economic loss
Produce. A table of s 28C and s 28LC in the words of those sections, under the intent finding the lawyer has marked.
Have ready. The lawyer's mark of intent or sexual misconduct; Sections 28C and 28LC.
Example of the limit. Illustrative example: The lawyer marks an intentional assault done with intent to injure. The table quotes s 28C(2)(a) and s 28LC(2)(a). It does not say the whole Act is excluded, and it does not plead the claim.
Stop and hand it back when
- Intent has not been marked.
- The claim is a transport or workers claim, which these paragraphs also exclude for a different reason.
Sources for this task were checked on 2026-10-23.
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
- Section 28C(2)(a) says the personal-injury damages Part does not apply where the fault is an intentional act done with intent to cause death or injury, or is sexual assault or other sexual misconduct.
- Section 28LC(2)(a) says the non-economic-loss Part does not apply where the fault is, or relates to, such an act. Keep the words 'or relates to', which appear in s 28LC and not in s 28C(2)(a).
- Both sections also exclude other claims, including transport accident and workers compensation claims. This row is only the intentional-act and sexual-misconduct exclusion.
- Do not say that every provision of the Wrongs Act falls away.
Sources
- Wrongs Act 1958 (Vic) s 28C · 2026-10-23
- Wrongs Act 1958 (Vic) s 28LC · 2026-10-23
The opened sections do not name a pre-court notice that is switched off for this kind of claim. Do not invent one.
Intent is the lawyer's finding. The table uses the finding the lawyer has marked.
Medical records used to describe the injury stay in a firm-controlled tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).