Draft a Victorian letter declining to act, without calculating a date
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, draft a short letter declining to act. The letter does not calculate a limitation date. If the lawyer inserts a warning that time may be running, the tool keeps the lawyer's sentence and does not add a date.
- What the lawyer must review
- Settle the letter before it is sent. You choose whether any time warning is included.
- Do not calculate a date. If you name a period, check sections 27D, 27E and 27B yourself.
- Do not add a time warning unless you have written the words.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: a letter declining to act on a plaintiff injury enquiry
Produce. A letter declining to act, settled by the lawyer, with no calculated date.
Have ready. The decision to decline; Any time warning the lawyer has written.
Example of the limit. Illustrative example: The firm declines a shop-fall enquiry. The draft says the firm is not acting and that time limits can apply, and it states no date. The lawyer settles the letter before it is sent.
Stop and hand it back when
- The letter would calculate a limitation date.
- The letter would advise on the merits of the claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, draft a short letter declining to act. The letter does not calculate a limitation date. If the lawyer inserts a warning that time may be running, the tool keeps the lawyer's sentence and does not add a date. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The letter declines to act. It does not give advice on the merits.
- Do not insert a date. If the lawyer writes a period, it must not use section 27D where the person was under a disability, and it must not use section 27D or section 27E where section 27B applies.
- No opened conduct rule says a solicitor who declines must warn of a particular period.
- The client receives the letter. The lawyer settles it.
Sources
- Limitation of Actions Act 1958 (Vic) section 27E · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27D · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27B · 2026-10-23
No opened rule requires a solicitor who declines to act to warn of a particular limitation period. If the lawyer inserts a warning, the letter still does not calculate the date.
Section 27D is the earlier of 3 years from discoverability and 12 years from the act or omission, and section 27D(2) says it does not apply where the person was under a disability at the date of the act or omission. Section 27E then applies where the Part applies: the earlier of 6 years from discoverability and 12 years from the act or omission. Section 27B(2) takes the Part outside Transport Accident Act Parts 6 and 10, Accident Compensation Act Part IV, Workplace Injury Rehabilitation and Compensation Act Part 7, Workers Compensation Act 1958 injuries, the dust-related conditions there defined, and tobacco injuries. A warning must not treat section 27D or section 27E as the period in a case section 27B excludes.