---
title: "Draft a Victorian letter declining to act, without calculating a date"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/draft-a-letter-declining-to-act-that-warns-time-may-be-running/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-IN20261023-13-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Draft a Victorian letter declining to act, without calculating a date

> In a firm-controlled tool, draft a short letter declining to act. The letter does not calculate a limitation date.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/draft-a-letter-declining-to-act-that-warns-time-may-be-running/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 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. |
| Written for | Victoria |
| Applies to | [Draft a letter declining to act that warns time may be running](https://ailawframework.com/practice/personal-injury-and-compensation/draft-a-letter-declining-to-act-that-warns-time-may-be-running.md) |

## Checking plan

**Verify against sources**

The lawyer settles the declining letter. Any time warning is the lawyer's, and it is not calculated by the tool.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- 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. The letter declines to act. It does not give advice on the merits.
2. 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.
3. No opened conduct rule says a solicitor who declines must warn of a particular period.
4. The client receives the letter. The lawyer settles it.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria: a letter declining to act on a plaintiff injury enquiry

**Deliverable**: A letter declining to act, settled by the lawyer, with no calculated date.

**Inputs**

- The decision to decline
- Any time warning the lawyer has written

**Example**: 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 escalate when**

- The letter would calculate a limitation date.
- The letter would advise on the merits of the claim.

Checked 2026-10-23.

## Sources

- [Limitation of Actions Act 1958 (Vic) section 27E](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27e.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) section 27D](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27d.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) section 27B](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27b.html) (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.*