Prepare a Victorian demand that leaves out Transport Accident Act excluded heads
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the approved chronology and schedule, draft a demand or particulars that lists only heads the applicable Victorian Act allows, and flag any head the Transport Accident Act 1986 excludes.
- What the lawyer must review
- Decide the demand and the recipient yourself
- Remove pecuniary loss in the first 18 months and section 60 expenses on a transport-accident claim
- Do not demand common law damages before a serious injury gateway is met
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 to the Transport Accident Commission or a WorkSafe agent, or particulars in a County Court or Supreme Court proceeding
Produce. A demand or particulars the lawyer can send or settle.
Have ready. Approved chronology and schedule of loss; The scheme decision and any impairment determination; Current form of serious-injury application, if the claim is a work injury.
Example of the limit. Illustrative example: The schedule includes lost earnings for the first year after a transport accident and a claim for treatment of a kind in section 60. Those heads are marked excluded under section 93(10). The lawyer decides whether any remaining head is demanded, and whether section 93(2) is met.
Stop and hand it back when
- The injury has not been accepted as a serious injury and the draft still claims common law pain and suffering.
- A head cannot be tied to a page in the chronology or the schedule.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the approved chronology and schedule, draft a demand or particulars that lists only heads the applicable Victorian Act allows, and flag any head the Transport Accident Act 1986 excludes. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- On a transport accident, section 93(10) keeps out pecuniary loss damages under section 93(7) for the 18 months after the accident, costs or expenses of a kind in section 60, professional administration costs under section 62A, and unpaid domestic or nursing services.
- Section 93(2) requires a Commission impairment determination under section 46A, 47(7) or 47(7A) and a serious injury. Section 93(3) deems serious injury at 30 per cent or more. Below that, section 93(4) requires a Commission certificate or leave of the court.
- On a WorkSafe common law matter, follow the serious-injury application, the 120-day response, the conference and the statutory offer, rather than an open quantum demand.
- Check every figure, date and name against the chronology and the schedule before the letter goes out.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Letter to an occupier and its insurer: notice of an injury and a liability response | Letter | AI use Yellow | A plaintiff firm's letter telling an occupier and its public liability insurer about an injury, asking for the insurer's details and a liability response, and asking that footage and incident documents be kept. |
| Schedule of damages for a personal injury claim | Court document | AI use Yellow | Heads of damage for a plaintiff claim, with the Victorian, Queensland and New South Wales limits, in a form that can be adapted to a Queensland statement of loss and damage. |
| Letter of claim to a public health service, including an initial notice | Letter | AI use Yellow | Letter of claim to a public health service. |
| Dependency calculation after a wrongful death | Court document | AI use Yellow | A calculation of each dependant's loss of financial support after a wrongful death, with the classes of claimant in Victoria, Queensland and New South Wales, and the funeral head where the statute provides for it. |
| Letter to an institution about a claim for abuse of a child | Letter | AI use Yellow | Letter telling an institution that a person intends to claim for abuse suffered as a child, covering the limitation position and the proper-defendant rules in Victoria, Queensland and New South Wales. |
| Response to an insurer's denial of liability | Letter | AI use Yellow | A letter identifying an insurer's denial, stating the facts the client disputes, asking for reconsideration, and listing documents still missing. |
| Response to a request for particulars in a personal injury proceeding | Letter | AI use Yellow | A letter answering a request for particulars of a personal injury pleading, with the Victorian bodily-injury items and the different filing rules in Queensland and New South Wales. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Transport Accident Act 1986 (Vic) s 93, actions for damages · 2026-10-23
- WorkSafe Victoria: Common law claim for damages · 2026-10-23
- Supreme Court of Victoria: Practice Note SC GEN 25, use of artificial intelligence by court users · 2026-10-23
- Transport Accident Act 1986, in force version 158 (effective 2 October 2026) · 2026-10-23
If the demand or the particulars are later filed, Practice Note SC GEN 25 and the County Court practice note of 9 June 2026 require the lawyer to verify any generated content. One AI tool cannot verify another.
Section 93(9) states a $500,000 ceiling on Part III Wrongs Act damages for a transport-accident death. Do not treat that printed figure as the current ceiling until the indexation provision is opened.