Draft a Victorian progress update that does not misstate the limitation period
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, draft a short progress update from the file events the lawyer marks, telling the client what has been done and what is waiting. It states no time limit and no scheme outcome unless the lawyer has already written that sentence.
- What the lawyer must review
- Settle the update before it is sent, and remove any outcome you have not checked.
- If you insert a period, do not use section 27D where section 27E applies, or either where section 27B applies.
- A costs update is a separate task. Do not include one here.
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 progress update to the client after an injury file opens
Produce. A progress update limited to events the lawyer has marked, settled before it is sent.
Have ready. File events the lawyer marks; Any limitation sentence the lawyer has already written.
Example of the limit. Illustrative example: The update says the hospital notes have been requested and the insurer has not replied. It does not state a deadline. The lawyer settles it before it is sent.
Stop and hand it back when
- The update would state a limitation date the lawyer has not written.
- The update would include a costs disclosure.
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 progress update from the file events the lawyer marks, telling the client what has been done and what is waiting. It states no time limit and no scheme outcome unless the lawyer has already written that sentence. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Limit the update to events the lawyer has marked. Do not add a scheme outcome.
- Do not state a limitation period unless the lawyer has written the sentence. Then check sections 27D(2), 27E and 27B.
- Do not include a costs-disclosure update. Uniform Law costs provisions were not opened.
- The client receives the letter. The lawyer settles it. Rule 7.1 is not discharged by a routine update.
Sources
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, rule 7 (NSW consolidation) · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27D · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27E · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27B · 2026-10-23
Rule 7.1 requires clear and timely advice so the client can understand the relevant legal issues and make informed choices, consistent with the engagement. Rule 7.2 requires the solicitor to inform the client about alternatives to fully contested adjudication that are reasonably available, unless the solicitor believes on reasonable grounds that the client already has that understanding. A routine progress update is not that advice.
If the update states a limitation period, it must not treat section 27D as applying where the person was under a disability at the date of the act or omission. Section 27D(2) says section 27D does not apply then. Section 27E applies where the Part applies: the earlier of 6 years from discoverability and 12 years from the act or omission. Neither section is used where section 27B(2) takes the claim outside the Part, including Transport Accident Act Parts 6 and 10 and workplace damages under Accident Compensation Act Part IV or Workplace Injury Rehabilitation and Compensation Act Part 7. The update does not calculate the date. Costs-disclosure provisions of the Uniform Law were not opened.
If the product supports a court document, apply the note for that court: Supreme Court Practice Note SC GEN 25 (14 May 2026), the County Court practice note on artificial intelligence by court users (9 June 2026), or the Magistrates' Court guidelines issued 19 October 2026. One tool cannot verify another. Do not put confidential or sensitive information into a public tool.