List unsupported particulars before a Victorian serious-injury proceeding is drawn
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the chronology, list injury, breach and loss allegations that have no source on the file. The tool does not write the originating process, the statement of claim or the particulars that will be filed.
- What the lawyer must review
- TAC damages: use section 93. Treat 30 per cent or more as deemed serious. Below that, require a certificate or leave.
- s 335: treat 30 per cent or more as serious. Below that, require a certificate or leave outside the Magistrates' Court.
- The lawyer writes the filed document. In the Supreme Court, SC Gen 25 makes the court user responsible for it.
- Dust-related workplace claims changed on 2 October 2026. Open the current Act before using section 335.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victorian serious-injury gateway before a transport-accident or workplace damages proceeding
Produce. A list of allegations that have no source. Not the filed process.
Have ready. Medical chronology and instructions; Any impairment determination, certificate or leave application; The section 93 or section 335 text for this claim.
Example of the limit. Illustrative example: The chronology supports a shoulder injury but not the pleaded duty. The list marks the duty as unsupported. The lawyer writes the originating motion. The tool does not produce it.
Stop and hand it back when
- The tool is asked to write the process, the statement of claim or the particulars.
- The impairment percentage or the certificate is not on the file and the list assumes the gateway is met.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the chronology, list injury, breach and loss allegations that have no source on the file. The tool does not write the originating process, the statement of claim or the particulars that will be filed. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- For a transport accident, section 93(3) deems the injury serious if the degree of impairment determined under section 46A, 47(7) or 47(7A) is 30 per cent or more.
- If that degree is under 30 per cent, section 93(4) requires a written certificate from the Commission or leave of the court. Section 93(6) says leave is not given unless the court is satisfied the injury is serious.
- For a workplace injury, section 335(1) deems the injury serious at 30 per cent. Section 335(2) otherwise requires a certificate, or leave from a court other than the Magistrates' Court.
- Use the section 93(17) or section 325 definition the claim actually attracts. Do not use the Part VBA significant-injury percentages for either gateway.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| 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. |
| Treatment chronology from health records | Other | AI use Yellow | A page-cited chronology of treatment, complaints and findings drawn from health records, with a verification log. |
| UCPR Form 3A: statement of claim where the filing party is legally represented | Form | AI use Red | Link to UCPR Form 3A version 7, the statement of claim for a represented plaintiff, including the prospects certificate, the 28-day notice and the affidavit verifying. |
| UCPR Form 14: statement of particulars in personal injury proceedings | Form | AI use Red | Link to UCPR Form 14 version 2, the statement of particulars for personal injury proceedings, covering injuries, expenses, care and economic loss. |
| UCPR Form 15: statement of particulars, compensation to relatives | Form | AI use Red | Link to UCPR Form 15 version 2, the statement of particulars for compensation to relatives proceedings, including dependency and the people for whom the claim is brought. |
| WorkSafe Form A, application for common law damages: completion guide | Form | AI use Yellow | Guide to WorkSafe Form A for an application under section 328 of the Workplace Injury Rehabilitation and Compensation Act 2013 or section 134AB(4) of the Accident Compensation Act 1985. |
| UCPR Form 30: consent to act as tutor | Form | AI use Red | Link to UCPR Form 30 version 3, the tutor's consent to act and the legal representative's certificate that the tutor has no adverse interest. |
| Dust Diseases Tribunal: lodging an asbestos-related claim | Form | AI use Red | Link to the Dust Diseases Tribunal's steps for an asbestos-related claim: UCPR Form 3A or 3B, then the Tribunal's statement of particulars with a Form 1 cover. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Transport Accident Act 1986 (Vic), authorised version 158 · 2026-10-23
- Transport Accident Act 1986 (Vic), section 93 · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), section 335 · 2026-10-23
- Supreme Court of Victoria: SC Gen 25 Use of artificial intelligence by court users · 2026-10-23
- WorkSafe Victoria: Workplace Legislation Amendment (Accident Compensation and Other Matters) Act 2026 · 2026-10-23
SC Gen 25 defines a court document to include pleadings. Court users are responsible for the content whether or not a tool was used.
WorkSafe's page on the 2026 amendment says dust-related common law claims can be started in the Supreme Court without the usual pre-litigation process, from 2 October 2026. The amended section was not opened.
Keep health, wage and scheme records in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether any breach is notifiable under the Privacy Act 1988 (Cth).