---
title: "List unsupported particulars before a Victorian serious-injury proceeding is drawn"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/draft-pleadings-or-points-of-claim-from-the-medical-chronology/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-T1-R7-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# List unsupported particulars before a Victorian serious-injury proceeding is drawn

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/draft-pleadings-or-points-of-claim-from-the-medical-chronology/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 | Red: Lawyer writes; AI may check, clarify or collect data |
| 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. |
| Written for | Victoria |
| Applies to | [Draft pleadings or points of claim from the medical chronology](https://ailawframework.com/practice/personal-injury-and-compensation/draft-pleadings-or-points-of-claim-from-the-medical-chronology.md) |

## Checking plan

**Verify against sources**

The lawyer writes the process that is filed. The tool only lists allegations that lack a source.

- What the AI does: 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 does: Decide the gateway, write the filed process, and verify every particular.
- 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. 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.
2. 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.
3. 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.
4. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: Victorian serious-injury gateway before a transport-accident or workplace damages proceeding

**Deliverable**: A list of allegations that have no source. Not the filed process.

**Inputs**

- Medical chronology and instructions
- Any impairment determination, certificate or leave application
- The section 93 or section 335 text for this claim

**Example**: 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 escalate 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.

Checked 2026-10-23.

## Sources

- [Transport Accident Act 1986 (Vic), authorised version 158](https://www.legislation.vic.gov.au/in-force/acts/transport-accident-act-1986/158) (checked 2026-10-23)
- [Transport Accident Act 1986 (Vic), section 93](https://classic.austlii.edu.au/au/legis/vic/consol_act/taa1986204/s93.html) (checked 2026-10-23)
- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), section 335](https://www5.austlii.edu.au/au/legis/vic/consol_act/wiraca2013484/s335.html) (checked 2026-10-23)
- [Supreme Court of Victoria: SC Gen 25 Use of artificial intelligence by court users](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (checked 2026-10-23)
- [WorkSafe Victoria: Workplace Legislation Amendment (Accident Compensation and Other Matters) Act 2026](https://www.worksafe.vic.gov.au/workplace-legislation-amendment-accident-compensation-and-other-matters-act-2026) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Response to a request for particulars in a personal injury proceeding](https://ailawframework.com/precedents/personal-injury-and-compensation/response-to-particulars-personal-injury.md) | Letter | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/treatment-chronology.md) | Other | Yellow | A page-cited chronology of treatment, complaints and findings drawn from health records, with a verification log. It is a working document, not the witness's evidence. |
| [UCPR Form 3A: statement of claim where the filing party is legally represented](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ucpr-3a-statement-of-claim.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ucpr-14-particulars.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ucpr-15-compensation-to-relatives.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-worksafe-form-a-common-law.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ucpr-30-consent-tutor.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ddt-asbestos-claim.md) | Form | 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.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*