Set out Victorian repayment clauses in a transport-accident settlement
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the compensation notices on the file, list the Transport Accident Act reductions in sections 93(11), 93(11A) and 93(18A) that the lawyer may use. Do not calculate the reduction.
- What the lawyer must review
- You settle the repayment figures from the notices on the file
- Apply section 93(11) and section 93(18A) only where they fit
- Do not draft a WorkCover repayment clause until that section is opened
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 deed of settlement of a transport-accident damages claim under section 93
Produce. A repayment schedule the lawyer can settle into the deed.
Have ready. Notices of compensation paid under the Transport Accident Act, by section; Whether the damages are under section 93(7) or section 93(8); Whether the damages include future section 60 services in Australia.
Example of the limit. Illustrative example: The notices show payments under sections 49 and 47. The schedule lists a section 93(11) reduction of pecuniary loss damages by the section 49 payments, and of pain and suffering damages by the section 47 payments. The lawyer inserts the figures from the notices. The schedule does not add a WorkCover repayment.
Stop and hand it back when
- The settlement is a WorkCover damages claim and the WorkSafe repayment section has not been opened.
- The schedule states a dollar reduction that is not on a notice or calculated by the lawyer.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the compensation notices on the file, list the Transport Accident Act reductions in sections 93(11), 93(11A) and 93(18A) that the lawyer may use. Do not calculate the reduction. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 93(11) reduces damages under section 93(7). Pecuniary loss damages are reduced by compensation paid under sections 49, 50 and 51 where the person was entitled. Where the person was not entitled because of section 37, they are reduced by compensation paid for lost earnings other than earnings lost in the first 18 months.
- Pain and suffering damages under section 93(11) are reduced by compensation paid under sections 47 and 54 where the person was entitled. Where section 37 applies, they are reduced by compensation paid otherwise than for lost earnings or other pecuniary loss.
- Section 93(11A) reduces damages under section 93(8), for a death, by compensation paid under sections 57, 58 and 59 where compensation was payable. Where it was not payable because of section 37, the reduction is compensation paid for loss of expectation of financial support, other than a kind to which section 60 applies, under a scheme specified in section 37.
- Section 93(18A): if the damages include an amount for the future cost of services of a kind in section 60 if provided in Australia, the Commission is released from further liability under section 60. Section 93(18B) limits that release to a transport accident on or after the commencement of the inserting provision. That commencement date was not opened.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Deed of release for a personal injury damages claim | Deed | AI use Yellow | Deed of release for a personal injury damages claim in Victoria, Queensland or New South Wales, conditional on sanction or approval where the claimant cannot give a binding release. |
| Settlement distribution statement for a personal injury claim | Checklist | AI use Yellow | Statement the client receives showing the gross personal injury settlement, the costs, the disbursements and the statutory amounts the lawyer has sourced, and the resulting net sum. |
| Letter to the payer sending a personal injury deed and payment terms | Letter | AI use Yellow | Letter to the payer's solicitors sending a personal injury deed and stating when the compensation may be paid, including the Medicare hold on any payment to the injured person. |
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
- Transport Accident Act 1986, in force version 158 (effective 2 October 2026) · 2026-10-23
- Funds in Court: Approvals of compromise · 2026-10-23
- Supreme Court of Victoria: Practice Note SC GEN 25, use of artificial intelligence by court users · 2026-10-23
The repayment section for WorkSafe damages was not opened. A WorkCover damages repayment clause is not drafted until the lawyer opens the current section.
The lawyer also clears any Medicare, Centrelink or NDIS charge shown on a notice already on the file. If the claimant is a person under disability, the Funds in Court page requires court approval of the compromise. The tool writes none of the approval material. Practice Note SC GEN 25 applies to a court document in the Supreme Court.