---
title: "Index material for an expedited Victorian dust hearing where health is failing"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/index-the-material-for-preserving-a-gravely-ill-plaintiff-s-evidence/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-11-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Index material for an expedited Victorian dust hearing where health is failing

> Index the reports, the dates and whether a proceeding is already on foot. Write nothing that is filed. Do not state a rule about damages after death.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/index-the-material-for-preserving-a-gravely-ill-plaintiff-s-evidence/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 | Index the reports, the dates and whether a proceeding is already on foot. Write nothing that is filed. Do not state a rule about damages after death. |
| What the lawyer must review | The lawyer decides whether an expedited trial under paragraph 6.4 is justified, and writes it. Use paragraph 6.4 for an expedited trial. The health point in paragraph 13.1 is a regional-circuit exception. No survival rule for non-economic loss was opened. The lawyer checks the local statute. Keep the reports in the firm tool under ASCR r 9, APP 11 and the Privacy Act 1988 (Cth). |
| Written for | Victoria |
| Applies to | [Index the material for preserving a gravely ill plaintiff's evidence](https://ailawframework.com/practice/personal-injury-and-compensation/index-the-material-for-preserving-a-gravely-ill-plaintiff-s-evidence.md) |

## Checking plan

**Lawyer-led judgement**

The opened Victorian path for a gravely ill plaintiff is an expedited or more urgent Dust Diseases List listing, not an examination section.

- What the AI does: Index the reports, the dates and whether a proceeding is already on foot. Write nothing that is filed. Do not state a rule about damages after death.
- What the lawyer does: The lawyer decides whether to apply for an expedited listing and checks the survival statute. The tool only indexes.
- 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. No examination provision was opened.
2. Paragraph 6.4: an expedited trial is sought on summons with supporting material, as soon as possible.
3. Paragraph 13.1 says regional proceedings are managed in the same way as other proceedings in any List, subject to stated exceptions. The trial will be listed in the relevant Supreme Court civil trial circuit unless a more urgent listing is required due to a party's state of health. That is not the expedited-trial rule in paragraph 6.4, and it is not a general urgent-listing power for every Dust Diseases List case.
4. No provision on survival of non-economic loss was opened. Do not copy section 12B of the Dust Diseases Tribunal Act 1989.

## Notes

- Practice Note SC GEN 25 was issued and commences on 14 May 2026. Do not enter confidential or sensitive information into a public AI tool. Evidence must be the person's own knowledge and words.
- A dependency claim is a separate task.

## Practical guide

Jurisdiction: Supreme Court of Victoria, Dust Diseases List

**Deliverable**: An index of reports and dates, and the lawyer's decision on an expedited listing.

**Inputs**

- Medical reports
- Whether a proceeding is on foot
- Note of the plaintiff's health

**Example**: Illustrative example: The plaintiff is gravely ill and no proceeding has been issued. The tool indexes the reports and records that no proceeding is on foot. The lawyer decides whether to issue and seek an expedited trial, and writes the application.

**Stop and escalate when**

- A New South Wales survival rule is applied.
- Anything generated is placed in the application.

Checked 2026-10-23.

## Sources

- [Practice Note SC CL 3 Personal Injuries Litigation](https://www.supremecourt.vic.gov.au/sites/default/files/2026-06/SC%20CL%203%20-%20Personal%20Injuries%20Litigation.pdf) (checked 2026-10-23)
- [Supreme Court of Victoria: Dust Diseases List](https://www.supremecourt.vic.gov.au/areas/common-law-division/specialist-lists/dust-diseases) (checked 2026-10-23)
- [Practice Note SC GEN 25](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)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Outline notice of motion to take a gravely ill plaintiff's evidence early](https://ailawframework.com/precedents/personal-injury-and-compensation/notice-early-evidence-gravely-ill-plaintiff.md) | Court document | Red | An outline notice of motion in the Dust Diseases Tribunal to remove an asbestos claim from the usual claims process and to take the plaintiff's evidence under section 24. |

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.*