Keep the civil limitation period running while a prosecution is on foot
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the incident date, the discoverability date the lawyer has already nominated, and the charge dates, set out each period in the section the lawyer names. Do not choose the discoverability date, do not treat the prosecution as stopping time, and do not write advice on whether to sue.
- What the lawyer must review
- The lawyer decides whether the limitation provision applies and what the discoverability date is.
- Do not treat a pending prosecution as stopping time. The opened sections do not say that.
- The lawyer writes any advice on whether to issue while the prosecution continues.
- Do not file anything generated, and do not treat it as the advice.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm the limitation provision applies to this cause of action before any date is treated as final.
- Do not enter a charge date or a sentence date as the start of the period unless the section uses that date.
- In Victoria, check s 27D(2) before using the 3-year and 12-year periods where disability is possible.
- The lawyer writes the advice on whether to issue. No generated sentence appears in that advice.
Sources
- Limitation of Actions Act 1958 (Vic) s 27B · 2026-10-23
- Limitation of Actions Act 1958 (Vic) s 27D · 2026-10-23
- Limitation of Actions Act 1974 (Qld) s 11 · 2026-10-23
- Limitation Act 1969 (NSW) s 50A · 2026-10-23
- Limitation Act 1969 (NSW) s 50C · 2026-10-23
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.