List the statutory causes still open against an institution
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Against the facts the lawyer has already accepted, list only the causes the lawyer has named, and under each one the facts on the file that match the elements the lawyer has written down. Do not add a cause, and do not write a pleading, a particular or a submission.
- What the lawyer must review
- The lawyer chooses the causes and writes any pleading. Common-law vicarious liability still needs employment.
- Read the local statutory duty and any statutory vicarious-liability section before you drop a claim.
- Do not add an akin-to-employee section. Queensland's opened Part 2A has a duty and a reversed onus.
- Keep the file in the firm's system. Confidentiality, APP 11 and a notifiable-breach check apply.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Against the facts the lawyer has already accepted, list only the causes the lawyer has named, and under each one the facts on the file that match the elements the lawyer has written down. Do not add a cause, and do not write a pleading, a particular or a submission. 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
- Do not list common-law vicarious liability for a priest, volunteer or other non-employee unless the lawyer has a basis other than a relationship akin to employment.
- Keep the statutory duty and any statutory vicarious-liability section on separate rows. They are not the same cause.
- In New South Wales, do not describe connected psychological abuse, or an act that was lawful at the time, as within s 6F. That section's definition is sexual abuse or physical abuse, excluding an act that is lawful at the time it takes place.
- Write no paragraph that could be pasted into a statement of claim. The lawyer writes the pleading.
Sources
- High Court of Australia, judgment summary, Bird v DP (a pseudonym) [2024] HCA 41 (13 November 2024) · 2026-10-23
- Wrongs Act 1958 (Vic) s 91, liability of organisations · 2026-10-23
- Wrongs Act 1958 (Vic) s 93A, application of statutory vicarious liability · 2026-10-23
- Wrongs Act 1958 (Vic) s 93C, statutory vicarious liability of institutions for child abuse · 2026-10-23
- Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026 (Vic), Act as made, No. 5/2026 · 2026-10-23
- Civil Liability Act 2003 (Qld) s 33D, duty to prevent child abuse · 2026-10-23
- Civil Liability Act 2003 (Qld) s 33E, proof of whether the duty was breached · 2026-10-23
- Civil Liability Act 2002 (NSW) s 6F, liability of an organisation for child abuse by associated individuals · 2026-10-23
- Civil Liability Act 2002 (NSW) s 6G, employees include persons akin to employees · 2026-10-23
- Civil Liability Act 2002 (NSW) s 6H, organisations vicariously liable for child abuse by employees · 2026-10-23
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) r 9.1, confidentiality, compiled to 1 July 2026 · 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.
Before any output is used in a court document, read the forum's generative AI rule: Victoria, Supreme Court Practice Note SC Gen 25; New South Wales, Practice Note SC Gen 23; Queensland, the courts' generative AI page and Supreme Court Practice Direction 5 of 2025.