---
title: "List the Victorian statutory causes the lawyer has already named"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/list-the-statutory-causes-still-open-against-an-institution/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-AB20261023-4-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 the Victorian statutory causes the lawyer has already named

> Against the facts the lawyer has accepted, list only the causes the lawyer has named, and 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/list-the-statutory-causes-still-open-against-an-institution/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 | Against the facts the lawyer has accepted, list only the causes the lawyer has named, and 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. |
| What the lawyer must review | The lawyer chooses the causes and writes any pleading. Keep the s 91 duty and the Part XIIIA vicarious-liability section on separate rows. Confirm that Part XIIIA has commenced before a pleading relies on it. Keep the file in the firm's system. ASCR r 9 and APP 11 apply. |
| Written for | Victoria |
| Applies to | [List the statutory causes still open against an institution](https://ailawframework.com/practice/personal-injury-and-compensation/list-the-statutory-causes-still-open-against-an-institution.md) |

## Checking plan

**Lawyer writes what is filed**

The pleading is filed, so the lawyer writes it. The tool only lists causes the lawyer has already named.

- What the AI does: Against the facts the lawyer has accepted, list only the causes the lawyer has named, and 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.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- 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. The Bird summary holds that common-law vicarious liability is confined to employment and does not extend to a relationship akin to employment. The legal-identity Act does not supply that liability.
2. Section 91 imposes a duty to take reasonable care to prevent abuse by an associated individual while the child is under the organisation's care, supervision or authority, and presumes breach unless the organisation proves reasonable precautions.
3. Part XIIIA, in the current compilation and inserted by Act No. 5/2026, makes an institution vicariously liable for abuse by an employee or a person akin to an employee where the role supplied the occasion and the person took advantage of it. An independent contractor is not akin to an employee.
4. Section 93A(3) says the Part applies to abuse before, on or after its commencement, and s 93A(1) says it does not limit Part XIII. The as-made page did not state the commencement date. Confirm it before reliance.

## Notes

- The High Court summary says it declined to decide a non-delegable duty because that contention was not pleaded below. The summary is not a substitute for the reasons.
- If this is used in a Supreme Court document, the Court's news page on Practice Note SC Gen 25 says court users are responsible for the content whether or not they used AI.

## Practical guide

Jurisdiction: Victoria. The court in which the pleading is filed.

**Deliverable**: An issues list of the causes the lawyer has named, each tied to a fact already on the file.

**Inputs**

- The causes the lawyer has named
- The facts the lawyer has accepted
- Whether the alleged abuser was an employee

**Example**: Illustrative example: The lawyer has named the s 91 duty and has not named Part XIIIA. The tool lists only the s 91 duty and the facts the lawyer marked. It does not add a vicarious-liability count.

**Stop and escalate when**

- The tool is asked to add a cause the lawyer has not named.
- The tool is asked to write a paragraph of a statement of claim.

Checked 2026-10-23.

## Sources

- [High Court judgment summary, Bird v DP 2024 HCA 41](https://www.hcourt.gov.au/sites/default/files/assets/publications/judgment-summaries/2024/hca-41-2024-11-13.pdf) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 91](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s91.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 93A](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s93a.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 93C](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s93c.html) (checked 2026-10-23)
- [Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026 (Vic), as made](https://www.legislation.vic.gov.au/as-made/acts/justice-legislation-amendment-vicarious-liability-child-abuse-act-2026) (checked 2026-10-23)

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