Map a Victorian death claim picked up by the safety-defect statute
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the person who died or was injured, and each person said to have suffered loss, including whether the file describes a business or professional relationship. Do not name a Victorian dependency section and do not write the advice.
- What the lawyer must review
- Write the advice. Sections 138(3) and 145 pick up Victoria's death-liability and survival laws.
- Do not name one. Those Victorian sections were not opened.
- Exclude loss from a business or professional relationship under section 139.
- Check s 27D separately. It is not the Part 3-5 commencement rule.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A Victorian death or dependency claim brought with a safety-defect allegation
Produce. The lawyer's map of who may claim, without an unopened Victorian section number.
Have ready. Death certificate facts on the file; The relationship of each claimant; The lawyer's selection of documents.
Example of the limit. Illustrative example: A relative claims lost income and also ran a business with the deceased. The lawyer separates s 139, which excludes a business or professional relationship, from the Victorian statute picked up by s 138(3).
Stop and hand it back when
- A Victorian section that was not opened is named.
- The tool writes the advice.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. List the person who died or was injured, and each person said to have suffered loss, including whether the file describes a business or professional relationship. Do not name a Victorian dependency section and do not write the advice. 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
- Keep s 138(3) separate from s 139.
- Do not invent a Wrongs Act part number for fatal claims.
- Read s 87G(6) in full before fixing discoverability for a personal representative. Only its opening was read.
- Do not put the family's health information into a public tool.
Sources
- Australian Consumer Law, ss 138, 139 and 145 · 2026-10-23
- Limitation of Actions Act 1958 (Vic), s 27D · 2026-10-23
If the work reaches the Supreme Court of Victoria, Practice Note SC GEN 25 requires the lawyer to verify output. Do not put health records into a public AI tool. One AI tool cannot verify another.
Victorian survival and fatal-accidents provisions were not opened.