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.
Written for / version
Victoria versionVICNSWQLD

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

Who does what
RoleWhat they do
AssistanceSupporting 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.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. Keep s 138(3) separate from s 139.
  2. Do not invent a Wrongs Act part number for fatal claims.
  3. Read s 87G(6) in full before fixing discoverability for a personal representative. Only its opening was read.
  4. Do not put the family's health information into a public tool.

Sources

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.

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