Serve each defendant on a Victorian labour-hire work damages claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, list each person against whom a cause of action is claimed, and whether the serious-injury application has been served on that person. Do not decide who owed the duty.
- What the lawyer must review
- Decide who the employer is, and who else is sued.
- Check service of the application on each person sued.
- Do not assume a host is outside the serious-injury provisions.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: service of a serious-injury application on each person against whom a cause of action is claimed
Produce. A service map of the employer, the host and any other person sued, with the provision that requires service.
Have ready. Placement contract; Wages records; Persons the lawyer has named as defendants.
Example of the limit. Illustrative example: The worker was placed with a host and the draft application names only the labour-hire employer. The tool lists the host as not yet served. The lawyer decides whether a cause of action is claimed against the host.
Stop and hand it back when
- The employer cannot be identified from the contract or the wages records.
- The tool has dropped a named defendant from the service list.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, list each person against whom a cause of action is claimed, and whether the serious-injury application has been served on that person. Do not decide who owed the duty. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Identify the employer from the placement contract and the wages records before naming the host.
- Serve the section 328(2) application and the impairment claim under section 328(6) on each person against whom a cause of action is claimed. Serve a leave application under section 335(4) on the Authority or self-insurer and on each such person.
- Use section 347(3) only as a sign that a proceeding may have more than one defendant. It does not decide the host's liability.
- Do not treat the host as unable to be served because the application also goes to the Authority or the self-insurer.
Sources
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 328 · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 335 · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 347 · 2026-10-23
Section 328(6) requires a copy of the section 328(2) application, and of the impairment claim that produced the determination referred to in section 328(1), to be served on each person against whom the worker claims a cause of action. Section 335(4) requires a copy of a leave application to be served on the Authority or self-insurer and on each such person. The application itself is made to the Authority or the self-insurer. Section 347(3) shows that a damages proceeding is not always against the employer alone: the direction to keep paying the net weekly amount applies only where the sole defendant was the employer at the date of injury. The lawyer decides whether the host is a person who must be served.
Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).