---
title: "Serve each defendant on a Victorian labour-hire work damages claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/map-a-labour-hire-injury-into-the-employer-claim-and-the-host-claim/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WD20261023-6-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Serve each defendant on a Victorian labour-hire work damages claim

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/map-a-labour-hire-injury-into-the-employer-claim-and-the-host-claim/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 | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | Victoria |
| Applies to | [Map a labour hire injury into the employer claim and the host claim](https://ailawframework.com/practice/personal-injury-and-compensation/map-a-labour-hire-injury-into-the-employer-claim-and-the-host-claim.md) |

## Checking plan

**Verify against sources**

Identify the employer from the placement contract and the wages records before naming the host.

- What the AI does: 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 does: The lawyer decides who the employer is and which persons must be served.
- 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. Identify the employer from the placement contract and the wages records before naming the host.
2. 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.
3. 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.
4. Do not treat the host as unable to be served because the application also goes to the Authority or the self-insurer.

## Notes

- 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).

## Practical guide

Jurisdiction: Victoria: service of a serious-injury application on each person against whom a cause of action is claimed

**Deliverable**: A service map of the employer, the host and any other person sued, with the provision that requires service.

**Inputs**

- Placement contract
- Wages records
- Persons the lawyer has named as defendants

**Example**: 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 escalate when**

- The employer cannot be identified from the contract or the wages records.
- The tool has dropped a named defendant from the service list.

Checked 2026-10-23.

## Sources

- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 328](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wiraca2013484/s328.html) (checked 2026-10-23)
- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 335](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wiraca2013484/s335.html) (checked 2026-10-23)
- [Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) s 347](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/wiraca2013484/s347.html) (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.*