Prepare Victorian conference material with no mandatory offer
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Prepare an index for the serious-injury conference, or the later common-law conference, using only the material the current protocol requires. Leave any figure blank. Do not draft a mandatory final offer.
- What the lawyer must review
- Confirm which conference the protocol step is
- Do not add a mandatory final offer or a sealed envelope
- Leave any settlement figure blank
- Health records stay in the firm tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable.
- Written for / version
- Victoria versionVICQLD
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria. Common Law Protocol 2026, chapters 8 and 13.
Produce. A conference index and a comparison of heads, with any figure left blank.
Have ready. The application and the Commission's response; Documents already exchanged; Whether pecuniary loss above $200,000 is claimed.
Example of the limit. Illustrative example: The Commission has asked for a serious-injury conference. The index lists the exchanged reports. No offer figure is entered. The lawyer decides what is said at the conference.
Stop and hand it back when
- The protocol step is not yet a conference.
- An offer figure has been entered by the tool.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Prepare an index for the serious-injury conference, or the later common-law conference, using only the material the current protocol requires. Leave any figure blank. Do not draft a mandatory final offer. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Clause 8.2: if the Commission considers a conference would assist, it contacts the lawyer to arrange it. The purpose is to resolve the serious-injury question. The client must attend. If the client is a minor or a person under a disability, the guardian or administrator may elect whether to take part.
- Anything said at the serious-injury conference is without prejudice. Do not add a mandatory final offer, a sealed envelope, or a costs consequence.
- A common-law damages conference is a later step under chapter 13. If pecuniary loss greater than $200,000 is claimed, particulars of loss are provided at least 7 days before that conference. They are without prejudice and are not put on an ambit basis.
- After an unresolved common-law conference, the protocol reserves to the Commission a right to serve a settlement offer in Calderbank form, except where the client requires a litigation guardian or administrator. That is not an offer the claimant must make.
Sources
- Transport Accident Commission: Common Law Protocol 2026 · 2026-10-23
- Transport Accident Commission: Claims for common law damages · 2026-10-23
Clause 13.6 requires written certification that an unresolved common-law conference has concluded. The lawyer decides whether that certification is given. The tool does not write it.