---
title: "Draft a Victorian serious-injury application, unsigned"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-application-that-opens-a-motor-accident-damages-claim/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MV20261023-8-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Draft a Victorian serious-injury application, unsigned

> Index the injuries, the section 93(17) sub-paragraphs the lawyer has selected, and the financial material where pecuniary loss is claimed, and do not draft that narrative.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-application-that-opens-a-motor-accident-damages-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 | Index the injuries, the section 93(17) sub-paragraphs the lawyer has selected, and the financial material where pecuniary loss is claimed, and do not draft that narrative. Leave every part the client must sign or verify blank. |
| What the lawyer must review | Check this is the serious-injury application, not the no-fault claim Confirm the section 93(17) sub-paragraphs the lawyer selected The lawyer writes any sworn part. The tool writes none of it Health records stay in the firm tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable. |
| Written for | Victoria |
| Applies to | [Prepare the application that opens a motor-accident damages claim](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-application-that-opens-a-motor-accident-damages-claim.md) |

## Checking plan

**Verify against sources**

Common-law damages use section 93, not the no-fault claim. Applications on or after 30 March 2026 use the Common Law Protocol 2026.

- What the AI does: Index the injuries, the section 93(17) sub-paragraphs the lawyer has selected, and the financial material where pecuniary loss is claimed, and do not draft that narrative. Leave every part the client must sign or verify blank.
- What the lawyer does: The lawyer makes the legal assessment, checks the source material and authorises the output for its intended use.
- 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. Section 93(3) deems the injury serious if the determined impairment is 30 per cent or more. If it is less than 30 per cent, section 93(4) requires a Commission certificate or leave of a court.
2. The application states the injuries and the sub-paragraphs of section 93(17) relied on: serious long-term impairment or loss of a body function, permanent serious disfigurement, severe long-term mental or severe long-term behavioural disturbance or disorder, or loss of a foetus.
3. Where pecuniary-loss consequences are claimed, attach financial information, where available, for not less than 3 years before the accident.
4. A fast-track application is only for a clearly demonstrable injury where the Commission indemnifies the defendant or is the likely defendant. It is not used where an application is already running, the accident was in the course of employment, liability is disputed or under investigation, there is a history of pre-existing injury, or the Commission does not intend to admit accident liability.

## Notes

- The common-law policy also requires an accepted claim under Part 3 and negligence of another person. For an accident on or after 20 November 2013, an accepted claim limited to funeral, dependency, family counselling, or family travel and accommodation expenses is not sufficient.
- Where a defendant is not indemnified, clause 2.6 still requires the serious-injury application before an originating motion. Clause 5.2.8 requires an affidavit on the ordinary application. The lawyer writes it. Fast-track clause 3.9 does not require that affidavit.

## Practical guide

Jurisdiction: Victoria. Serious-injury application to the Transport Accident Commission under the Common Law Protocol 2026.

**Deliverable**: An index of the selected injuries, sub-paragraphs and financial material, with the narrative and every verifying part left blank.

**Inputs**

- Injuries and sub-paragraphs the lawyer has selected
- Financial documents if pecuniary loss is claimed
- Whether the Commission indemnifies the defendant

**Example**: Illustrative example: The index lists the injury and the sub-paragraph the lawyer selected, and the available pre-accident financial records. It does not draft that narrative. The signature and any verifying part stay blank.

**Stop and escalate when**

- The lawyer has not selected the sub-paragraph.
- The fast-track path is marked and liability is disputed or still under investigation.

Checked 2026-10-23.

## Sources

- [Transport Accident Commission: Common Law Protocol 2026](https://www.tac.vic.gov.au/providers/resources/tac-protocols-tabs/common-law-protocol) (checked 2026-10-23)
- [Transport Accident Act 1986 (Vic), section 93](https://classic.austlii.edu.au/au/legis/vic/consol_act/taa1986204/s93.html) (checked 2026-10-23)
- [Transport Accident Commission: Claims for common law damages](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/lump-sum-damages-common-law) (checked 2026-10-23)
- [Transport Accident Commission: Serious injury applications for common law](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/serious-injury-applications-for-common-law) (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.*