Prepare the Victorian statutory-offer record for a work damages claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, prepare the conference cover, the attendance list and a record for the statutory offer and the statutory counter offer. Leave the amount blank.
- What the lawyer must review
- The lawyer sets the offer and the settlement authority.
- Settle the counter offer only after its costs consequence is checked.
- Name who attended.
- 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: the conference and the statutory offer and counter offer after a serious injury is established
Produce. A conference cover, attendance list and blank statutory-offer record.
Have ready. Serious-injury result; Conference date and attendees; Form B if received.
Example of the limit. Illustrative example: The conference has happened and no figure has been set. The tool prepares the cover and leaves the counter offer blank. The lawyer writes the figure and checks the costs consequence.
Stop and hand it back when
- No serious-injury result is on the file.
- The tool has inserted a settlement figure.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, prepare the conference cover, the attendance list and a record for the statutory offer and the statutory counter offer. Leave the amount blank. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Leave the figure blank until the lawyer writes it on Form B or Form C.
- Record that the statutory offer may not be an offer of money.
- Check the costs consequence WorkSafe states before the counter offer goes out.
- Do not issue from this record. The issuing window is a separate diary.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Written final offer for a Queensland WorkCover damages claim (s 292) | Notice | AI use Yellow | The claimant's written final offer under section 292 of the Workers' Compensation and Rehabilitation Act 2003 (Qld). |
| Mediation paper and final offer for a NSW work injury damages claim | Memo | AI use Yellow | The worker's statement of issues for a Personal Injury Commission mediation of a work injury damages claim, and the final offer recorded if the claim does not settle. |
| Statutory counter offer before a Victorian serious injury damages proceeding | Letter | AI use Yellow | The worker's statutory counter offer under section 333 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- WorkSafe Victoria: Common law claim for damages · 2026-10-23
- Supreme Court of Victoria: Practice Note SC GEN 25 · 2026-10-23
- County Court of Victoria: practice note on artificial intelligence for court users · 2026-10-23
Once a serious injury is established, WorkSafe says the parties must conference. The Authority or self-insurer then makes a written statutory offer on Form B. It may not be an offer of money. If it is not accepted, the worker's legal practitioner makes a written statutory counter offer on Form C. In damages proceedings, those offers determine whether one party must pay the other's legal costs. Proceedings are not issued earlier than 21 days, or more than 51 days, after the counter offer. The Ministerial Directions on that page commenced on 1 November 2024.
If this work is filed, read Supreme Court of Victoria Practice Note SC GEN 25, issued and commencing on 14 May 2026. The County Court of Victoria has issued a practice note for court users on artificial intelligence. The news page opened does not state its number or its commencement date.
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).