Mark Victorian heads that the opened sections do not remove
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, mark each head the lawyer lists against the opened section, and leave a head unmarked where no opened section removes it. The tool does not write a pleading or a schedule that will be filed or served.
- What the lawyer must review
- Name the Act that limits the heads, and decide which claims it covers.
- Keep any head the section you are applying does not remove.
- Do not treat Part VB as abolished for every Victorian injury, and do not abolish exemplary damages.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: heads of damage tested against the sections that were opened
Produce. A marked list of claimed heads, showing which opened section removes or reduces each one.
Have ready. The heads the lawyer lists; Whether the claim is Wrongs Act, transport-accident or workplace damages.
Example of the limit. Illustrative example: The list includes exemplary damages and future treatment on a shop-fall claim. Exemplary damages are left unmarked, because no abolishing section was opened. Future treatment is left for section 28I only if the lawyer says Part VB applies.
Stop and hand it back when
- The tool would delete a head no opened section removes.
- The tool would write a pleading.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, mark each head the lawyer lists against the opened section, and leave a head unmarked where no opened section removes it. The tool does not write a pleading or a schedule that will be filed or served. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record where section 28C takes an award outside Part VB. Do not then delete a head that Part VB never removed.
- No Wrongs Act section abolishing exemplary, punitive or aggravated damages was opened. On proceedings under section 93(2), (3) or (4), subsection (7) limits the kinds of damages that can be recovered.
- On a transport-accident damages claim, apply subsections (7), (10), (11), (11A) and (12A) only as far as their words go. The opened text of subsection (7) prints $30,520, $686,840 and $305,250, and subsection (9) prints $500,000. No variation provision was opened. Record those printed figures and do not substitute another figure.
- On a workplace damages claim, use section 343 for the reduction of the judgment or settlement. Do not invent a further abolition.
Sources
- Wrongs Act 1958 (Vic) section 28C · 2026-10-23
- Transport Accident Act 1986 (Vic) section 93 · 2026-10-23
- Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) section 343 · 2026-10-23
No Wrongs Act section abolishing exemplary, punitive or aggravated damages was opened. Wrongs Act 1958 section 28C(2) leaves Part VB out of an award where the fault is an intentional act done with intent to cause death or injury, or sexual assault or other sexual misconduct; an award to which Transport Accident Act 1986 Part 3, 6 or 10 applies; an award to which Accident Compensation Act 1985 Part IV or Workplace Injury Rehabilitation and Compensation Act 2013 Part 7 applies; and an award to which the Workers Compensation Act 1958 applies. Other exclusions are on the section, including victims of crime assistance and a sum payable under a superannuation scheme or a life or other insurance policy. Section 28C(2A) leaves the Part out of assistance under the Victims of Crime (Financial Assistance Scheme) Act 2022. The lawyer decides whether Part VB applies. The tool does not. The tool records that Part VB does not apply to those awards. It does not delete a head because an Act of another state would delete it.
Where Transport Accident Act section 93 applies, subsection (10) excludes from damages the first 18 months of pecuniary loss on an award under subsection (7), loss from costs or expenses of a kind in section 60, professional administration costs of a kind in section 62A, and the value of unpaid domestic or nursing and attendance services as the subsection states. Subsections (11) and (11A) reduce damages by the compensation they name. They are reductions and exclusions, not a list of abolished common-law heads. Subsection (7) says damages of any kind cannot be recovered in proceedings in accordance with subsections (2), (3) and (4) other than the pecuniary-loss damages and the pain-and-suffering damages that subsection describes. The opened text of subsection (7) prints $30,520, $686,840 and $305,250, and subsection (9) prints $500,000. No variation provision was opened, so those are the figures that text states. Subsection (12A) says damages awarded under subsection (8) for a death must not include damages for services in the nature of housekeeping or the care of a child which would have been provided by the deceased. Workplace Injury Rehabilitation and Compensation Act 2013 section 343(1) reduces a judgment, order for damages, settlement or compromise in proceedings referred to in section 326. For pecuniary loss, the reduction is compensation paid otherwise than under Division 5 or Division 7 of Part 5, or to the extent Transport Accident Act section 93(10)(a) applies, except compensation paid for the 18 months after the relevant transport accident. For non-pecuniary loss, it is compensation paid under Division 5 of Part 5 or Accident Compensation Act sections 98C or 98E. Subsection (2) requires that reduction of a judgment to be made before any reduction under Wrongs Act section 26(1).