Set out the Wrongs Act section 59 peer-opinion questions
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the professional service and the peer opinion the lawyer supplies, build a question table under section 59 of the Wrongs Act 1958. Do not decide whether the opinion is widely accepted or unreasonable.
- What the lawyer must review
- Decide whether the section 59 test is met and whether the opinion is unreasonable
- Tie the opinion to the time of the service and to practitioners in Australia
- Write the advice yourself. The table is not the advice
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: a professional negligence claim governed by section 59 of the Wrongs Act 1958
Produce. A question table. The lawyer writes any advice.
Have ready. The service and the date it was provided; The peer opinion the lawyer supplies; Any differing opinion already on the file.
Example of the limit. Illustrative example: The draft says the opinion is unreasonable because another expert disagrees. Section 59(3) says differing opinions do not prevent an opinion being relied on. The lawyer deletes that sentence and decides section 59(2).
Stop and hand it back when
- The table states a conclusion on whether the opinion is unreasonable.
- The opinion is not tied to the time the service was provided.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the professional service and the peer opinion the lawyer supplies, build a question table under section 59 of the Wrongs Act 1958. Do not decide whether the opinion is widely accepted or unreasonable. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Section 59(1): the professional is not negligent if it is established that, at the time the service was provided, the manner was widely accepted in Australia by a significant number of respected practitioners in the field as competent professional practice in the circumstances.
- Section 59(2): peer professional opinion cannot be relied on if the court determines that the opinion is unreasonable. Section 59(5) requires written reasons for that determination, unless a jury determines the matter.
- Sections 59(3) and 59(4): differing opinions may all be relied on, and the opinion does not have to be universally accepted.
- Leave both the 'widely accepted' question and the 'unreasonable' question for the lawyer.
Sources
- Wrongs Act 1958 (Vic) s 59, standard of care for professionals · 2026-10-23
- Wrongs Act 1958, in force version 130 (effective 25 February 2026) · 2026-10-23
- Supreme Court of Victoria: Practice Note SC GEN 25, use of artificial intelligence by court users · 2026-10-23
The Wrongs Act 1958 is in force as version 130, effective 25 February 2026.
An advice or a submission that uses this table is for the lawyer to write. If it is filed, Practice Note SC GEN 25 or the County Court practice note applies.