---
title: "Set out the Wrongs Act section 59 peer-opinion questions"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-peer-opinion-questions-for-a-professional-s-standard-of-care/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-8-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Set out the Wrongs Act section 59 peer-opinion questions

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-peer-opinion-questions-for-a-professional-s-standard-of-care/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 | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 |
| Written for | Victoria |
| Applies to | [Set out the peer-opinion questions for a professional's standard of care](https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-peer-opinion-questions-for-a-professional-s-standard-of-care.md) |

## Checking plan

**Verify against sources**

The lawyer decides the section 59 questions and writes the advice. The table does not say the opinion is unreasonable or widely accepted.

- What the AI does: 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 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 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.
2. 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.
3. Sections 59(3) and 59(4): differing opinions may all be relied on, and the opinion does not have to be universally accepted.
4. Leave both the 'widely accepted' question and the 'unreasonable' question for the lawyer.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria: a professional negligence claim governed by section 59 of the Wrongs Act 1958

**Deliverable**: A question table. The lawyer writes any advice.

**Inputs**

- The service and the date it was provided
- The peer opinion the lawyer supplies
- Any differing opinion already on the file

**Example**: 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 escalate when**

- The table states a conclusion on whether the opinion is unreasonable.
- The opinion is not tied to the time the service was provided.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) s 59, standard of care for professionals](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s59.html) (checked 2026-10-23)
- [Wrongs Act 1958, in force version 130 (effective 25 February 2026)](https://www.legislation.vic.gov.au/in-force/acts/wrongs-act-1958) (checked 2026-10-23)
- [Supreme Court of Victoria: Practice Note SC GEN 25, use of artificial intelligence by court users](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (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.*