Test safety-defect defences in a Victorian Supreme Court proceeding
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the material against each paragraph of s 142. If a submission will be filed in the Supreme Court of Victoria, flag Practice Note SC GEN 25 for verification. Do not say a defence is made out.
- What the lawyer must review
- Decide which s 142 defences are open and who must establish them.
- If the defence is a Commonwealth mandatory standard, check that s 148 notice to the Commonwealth is diarised.
- Check a Victorian mandatory standard under s 142. Section 148 does not make Victoria a defendant.
- Verify any submission under SC GEN 25. One AI tool cannot verify another.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Supreme Court of Victoria, if the defence is addressed there
Produce. A defence table, with a flag if s 148 notice is required and if a Supreme Court submission will be filed.
Have ready. Defence documents selected by the lawyer; The mandatory standard relied on, if any.
Example of the limit. Illustrative example: The defendant pleads compliance with a Victorian standard. The lawyer records s 142(b) and does not treat s 148 as joining Victoria. A Commonwealth standard would be different.
Stop and hand it back when
- Section 148 is used for a state standard.
- A citation in a Supreme Court submission is verified only by another AI tool.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the material against each paragraph of s 142. If a submission will be filed in the Supreme Court of Victoria, flag Practice Note SC GEN 25 for verification. Do not say a defence is made out. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Keep s 142(a) at supply by the actual manufacturer, or at generation for electricity.
- Limit s 142(d) to a component defect attributable only to the other goods' design, markings or instructions.
- Do not treat a later safer product as itself proving a safety defect. That limit is s 9(3). It does not answer s 142(c).
- Name the lawyer who verifies any Supreme Court submission.
Sources
- Australian Consumer Law, ss 142 and 148 · 2026-10-23
- Supreme Court of Victoria, Practice Note SC GEN 25 · 2026-10-23
If the work reaches the Supreme Court of Victoria, Practice Note SC GEN 25 requires the lawyer to verify output. Do not put health records into a public AI tool. One AI tool cannot verify another.