---
title: "Work out the limitation period for a dependency claim separately from the surviving claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th"
type: "task"
site: "AI Law Framework"
id: "A21-FM20261023-7"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Work out the limitation period for a dependency claim separately from the surviving claim

> From the dates the lawyer supplies, make two rows for the estate's surviving claim and the dependants' claim, and for each row set out the period stated in the section the lawyer names, the start date that section…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th  
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 | Yellow: Lawyer and AI draft together |
| How AI is used | From the dates the lawyer supplies, make two rows for the estate's surviving claim and the dependants' claim, and for each row set out the period stated in the section the lawyer names, the start date that section uses, and the last day. Do not decide that a claim is in time. |
| What the lawyer must review | You decide which limitation regime applies. The two claims do not share a start date unless the section says so. Take each motor-accident exclusion, disability exception and dust exception from the section you opened. Do not use an extension power until you have opened the section that says when it applies. Family, wage and medical records stay in a firm-controlled tool. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Two limitation clocks**

The tool calculates each clock from the section the lawyer names. The lawyer decides which regime applies and whether an extension is open.

- What the AI does: From the dates the lawyer supplies, make two rows for the estate's surviving claim and the dependants' claim, and for each row set out the period stated in the section the lawyer names, the start date that section uses, and the last day. Do not decide that a claim is in time.
- What the lawyer does: You decide which limitation regime applies. The two claims do not share a start date unless the section says so. A motor-accident exclusion, a disability exception and a dust exception each come from the section you opened. An extension power is not used until you have opened the section that says when it applies. Family, wage and medical records stay in a firm-controlled tool.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Use the date of death for a long-stop only where the section says the long-stop runs from the death.
2. Do not apply the survivor-action discoverability rule to the dependency claim unless the section says that claim is a survivor action.
3. If the division excludes motor-accident claims, take those claims off this table and open the motor-accident provision.
4. Record a dust claim against the dust subsection, which may remove the period only for the right of action that subsection describes.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Sources

- [Limitation of Actions Act 1958 (Vic) s 27D](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27d.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) s 27G](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27g.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) s 27H](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27h.html) (checked 2026-10-23)
- [Limitation of Actions Act 1974 (Qld) s 11](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s11.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW) s 50A](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50a.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW) s 50C](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50c.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW) s 60D](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s60d.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*