Work out whether a claim for an injury at birth is still within time
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the dates the lawyer nominates, being the date of the act or omission, the date of birth, and any date the lawyer treats as discoverability or as the date the cause of action arose, set out the periods in the sections opened and the date each period would end, and leave a row blank where the file has no date. Do not decide that the claim is in time and do not write the advice.
- What the lawyer must review
- The lawyer decides the date that counts and whether the claim is still in time, and writes the advice.
- Do not use sections 27L, the New South Wales extension division, or Queensland sections 30 and 31. None was opened.
- Health information stays in a firm-controlled tool, not a public one.
- Do not treat a complaint, or a late notice, as moving the limitation date.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Use section 27E, not section 27D, where the person was a minor at the date of the act or omission in Victoria.
- In New South Wales, do not treat a minor with a capable parent or guardian as under a disability. Attribute that parent's or guardian's knowledge under section 50F(3).
- In Queensland, count 3 years from the date the cause of action arose, and if section 29 applies, 3 years from the date the person ceased to be under a disability, not 6 years.
- Do not treat a health complaint, or the first appearance of symptoms in a Queensland notice, as the date the cause of action arose.
Sources
- Limitation of Actions Act 1958 (Vic) s 3(2) · 2026-10-23
- Limitation of Actions Act 1958 (Vic) s 27D · 2026-10-23
- Limitation of Actions Act 1958 (Vic) s 27E · 2026-10-23
- Limitation of Actions Act 1958 (Vic) s 27F · 2026-10-23
- Limitation of Actions Act 1958 (Vic) s 27K · 2026-10-23
- Limitation Act 1969 (NSW) s 50C · 2026-10-23
- Limitation Act 1969 (NSW) s 50D · 2026-10-23
- Limitation Act 1969 (NSW) s 50F · 2026-10-23
- Limitation of Actions Act 1974 (Qld) s 11 · 2026-10-23
- Limitation of Actions Act 1974 (Qld) s 5(2) · 2026-10-23
- Limitation of Actions Act 1974 (Qld) s 29 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) s 9A(11) · 2026-10-23
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.
Health information stays in a firm-controlled tool. Rule 9.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, as described by the Victorian Legal Services Board and Commissioner, and APP 11, apply. The lawyer decides whether any loss is notifiable under the Privacy Act 1988 (Cth).
The lawyer writes the advice. The tool does not.