Apply section 27E where disability takes the birth injury outside section 27D
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the dates the lawyer nominates, set out the section 27D and section 27E periods and the date each would end, and leave a row blank where the file has no date. Do not decide that the claim is in time.
- What the lawyer must review
- The lawyer decides whether section 27E applies, and writes the advice. The tool does not.
- The definition of disability was not opened. Do not assume it from the word minor alone.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
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 birth-injury claim and the limitation periods in sections 27D and 27E.
Produce. A period table. The lawyer writes whether the claim is in time.
Have ready. Date of the act or omission; Date of birth; Any discoverability date the lawyer marks.
Example of the limit. Illustrative example: The date of birth is known and the lawyer has not marked when the injury was known to be serious. The table leaves that row blank and does not say the claim is in time.
Stop and hand it back when
- The tool is asked to decide the claim is in time.
- Disability is assumed without the lawyer marking it.
Sources for this task were checked on 2026-10-23.
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
- If section 27D(2) applies, do not use the 3-year period. Use section 27E.
- Section 27E is the first to expire of 6 years from when the cause of action is discoverable by the plaintiff, and 12 years from the act or omission.
- Discoverability is section 27F: the injury occurred, it was caused by the fault of the defendant, and it was sufficiently serious to justify an action.
- Leave the disability row blank unless the lawyer has marked it. The section that defines disability was not opened.
Sources
- Limitation of Actions Act 1958 (Vic) section 27E · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27D · 2026-10-23
- Limitation of Actions Act 1958 (Vic) section 27F · 2026-10-23
Section 27F(2) says a person ought to know a fact if all reasonable steps before that date would have ascertained it. The tool does not decide that date.
If this is filed in the Supreme Court of Victoria, Practice Note SC Gen 25, issued on 14 May 2026, calls for particular caution with affidavit material and expert reports, and says confidential information should not go into a public AI tool.