---
title: "Apply section 27E where disability takes the birth injury outside section 27D"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-claim-for-an-injury-at-birth-is-still-within-time/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MN20261023-2-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Apply section 27E where disability takes the birth injury outside section 27D

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-claim-for-an-injury-at-birth-is-still-within-time/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 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). |
| Written for | Victoria |
| Applies to | [Work out whether a claim for an injury at birth is still within time](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-claim-for-an-injury-at-birth-is-still-within-time.md) |

## Checking plan

**Verify against sources**

Section 27D does not apply if the person was under a disability at the date of the act or omission. Section 27E is then the first to expire of 6 years from discoverability and 12 years from the act or omission.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise 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. If section 27D(2) applies, do not use the 3-year period. Use section 27E.
2. 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.
3. 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.
4. Leave the disability row blank unless the lawyer has marked it. The section that defines disability was not opened.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria. A birth-injury claim and the limitation periods in sections 27D and 27E.

**Deliverable**: A period table. The lawyer writes whether the claim is in time.

**Inputs**

- Date of the act or omission
- Date of birth
- Any discoverability date the lawyer marks

**Example**: 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 escalate when**

- The tool is asked to decide the claim is in time.
- Disability is assumed without the lawyer marking it.

Checked 2026-10-23.

## Sources

- [Limitation of Actions Act 1958 (Vic) section 27E](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27e.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) section 27D](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27d.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) section 27F](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27f.html) (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.*