Separate Victorian significant-injury damages from the safety-defect regime
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the heads of loss and the tests the lawyer names. Keep Part VIB on the Part 3-5 claim. Put Wrongs Act s 28LE only on a fault claim. Do not write the advice or state a dollar cap.
- What the lawyer must review
- Write the advice. Part VIB applies to the Part 3-5 claim through s 87E, in this court or the Federal Court.
- Use s 28LE only where the injury was caused by fault. Significant injury uses the s 28LB threshold level.
- Do not use s 275 or s 137C as the Part 3-5 cap. Use the indexed s 87M amount, not the printed commencement-year figure.
- Keep health records in a firm-controlled tool.
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, for a fault count beside a Part 3-5 claim
Produce. The lawyer's note of which Victorian threshold applies, and which Commonwealth rules apply to the safety-defect claim.
Have ready. The causes of action pleaded; The injury summary accepted by the lawyer.
Example of the limit. Illustrative example: The pleading alleges fault and a safety defect. The lawyer applies s 28LE to the fault count only, and Part VIB to the Part 3-5 count. The tool does not pick the larger figure.
Stop and hand it back when
- A state threshold is applied to the Part 3-5 claim.
- A stale dollar cap is written into the advice.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. List the heads of loss and the tests the lawyer names. Keep Part VIB on the Part 3-5 claim. Put Wrongs Act s 28LE only on a fault claim. Do not write the advice or state a dollar cap. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm s 87S: no non-economic loss below 15 per cent of a most extreme case, on the Part 3-5 claim.
- Do not state a current dollar maximum. Section 87M prints $250,000 only for the commencement year.
- Threshold level is more than 5 per cent, 10 per cent or more for psychiatric injury, and 5 per cent or more for spinal injury.
- Do not describe s 28LF(2). That subsection was not read to the end.
Sources
- Wrongs Act 1958 (Vic), s 28LE and s 28LB · 2026-10-23
- Competition and Consumer Act 2010 (Cth), s 87E and s 87S · 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.
The Part VIB band between 15 per cent and 33 per cent was not opened, so no percentage is stated for a loss in that band.