Diary the six-year Victorian contract limit if AFCA cannot hear the disability complaint
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the decision dates the lawyer marks, set out section 5(1)(a) of the Limitation of Actions Act 1958 (Vic) beside the AFCA deadline. It is subject to subsections (1AAA), (1AA) and (1A). The tool does not describe those subsections or choose the accrual date.
- What the lawyer must review
- Confirm the claim would be framed on simple contract, including contract implied in law.
- Diary six years from accrual only after subsections (1AAA), (1AA) and (1A) are read.
- Do not treat the AFCA disability limits in rules B.4.1.1 to B.4.1.4 as extendable.
- Keep the decision letters in the firm's tool.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A Victorian court, if a superannuation disability complaint cannot be determined by AFCA
Produce. A diary of the state contract period beside the AFCA deadline, with the accrual date left for the lawyer.
Have ready. AFCA deadline already calculated from the decision letters; Policy and the proposed cause of action; Date the lawyer treats as accrual.
Example of the limit. Illustrative example: The AFCA disability deadline has passed. The tool lists six years from a blank accrual date and names subsections (1AAA), (1AA) and (1A) as unread. The lawyer decides whether the claim is in contract and when it accrued.
Stop and hand it back when
- Subsections (1AAA), (1AA) or (1A) have not been read.
- The lawyer has not confirmed that the claim is founded on simple contract.
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 | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 5(1) opens with six years from the date the cause of action accrued. Section 5(1)(a) is subject to subsections (1AAA), (1AA) and (1A), and covers actions founded on simple contract, including contract implied in law.
- Do not state what subsections (1AAA), (1AA) and (1A) contain. Read them before issuing.
- AFCA rule B.4.4.1: AFCA will not extend the time limits in rules B.4.1.1 to B.4.1.4. That is why a proceeding is considered.
- The lawyer fixes the accrual date from the policy and the original decision.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Covering letter for an AFCA complaint about insurance held in superannuation | Letter | AI use Yellow | A covering letter for a complaint to the Australian Financial Complaints Authority about a disability decision on insurance held in superannuation, made through AFCA's own process. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Limitation of Actions Act 1958 (Vic) s 5 · 2026-10-23
- AFCA Complaint Resolution Scheme Rules, 8 October 2026 · 2026-10-23
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 9 · 2026-10-23
- Office of the Australian Information Commissioner: Australian Privacy Principles · 2026-10-23
- Office of the Australian Information Commissioner: notifiable data breaches · 2026-10-23
The AFCA rules do not change by state. This version is the Victorian contract period used if those rules cannot be extended.
Keep medical and wage records in the firm's tool. Rule 9 of the uniform solicitors' conduct rules and Australian Privacy Principle 11 apply. A loss likely to result in serious harm may be notifiable.