---
title: "Diary the six-year Victorian contract limit if AFCA cannot hear the disability complaint"
url: "https://ailawframework.com/practice/superannuation/check-the-time-limits-for-a-complaint-about-a-superannuation-disability/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A27-TP20261023-5-VIC"
practice_area: "Superannuation"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Diary the six-year Victorian contract limit if AFCA cannot hear the disability complaint

> 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).…

Canonical page: https://ailawframework.com/practice/superannuation/check-the-time-limits-for-a-complaint-about-a-superannuation-disability/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Superannuation](https://ailawframework.com/practice/superannuation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | Victoria |
| Applies to | [Check the time limits for a complaint about a superannuation disability benefit](https://ailawframework.com/practice/superannuation/check-the-time-limits-for-a-complaint-about-a-superannuation-disability.md) |

## Checking plan

**Verify against sources**

The lawyer checks that a contract claim would still be in time if AFCA cannot extend the disability limits.

- What the AI does: 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 does: Decide whether the claim is in contract, fix the accrual date, and do not treat the AFCA disability limits as extendable.
- 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. 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.
2. Do not state what subsections (1AAA), (1AA) and (1A) contain. Read them before issuing.
3. 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.
4. The lawyer fixes the accrual date from the policy and the original decision.

## Notes

- 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.

## Practical guide

Jurisdiction: A Victorian court, if a superannuation disability complaint cannot be determined by AFCA

**Deliverable**: A diary of the state contract period beside the AFCA deadline, with the accrual date left for the lawyer.

**Inputs**

- AFCA deadline already calculated from the decision letters
- Policy and the proposed cause of action
- Date the lawyer treats as accrual

**Example**: 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 escalate when**

- Subsections (1AAA), (1AA) or (1A) have not been read.
- The lawyer has not confirmed that the claim is founded on simple contract.

Checked 2026-10-23.

## Sources

- [Limitation of Actions Act 1958 (Vic) s 5](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s5.html) (checked 2026-10-23)
- [AFCA Complaint Resolution Scheme Rules, 8 October 2026](https://www.afca.org.au/media/2430/download) (checked 2026-10-23)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 9](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244#sec.9) (checked 2026-10-23)
- [Office of the Australian Information Commissioner: Australian Privacy Principles](https://www.oaic.gov.au/privacy/australian-privacy-principles/read-the-australian-privacy-principles) (checked 2026-10-23)
- [Office of the Australian Information Commissioner: notifiable data breaches](https://www.oaic.gov.au/privacy/notifiable-data-breaches) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Covering letter for an AFCA complaint about insurance held in superannuation](https://ailawframework.com/precedents/superannuation/afca-super-complaint-covering-letter.md) | Letter | 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.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*