---
title: "File retention and destruction schedule"
url: "https://ailawframework.com/precedents/confidentiality-and-client-information/firm-file-retention-destruction-schedule"
type: "precedent"
site: "AI Law Framework"
id: "a51-firm-file-retention-destruction-schedule"
area_id: "A51"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A51-MA20261022-13", "A21-ST20261023-10", "A51-MA20261022-9"]
law_stated_as_at: "2026-10-23"
---

# File retention and destruction schedule

> Schedule for keeping, returning or destroying a closed plaintiff injury file, using the client-documents rule opened for New South Wales, Victoria and Queensland, and the separate privacy duty.

Canonical page: https://ailawframework.com/precedents/confidentiality-and-client-information/firm-file-retention-destruction-schedule  
Law stated as at: 2026-10-23

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

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Confidentiality & client information](https://ailawframework.com/precedents/confidentiality-and-client-information.md)
- Jurisdictions: Australia, Victoria, Queensland, New South Wales
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the 5 authorities it cites, for 4 jurisdictions.

## When to use it

Use when a plaintiff injury file is completed or the retainer ends, and again before any client document is destroyed. It does not replace the matter closure checklist. The lawyer marks every keep, return or destroy decision.

## Used for these tasks

- [Check whether client personal information must be destroyed or de-identified](https://ailawframework.com/obligations/confidentiality-and-client-information.md#A51-MA20261022-13)
- [Close the personal injury file and decide what is returned, kept or destroyed](https://ailawframework.com/practice/personal-injury-and-compensation/close-the-personal-injury-file-and-decide-what-is-returned-kept-or-destr.md)
- [Give the client their documents on request when the engagement ends unless an effective lien applies](https://ailawframework.com/obligations/confidentiality-and-client-information/give-the-client-their-documents-on-request-when-the-engagement-ends-unle.md)

## How AI may be used

The tool can lay out one row per closed file and repeat the rule that was opened for that state. The lawyer enters the dates, any instruction or legal obligation to keep the file, and the decision.

**AI may:**

- Create a row from the matter number and the state the lawyer has named
- Repeat rule 14.2 as a permission to destroy after seven years, with the exceptions
- Keep APP 11.2 on its own row, separate from rule 14.2

**AI must not:**

- Must not mark a file for destruction
- Must not treat seven years as a duty to keep the file, or as a date that is always long enough
- Must not add a health-records retention period, a trust-records period, or a period from an unopened section
- Must not use the commentary sentence that says the rule requires documents to be kept for seven years

**The lawyer checks:**

- The completion or termination date is taken from the file, and the seven years are counted from that date only as the earliest day destruction is permitted
- Client instructions and any other legal obligation to keep the documents are recorded before a destroy mark
- APP 11.2 is considered on its own, including whether the information is still needed

## Authorities

- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) rr 14.1 and 14.2, in-force text](https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2015-0244)
- [Queensland Law Society, Relations with clients, rules 14.1 and 14.2 as set out on that page](https://www.qls.com.au/practising-law-in-qld/ethics/australian-solicitors-conduct-rules/relations-with-clients)
- [Victorian Legal Services Board and Commissioner, Going digital: record keeping guidance](https://lsbc.vic.gov.au/lawyers/practising-law/running-law-practice/going-digital-record-keeping-guidance)
- [OAIC, APP 11: security of personal information](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-11-app-11-security-of-personal-information)
- [Legal Practitioners' Liability Committee, When seven years isn't long enough](https://lplc.com.au/resources/lplc-article/when-seven-years-isnt-long-enough)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/confidentiality-and-client-information/firm-file-retention-destruction-schedule and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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