Checklist · Personal Injury & Compensation

Checklist for setting aside an earlier settlement of a child-abuse claim

A lawyer's list of the statutory grounds for asking a court to set aside an earlier settlement of a child-abuse claim in Victoria, Queensland and New South Wales. It is an issues list, not evidence.

Kind: Checklist. Steps or checks to work through and tick off.
Where it applies: Victoria, Queensland, New South Wales
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the 8 authorities it cites, for Victoria, Queensland and New South Wales.
Version: 1
Source: Written for this library

When to use it

Use when a client settled a claim for abuse suffered as a child and now asks whether that settlement can be set aside. Work through the State's definition before any application is drafted. This list is not filed and it is not sworn.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may fill this issues list from the deed and the instructions; the lawyer decides whether any statutory gateway is met and what evidence would be required, and the tool writes no affidavit or originating process.

AI may

Record the date of the settlement, the parties, the consideration and any judgment, in each case from the deed or order the lawyer has opened
Mark which limb of the State's definition the documents appear to meet, and which facts are still missing
List the section 7D(3) matters, or the just-and-reasonable question, as questions for the lawyer rather than as answers

AI must not

Must not write an affidavit, a witness statement, a statutory declaration, or the text of an originating process or application
Must not treat a low settlement figure, or the bare existence of a limitation problem, as enough to set the agreement aside
Must not state a calendar date for the commencement of Queensland section 11A, New South Wales section 6A, or New South Wales Part 1B
Must not apply this list to a National Redress deed in Victoria, where section 27QA(3) excludes it

The lawyer checks

The cause of action is one to which the State's child-abuse limitation provision applies, and the settlement falls inside that State's definition of a previous settlement
In Victoria, both limbs of the section 27OA definition are considered, and the lawyer confirms whether the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026 has commenced
In New South Wales, the agreement is tested against section 7C in the statute's own words, and the facts relevant to each section 7D(3) matter can be proved
In Queensland, the settlement was before the commencement of section 11A and after a limitation period had expired, and the lawyer confirms that commencement date from the Act
Any National Redress acceptance is identified. The client is not advised to accept redress by this list
The deed and the client's account stay in a firm-approved tool. The lawyer applies Australian Solicitors' Conduct Rules rule 9 and Australian Privacy Principle 11, and considers whether any breach is notifiable under the Privacy Act 1988 (Cth)

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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