---
title: "Checklist for setting aside an earlier settlement of a child-abuse claim"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/checklist-set-aside-child-abuse-settlement"
type: "precedent"
site: "AI Law Framework"
id: "a21-checklist-set-aside-child-abuse-settlement"
area_id: "A21"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A21-AB20261023-2", "A21-T1-R1", "A21-T1-R10", "A62-V20261018-9"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/checklist-set-aside-child-abuse-settlement  
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: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: 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 8 authorities it cites, for Victoria, Queensland and New South Wales.

## 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

- [Assemble the facts for an application to set aside an earlier settlement](https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement.md)
- [Calculate limitation and pre-action notice deadlines from the injury facts](https://ailawframework.com/practice/personal-injury-and-compensation/calculate-limitation-and-pre-action-notice-deadlines-from-the-injury-fac.md)
- [Draft a settlement advice and conference paper](https://ailawframework.com/practice/personal-injury-and-compensation/draft-a-settlement-advice-and-conference-paper.md)
- [Advise a survivor on a National Redress Scheme offer](https://ailawframework.com/practice/victims-of-crime-support-and-compensation.md#A62-V20261018-9)

## 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)

## Authorities

- [Limitation of Actions Act 1958 (Vic) s 27OA (previously settled cause of action; previously barred cause of action; previous judgment)](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27oa.html)
- [Limitation of Actions Act 1958 (Vic) s 27QA (action on a previously settled cause of action; judgments in the 13 November 2024 window; National Redress deeds excluded)](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27qa.html)
- [Limitation of Actions Act 1958 (Vic) ss 27QD and 27QE (application to set aside; just and reasonable; a court other than the Supreme Court may not set aside another court's judgment)](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27qd.html)
- [Limitation of Actions Act 1958 (Vic) s 27QE (the court may set the agreement aside wholly or in part and may take the consideration and costs into account)](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27qe.html)
- [Civil Liability Act 2002 (NSW) s 7C (meaning of affected agreement, including an agreement before Part 1B that is not just and reasonable in the circumstances)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s7c.html)
- [Civil Liability Act 2002 (NSW) s 7D (the court may set aside an affected agreement if just and reasonable; matters the court may consider; Evidence Act 1995 (Cth) s 131(1))](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s7d.html)
- [Limitation of Actions Act 1974 (Qld) s 48(5A) to (5C) and the definition of previously settled right of action (set aside if just and reasonable; associated agreements void)](https://www5.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s48.html)
- [Department of Social Services, National Redress Guide part 4.8 (the release that follows acceptance of an offer)](https://guides.dss.gov.au/national-redress-guide/4/8)

## 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/personal-injury-and-compensation/checklist-set-aside-child-abuse-settlement 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.*