Policy · Personal Injury & Compensation

Limitation and notice diary procedure

Firm procedure for recording limitation and pre-action notice dates on a plaintiff injury file. The tool sets out each date from a fact and a provision the lawyer has named, and it does not choose the date that controls.

Kind
Policy. A policy or procedure for a firm or client.
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 18 authorities it cites, for Victoria, Queensland and New South Wales.
Version
1
Source
Written for this library

When to use it

Use when a plaintiff firm opens or reviews an injury or death claim in Victoria, Queensland or New South Wales and needs one diary for limitation periods and scheme notices. Use it with the lawyer's own calculation of the controlling date. It is not a notice of claim and it is not a form.

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

The tool may set out a diary table from facts and from provisions the lawyer has named, and a lawyer checks every date and decides which date controls.

AI may

  • Lay out one row for each fact and each provision the lawyer has named, with the count shown
  • List facts on the file that have no provision against them yet
  • Show where two named provisions produce two different dates
  • Flag a downloaded form that contains a statutory declaration, and leave that part blank

AI must not

  • Must not choose the scheme, the provision, the trigger date, or the date that controls
  • Must not treat a passed date as final, or write a reasonable excuse
  • Must not write any answer in a statutory declaration or other sworn part of a notice or claim form
  • Must not copy a time limit from an older scheme guide, or from a page that describes a different Act

The lawyer checks

  • The controlling date is marked by the lawyer, with the provision and the fact it was counted from
  • Each exclusion, late-notice limb and regulation that can change a period has been read in the current text
  • Victorian Part IIA dates are used only where Part IIA applies, and transport and work damages dates are taken from the provisions that actually govern them

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

Authorities

Read the full text

More in Personal Injury & Compensation

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