Memo · Personal Injury & Compensation

Mediation position paper in a personal injury claim

A working outline for the plaintiff's mediation position paper in a personal injury claim. It is not a prescribed form, and it is not the joint memorandum filed later in the Supreme Court of Victoria.

Kind: Memo. An internal or advice memo.
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 5 authorities it cites, for Victoria, Queensland and New South Wales.
Version: 1
Source: Written for this library

When to use it

Use when the plaintiff is preparing a position paper for a mediation in a Victorian, Queensland or New South Wales personal injury claim. The lawyer settles every figure from the client's instructions and the damages schedule. In the Supreme Court of Victoria, mediation is expected about two to three months before trial.

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 organise the schedule and the issues into this working outline, and the lawyer settles every figure and every statement before the paper is sent.

AI may

Arrange the approved headings and paste figures only from the damages schedule or the client's written instructions
List the issues that are agreed and the issues that remain, from the pleadings and the particulars
Keep offers and without-prejudice letters out of the copy that would go to a judge
Flag health-record passages so they stay in the firm's controlled tool

AI must not

Must not invent an injury, a date, a wage, a head of damage or a concession
Must not present this outline as a form required by a practice note
Must not draft the joint memorandum or the key documents file that Practice Note SC CL 3 says the parties file
Must not put health records, suppressed material or material produced on subpoena into a public AI tool
Must not draft the Queensland mandatory final offer inside this paper

The lawyer checks

Every figure matches the schedule the lawyer is using, and the client has approved the settlement position
The paper does not give away a fact the lawyer has decided to keep for trial
In the Supreme Court of Victoria, the lists covered by SC CL 3 are the Personal Injuries List, the Institutional Liability List and the Dust Diseases List. The note commenced on 1 July 2026 and was reissued on 24 June 2026
SC CL 3 does not prescribe the contents of a position paper. Paragraph 6.1 expects a mediation about two to three months before trial. Paragraph 10.5 is the later joint memorandum, which is a different document
For a Supreme Court of Victoria transport accident claim of the kind in paragraph 3.4, the court expects the parties to have tried the Transport Accident Act Common Law Protocols. The protocols themselves were not opened
A Queensland compulsory conference under s 36, and the mandatory final offers under s 39, are pre-court steps. This paper does not replace them
The County Court of Victoria common law practice note was not opened. No New South Wales practice note prescribing a position paper was opened
If the paper is later used for a document filed in the Supreme Court of Victoria, SC GEN 25 requires the user to be able to identify portions produced with AI and to explain how they were verified

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

Authorities

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