Letter · Personal Injury & Compensation

Response to a request for particulars in a personal injury proceeding

A letter answering a request for particulars of a personal injury pleading, with the Victorian bodily-injury items and the different filing rules in Queensland and New South Wales.

Kind: Letter. A letter or email you adapt and send.
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 the other party has asked for particulars of the plaintiff's personal injury pleading. The lawyer settles every answer before the letter is sent. In Queensland a copy of further particulars is filed. In the Supreme Court of Victoria a request is made by letter before an application.

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 line each request up against the pleading and the chronology, and the lawyer settles every answer before the letter is sent or a copy is filed.

AI may

Set the requests out in the same order and number them against the pleading paragraph
Draft an answer only from the pleading, the particulars already served, the chronology or the client's written instructions
Mark an answer that is not yet known as "[NOT PRESENTLY KNOWN, WITH A STATEMENT OF WHAT IS BEING DONE TO FIND IT]" for the lawyer to settle
In Victoria, check a bodily-injury pleading against the four items in r 13.10(4) and list any item that is missing

AI must not

Must not invent a date, an employer, a wage, a symptom or a document
Must not refuse a request, or make an admission, unless the lawyer has directed that answer
Must not file the Queensland copy until the lawyer has settled every answer
Must not say that New South Wales requires a letter before an application. No letter-first rule was opened in the New South Wales rules
Must not treat County Court r 13.11 as read. Only County Court r 13.10 was opened

The lawyer checks

Each answer is consistent with the pleading and with the evidence the plaintiff will call
Victoria, Supreme Court and County Court r 13.10(4): a bodily-injury pleading states the earnings lost, with dates and amounts; the loss of earning capacity; the date of birth; and each employer from the day 12 months before the injury, with the start, the duration and the total net amount after tax
Victoria r 13.10(6): particulars of debt, damages or expenses which exceed three folios are in a separate document referred to in the pleading
Supreme Court r 13.11(3): the Court may refuse an order if the party did not first apply by letter. The Court shall not order particulars before the defence unless the order is necessary or desirable to enable the defendant to plead, or for some other special reason
Queensland: further particulars may be given by correspondence, and the party giving them must file a copy (r 160(2) and (3)). An application for particulars does not extend the time for pleading (r 161(3)). Particulars given under an order must repeat the relevant part of the order so they are self-explanatory (r 161(4))
Queensland r 157(c) refers to r 150. Rule 150 was not opened
New South Wales r 15.1 requires the particulars necessary to enable the opposite party to identify the case. Rule 15.10 lets the court order that particulars be filed. No rule requiring a letter before that application was opened
Health information in the answers stays in the firm's file. The lawyer checks confidentiality before the letter is sent and before any copy is filed

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

Authorities

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