Memo · Personal Injury & Compensation

Conference paper and offer under the TAC Common Law Protocol 2026

The client's paper and written offer for a serious injury conference or a common law damages conference under the TAC Common Law Protocol 2026. It applies to applications made on or after 30 March 2026.

Kind: Memo. An internal or advice memo.
Where it applies: Victoria
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 authority it cites, for Victoria.
Version: 1
Source: Written for this library

When to use it

Use when a Victorian transport accident client is preparing for a serious injury conference or a common law conference under the TAC Common Law Protocol 2026. The client approves any offer. Delete the conference that is not being held. This is not the serious injury application and not the common law application 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 assemble the conference paper from the documents the lawyer selects, and the lawyer fixes any offer and the pecuniary-loss figures before the paper is sent to the TAC.

AI may

Fill the accident, the injuries and the issues from the material the lawyer has selected
Flag a pecuniary-loss claim above $200,000 that does not have particulars ready at least 7 days before the common law conference
Keep the without-prejudice marking on the discussion and on any offer
Delete the serious injury part or the common law part if that conference is not being held

AI must not

Must not choose or change the offer or any figure
Must not draft the written certification that the conference ended without resolution, unless the lawyer is settling that certificate after the conference
Must not state a costs scale from chapter 19. That chapter was not opened
Must not use this paper for an application lodged before 30 March 2026 under chapters 3, 5 or 16

The lawyer checks

The protocol applies to applications made on or after 30 March 2026 for the section 93 and section 94 procedures it lists. Earlier chapter 3, 5 and 16 applications follow the 2016 instruments
A serious injury conference is to resolve the serious injury question. The client attends. It is without prejudice. It should occur within 60 days of a request, and the client's lawyer arranges it
A common law conference is required before proceedings where clause 11.1 applies. The client, the lawyer and a TAC representative with financial delegation attend
Where pecuniary loss greater than $200,000 is claimed, particulars go to the TAC at least 7 days before the conference, and also under clause 12.2.4. They are without prejudice and are not put on an ambit basis
If the conference does not resolve the claim, clause 13.6 requires a written certification. It may record agreed issues and must not be unreasonably withheld. This paper is not that certificate
Anything said or done at the common law conference is not later disclosed unless the client's lawyer and the TAC agree, or the law requires it
Clause 13.8 is the TAC's later Calderbank offer, and the TAC reserves it except where the client needs a litigation guardian or administrator. It is not this offer
Where a defendant is not indemnified by the TAC, or there are multiple defendants, clauses 2.6 and 2.7 were read. Chapter 19 costs were not opened
A child or a person under a disability: at a serious injury conference the guardian or administrator may elect whether to take part. Court approval of a compromise was not opened in this protocol

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

Authorities

Transport Accident Commission, Common Law Protocol 2026, in effect 30 March 2026, clauses 2.1, 2.6 to 2.10, 8.1 to 8.11, 11.1, 12.1 to 12.4 and 13.1 to 13.9 (serious injury conference and common law damages conference)

Read the full text

The full text is available after you log in. It is free. When you log in you can:

read the whole precedent, with its drafting notes beside it;
copy it, or download it as a Word file or Markdown;
add it to your firm’s knowledge base, so colleagues can find it;
let the AI tools you connect read it from that knowledge base.

The summary, the law it rests on and the AI-use guidance above stay public. Privacy.

More in Personal Injury & Compensation

All precedents for Personal Injury & Compensation · Tasks and AI use in this area