Legal\106186761.6 1 TABLE OF LIMITATION DATES APPLICABLE IN VICTORIA 1 (CURRENT AS AT MARCH 2008) 1 Published by Advocacy & Rights Centre Ltd, 29 Queen Street, Bendigo, Victoria. The Loddon Campaspe Community Legal Centre is a program of the Advocacy & Rights Centre Ltd. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Clayton Utz Lawyers in the preparation of certain sections of this resource. Clayton Utz does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Arnold Dallas McPherson Lawyers in the preparation of certain sections of this resource. Arnold Dallas McPherson does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Advocacy & Rights Centre Ltd does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on its accuracy.
Transcript
Legal\106186761.6 1
TABLE OF LIMITATION DATES APPLICABLE IN VICTORIA1
(CURRENT AS AT MARCH 2008)
1 Published by Advocacy & Rights Centre Ltd, 29 Queen Street, Bendigo, Victoria. The Loddon Campaspe Community Legal Centre is a program of the Advocacy &
Rights Centre Ltd. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Clayton Utz Lawyers in the preparation of certain sections of this resource. Clayton Utz does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Arnold Dallas McPherson Lawyers in the preparation of certain sections of this resource. Arnold Dallas McPherson does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Advocacy & Rights Centre Ltd does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on its accuracy.
Legal\106186761.6 2
TABLE OF LIMITATION DATES APPLICABLE IN VICTORIA2
(CURRENT AS AT MARCH 2008)
PLEASE NOTE:
This table does not constitute legal advice and has been prepared as a guide only. It is a table of the relevant provisions from the relevant legislation. It is non-exhaustive and not comprehensive and does not cover relevant case law.
Advising clients on time limits is absolutely crucial. Failure to properly advise clients of limitation dates may give rise to liability in negligence.
This table is not an exhaustive list of all relevant limitation periods (nor those provisions that may be used in order to seek an extension of a particular limitation period) in the State of Victoria. If in doubt as to the limitation period for a particular cause of action, consult the Limitation of Actions Act 1958 (Vic) and/or any relevant governing legislation and case law.
The time when a particular cause of action "accrues" will often impact on the date on which a limitation period concludes. Exactly when a cause of action accrues however, will differ in relation to each and every claim. For example, for breach of contract, the cause of action generally accrues from the date on which the breach occurs and for actions in tort, the cause of action generally accrues from the date on which the loss is suffered. If in doubt as to when a cause of action accrues, guidance should be sought from any relevant case law and/or legislation governing the particular claim.
PLEASE ENSURE:
All clients are advised of any relevant time limits.
The advice given in relation to time limits is recorded in file notes and the CLSIS statistics sheet.
2 Published by Advocacy & Rights Centre Ltd, 29 Queen Street, Bendigo, Victoria. The Loddon Campaspe Community Legal Centre is a program of the Advocacy &
Rights Centre Ltd. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Clayton Utz Lawyers in the preparation of certain sections of this resource. Clayton Utz does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Arnold Dallas McPherson Lawyers in the preparation of certain sections of this resource. Arnold Dallas McPherson does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Advocacy & Rights Centre Ltd does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on its accuracy.
This includes breaches of contracts implied in law.
The 6 year period is from the time that the cause of action accrued.
An extension of time may be granted, in the case of fraud or mistake, in accordance with s 27, or disability, in accordance with s 23 of the Limitation of Actions Act 1958 (Vic).
Limitation of Actions Act 1958 (Vic) s 5(1)(a)
15 years An action upon a bond or any other specialty (such as a deed) shall not be brought after the expiration of 15 years from the date on which the cause of action accrued, provided that this shall not affect any action for which a shorter period of limitation is prescribed by any other provision of the Limitation of Actions Act 1958 (Vic).
Limitation of Actions Act 1958 (Vic) s 5(3)
2. Discrimination and Equal Opportunity
Discrimination claims (Commonwealth jurisdiction)
12 months but note comments
This includes claims made under the Age Discrimination Act 2004 (Cth), Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth) and Disability Discrimination Act 1992 (Cth).
The President of the Human Rights and Equal
Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 3 and 46PH(1)(b)
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Opportunity Commission may terminate a complaint if the complaint was lodged more than 12 months after the alleged unlawful discrimination took place.
Discrimination claims (State jurisdiction)
12 months but note comments
The Equal Opportunity Commission may decline to entertain a complaint if it relates to an alleged contravention of the Equal Opportunity Act 1995 (Vic) that took place more than 12 months before the complaint was lodged.
Equal Opportunity Act 1995 (Vic) s 108(1)(c)
3. Infringement Notices
Issue of an infringement warrant 28 days An infringements registrar must issue an infringement warrant against a person to whom an enforcement order notice is sent if the person, for a period of more than 28 days, defaults in the payment of the outstanding amount of a fine or payment order.
Infringements Act 2006 (Vic) s 80(1)
Execution of infringement warrant 7 days No steps can be taken to formally execute an infringement warrant, unless the person in respect of whom the infringement warrant has been issued is also given a seven day notice, warning of each of the enforcement mechanisms available under s 82 of the Infringements Act 2006 (Vic) if, within 7 days of the seven day notice being served, they do not:
apply for the revocation of the enforcement order.
4. Motor Vehicle
Compensation following a motor vehicle accident
12 months The 12 month period for compensation claims is from the date that the accident or subsequent death occurred.
If the injury did not manifest itself at the time of the accident, the 12 month period commences from the date that the injury first became apparent.
If the injured person is a minor at time of accident, that person, or a person on their behalf has 12 months from the person attaining 18 years of age within which to make a claim.
An extension of time may be granted in accordance with s 68(2) of the Transport Accident Act 1986 (Vic).
Transport Accident Act 1986 (Vic) ss 68(1) and (3)
Time for reporting a transport accident to the Commission
28 days An accident must be reported to Transport Accident Commission ("TAC") within 28 days of receiving a notice of request to make such a report from the TAC.
Transport Accident Act 1986 (Vic) s 64(1) and (3)
Review of a decision of the Transport 12 months A person whose interests are affected by a decision of the TAC may, within 12 months of
Accident Commission becoming aware of the decision, apply to VCAT for review. This is a strict time limit and cannot be extended.
1986 (Vic) s 77
5. Property and Maintenance
Actions for negligence in relation to property damage
6 years The 6 year period is from the time that the cause of action accrued.
If the claim is for a debt or other liquidated claim, time may be extended by acknowledgement or part payment in accordance with ss 24-26 of the Limitation of Actions Act 1958 (Vic).
Limitation of Actions Act 1958 (Vic) s 5(1)(a)
Action to recover land (adverse possession)
15 years The 15 year period is from the time that the cause of action accrued. A cause of action does not accrue however, until the land is in the adverse possession of some person, in whose favour the period of limitation can run. Time may be extended by acknowledgement or part payment in accordance with ss 24-26 of the Limitation of Actions Act 1958 (Vic).
Limitation of Actions Act 1958 (Vic) ss 8 and 14
Property and maintenance claims - married parties (including bankruptcy trustees)
12 months The 12 month period commences from the date that a divorce order takes effect or the date that a decree of nullity of marriage has been made. An extension of time may be granted with leave of the Court.
Property claims - de facto relationships (domestic partners)
2 years The 2 year period commences from the date that the relationship ended. An extension of time may be granted in accordance with s 282(2) of the Property Law Act 1958 (Vic).
Property Law Act 1958 (Vic) s 282(1)
6. Child Maintenance and Child Support
Childbirth Maintenance 12 months from the date of birth
The cause of action is restricted women who are not married to the fathers of their children.
Family Law Act 1975 (Cth) ss 67B & G.
7. Testamentary
Challenges to the distribution of property under the will of a deceased person
6 months The 6 month period commences following the grant of probate of the will or letters of administration but is suspended if someone challenges the distribution under Part V of the Administration and Probate Act 1958 (Vic).
The court may give an extension of time so long as the estate has not been completely distributed.
Administration and Probate Act 1958 (Vic) s 99
Removal of an executor or administrator
None Application to the Supreme Court may be made if the executor or administrator:
(a) remains out of Victoria for more than two years;
(b) wants to be discharged from the office; or
Administration and Probate Act 1958 (Vic) s 34(1)
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(c) refuses or is unfit to act or is incapable of acting.
8. Tort
General tortious claims
6 years The 6 year period is from the date on which the cause of action accrued.
This includes actions commenced for breach of a statutory duty.
Limitation of Actions Act 1958 (Vic) s 5(1)(a)
Claims in tort for pure economic loss 6 years The 6 year period is from the date on which the cause of action accrued.
Limitation of Actions Act 1958 (Vic) s 5(1)(a)
Death or personal injury - causes of action where the act or omission alleged to have resulted in the death or personal injury with which the action is concerned occurred on or after 21 May 2003 (and as from 1 October 2003, all causes of action, no matter when the act or omission occurred, unless proceedings had already been commenced prior to this date)
Various (see next column)
The limitation period is either:
(a) 12 years from the date of the act or omission which is alleged to have resulted in the death or injury with which the action is concerned; or
(b) 3 years from the date on
which the cause of action was discoverable in accordance with s 27F of the Limitations of Actions Act 1958 (Vic),
whichever expires first, regardless of whether the action for damages is founded in tort, in
Limitation of Actions Act 1958 (Vic) ss 5(1AA), 27B, 27D and 27N
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contract, under statute or otherwise. An extension of time may be granted in accordance with s 27K of the Limitation of Actions Act 1958 (Vic).
Sections 27B and 27D of the Limitation of Actions Act 1958 (Vic) however, do not apply to any of the following:
(a) actions for damages to which Part IV of the Accident Compensation Act 1985 (Vic) applies;
(b) actions for damages in respect of an injury which entitles, or may entitle, a worker within the meaning of the Workers Compensation Act 1958 (Vic) to compensation under that Act;
(c) actions for damages to which Part 6 or Part 10 of the Transport Accident Act 1986 (Vic) applies;
(d) actions for damages in respect of an injury that is a dust-related condition within the meaning of the Administration and Probate Act 1958 (Vic); or
an injury resulting from smoking or other use of tobacco products (within the meaning of the Tobacco Act 1987 (Vic)) or exposure to tobacco smoke.
Personal injury - causes of action where the act or omission alleged to have resulted in the death or personal injury with which the action is concerned occurred before 21 May 2003, for which proceedings had already been commenced prior to 1 October 2003
6 years The 6 year period is from the date on which the cause of action accrued.
An extension of time may be granted in accordance with s 23A of the Limitation of Actions Act 1958 (Vic).
Note that this section may no longer be relevant.
Limitation of Actions Act 1958 (Vic) s 5(1)(a)
Compensation for wrongful death - causes of action accruing between 11 May 1977 and 20 May 2003
6 years The 6 year period is from the date of death, or where the injury causing death consisted of a disease or disorder contracted by a person and that person did not know before they died that they had suffered the injury and the injury was caused by the act or omission of some other person, 6 years after first discovering the disease or disorder.
Wrongs Act 1958 (Vic) s 20(1)
Personal injury consisting of a disease or disorder
3 years The 3 year period is from the date the person first knows that they have suffered personal injuries and that those injuries were caused by the act or omission of some person.
An extension of time may be granted in accordance with s 27K of the Limitation of Actions
Consumer disputes commenced under the Fair Trading Act 1999 (Vic)
6 years The 6 year period applies to all actions for damages for the contravention of a provision of the Act and commences from the date on which the cause of action accrued.
Fair Trading Act 1999 (Vic) s 159(3)
Disputes arising in relation to the purchase of motor vehicles from a Motor Car Trader
3 months The 3 month period within which a purchaser may apply to the Magistrates' Court commences from the date that the sale agreement was entered into. If a purchaser has notified the motor car trader of their complaint not later than 3 months after the agreement is entered into however, they may still apply to the Magistrates' Court for the rescission of the agreement on the ground of their complaint, but not later than 1 month after that notification. "Motor Car Trader" is defined in s 7A of the Motor Car Traders Act 1986 (Vic) as any person who buys, sells or exchanges four or more motor cars (or who offers to do so), either as a principal or agent, over a period of 12 months. There are a number of exceptions however, contained in s 7A of the Motor Car Traders Act 1986 (Vic).
Motor Car Traders Act 1986 (Vic) ss 7A, 45(2) and 45(3)
Actions for s 82 damages and/or s 87 orders pursuant to a contravention of Part IV, IVA, IVB or V of the Trade Practices Act 1974 (Cth)
6 years Includes claims made in relation to misleading or deceptive conduct, unconscionable conduct, false or misleading representations, product safety and product information, implied undertakings as to quality or fitness for purpose
Trade Practices Act 1974 (Cth), s 82(2), s 87(1A), s87(1CA)
However, section 51AF(1) of the Trade Practies Act 1974 (Cth) provides that claims with respect to the supply, or possible supply, of services that are financial services, are not actionable under Parts V, VC, s 51AA, or 51AB of the Trade
Practices Act 1974 (Cth).
An action may be commenced at any time within 6 years after the day on which the cause of action that relates to the conduct accrued.
However, this limitation period does not apply to the following:
(a) claims pursuant to s 51AA which concern death or personal injury;
(b) actions commenced under Part V Division 2A in relation to implied warranties;
(c) claims made in relation to defective goods under Part VA of the Trade Practices Act 1974 (Cth); and
(d) occupational liability claims, to
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which state limitations statutes instead apply: s 87AB of the Trade Practices Act 1974 (Cth).
6 years Note that ss 12 DA and 12DB of the Australian Securities and Investments Commission Act 2001 (Cth) regulate misleading or deceptive conduct and false or misleading representations in trade or commerce in relation to financial services, s 12DC regulates such conduct in relation to financial products involving land, and ss 12DD to 12 DN regulate other conduct in relation to financial services. Section 12GF(2) provides that actions for the contravention of these provisions must be commenced within 6 years after the day on which the cause of action that relates to the conduct accrued.
Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA to DN and 12 GF(2)
Note also that section 1041H(1) of the Corporations Act 2001 (Cth) provides that, a person must not, in this jurisdiction, engage in conduct, in relation to a financial product or a financial service, that is misleading or deceptive or is likely to mislead or deceive and that section 1041I(2) provides that actions may be begun at any time within 6 years after the day on which the cause of action arose.
Corporations Act 2001 (Cth) ss 1041H(1) and 1041I(2)
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Actions for s 87 orders pursuant to a contravention of Part VC of the Trade Practices Act 1974 (Cth), in relation to offences
6 years The Australian Competition and Consumer Commission may apply for s 87 orders on behalf of one or more persons who have suffered, or who are likely to suffer, loss or damage by conduct of another person who was engaged in a contravention of Part VC. Part VC contains offences relating to unfair practices, such as false and misleading representations, and to product safety and product information. A prosecution for an offence against a provision of Part VC may be commenced within 3 years after the commission of the offence
Trade Practices Act 1974 (Cth) Part VC, ss 87(1A) and 87(1CA) and s 79(6)
Actions commenced under Part V Division 2A of the Trade Practices Act 1974 (Cth), in relation to implied warranties
3 years Part V Division 2A sets out a number of implied warranties, including that:
(a) goods must correspond with descriptions given;
(b) goods must be of merchantable quality;
(c) goods must conform to samples provided;
(d) goods must be fit for their stated purpose; and
(e) facilities must be provided for repairs of goods.
Consumers may take action against
Trade Practices Act 1974 (Cth), s 74A - 74H, s 74J
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manufacturers if goods they have purchased do not comply with these warranties. If non-compliant goods are imported and the manufacturer does not have a place of business
in Australia, the importer is deemed liable for any breach of the implied warranties.
All actions under Part V Division 2A must be commenced within three years after the date on which the cause of action accrued. The cause of action is deemed to have accrued on the day on which the consumer first becomes aware, or ought reasonably to have become aware, that the goods did not comply with the relevant implied warranty.
However, proceedings 74J(3) of the Trade Practices Act 1974 (Cth) provides that an action must be commenced within 10 years after the first supply to a consumer of the goods.
Actions commenced under Part VA of the Trade Practices Act 1974 (Cth), in relation to defective goods
3 years The 3 year period begins from the date the person becomes aware, or ought reasonably to have become awareof:
(a) the alleged loss;
(b) the defect; and
(c) the identity of the person who
Trade Practices Act 1974 (Cth) Part VA and s 75AO
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manufactured the goods.
A further overall limitation period also applies, according to which any action must be commenced within 10 years of the supply by the manufacturer of the defective goods.
Actions commenced under Part VIB of the Trade Practices Act 1974 (Cth) in relation to an award of compensation for death or personal injury
Various (see next column)
The limitation period is either:
(a) 3 years from the date of discoverability for the death or injury to which the personal injury damages relate; or
(b) the end of the long-stop period for that death or injury.
The date of discoverability is defined in s 87G of the Trade Practices Act 1974 (Cth) as the first date on which the plaintiff to the proceeding knows or ought to have known each of the following:
(a) that the death or personal injury has occurred;
(b) that the death or personal injury was attributable to a breach of the Trade Practices Act 1974 (Cth); and
(c) that in the case of personal
Trade Practices Act 1974 (Cth) ss 87F-87H.
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injury - the injury was significant enough to justify bringing an action.
The long-stop period for the death or injury of a person is defined in s 87H of the Trade Practices Act 1974 (Cth) to be the period of 12 years following the act or omission alleged to have caused the death or injury, or the period as extended by the court.
In accordance with s 87H of the Trade Practices Act 1974 (Cth), a court must not extend the long-stop period by more than 3 years beyond the date of discoverability for the death or injury and, before extending the period, must have regard to those factors listed in s 87H(3) of the Trade Practices Act 1974 (Cth).
These limitations do not apply to proceedings in respect of the death or personal injury to a person resulting from smoking or other use of tobacco products.
10. WorkCover
Time for giving notice of an injury to employer
30 days The 30 day period is from the date the person becomes aware of the injury.
The Victorian WorkCover Authority or self-
Accident Compensation Act 1985 (Vic) s 102(1)
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insurer may waive or extend this period in accordance with s 102(6) of the Accident Compensation Act 1985 (Vic).
Claims for medical and other similar expenses
6 months The 6 month period commences from the date that treatment is received.
The Victorian WorkCover Authority or self-insurer may waive or extend this period in accordance with s 103(8) of the Accident Compensation Act 1985 (Vic).
Accident Compensation Act 1985 (Vic) s 103(7)(d)
Claims for compensation for death of a worker
2 years The 2 year period is from the date of death of the relevant worker.
The Victorian WorkCover Authority or self-insurer may waive or extend this period in accordance with s 103(8) of the Accident Compensation Act 1985 (Vic).
Accident Compensation Act 1985 (Vic) s 103(7)(b)
Claims for an impairment benefit No time limit. All body parts affected must be listed when making the claim as only one claim may be made in respect of a particular event.
Accident Compensation Act 1985 (Vic) ss 104B(5A) – (5AA)
Claims for weekly payments As soon as practicable
A claim must be given, served or lodged for weekly payments, as soon as practicable after the incapacity arising from the injury becomes known.
The Victorian WorkCover Authority or self-insurer may waive or extend this period in
Accident Compensation Act 1985 (Vic) s103(7)(a)
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accordance with s 103(8) of the Accident Compensation Act 1985 (Vic).
Actions for damages for serious injuries which occur on or after 20 October 1999
6 years (see next column)
A worker must not commence proceedings unless a serious injury certificate has been granted either by the Victorian WorkCover Authority or by a court.
Accident Compensation Act 1985 (Vic) s 134AB
Actions for damages for injuries which occur before 12 November 1997
3 years The 3 year period is from the date the serious nature of the incapacity arising from the injury became known (unless a serious injury application had been made before 1 September 2000).
Accident Compensation Act 1985 (Vic) s 135AC(b)
11. Workplace
Termination of employment (relief for unfair or unlawful dismissal)
21 days but note comments
The 21 day period commences from the date of termination of employment.
Please note a longer period may be allowed on application to the Australian Industrial Relations Commission and that this time period does not apply to "Freedom of Association" claims under section 792 of the Workplace Relations Act 1996 (Cth).
Workplace Relations Act 1996 (Cth) ss 643(14) and 643(15)
Termination of employment (breach of common law contract)
6 years This includes breaches of terms implied at law.
The 6 year period is from the time that the cause
Limitation of Actions Act 1958 (Vic) s 5(1)(a) and Part 2
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of action accrued.
An extension of time may be granted in certain circumstances, including where at the time the cause of action accrued the person was under a disability, or in the case of fraud or mistake.
Proceedings against employers in relation to injuries suffered, under the Workers Compensation Act 1958 (Vic)
6 months but note comments
The 6 month period commences from the date of the occurrence of the injury or, in the situation of death, the 6 month period commences from the time of death. The employee must also generally notify the employer of the injury "as soon as practicable" (but there are exceptions to this).
Please note that a longer period may be allowed under s 41 of the Workers Compensation Act 1958 (Vic) where:
it is found that an employer is not prejudiced in its defence by extending the time period; or
the employer knew of the injury notwithstanding that the employee failed to notify it;
the failure to notify the employer of the injury was due to mistake or absence from Victoria; or
any other reasonable cause (including situations where an employee believed that they were
Workers Compensation Act 1958 (Vic) s 41
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receiving payments in accordance with the Act or where they were led to believe that they would/would not be entitled to payments under the Act)
12. Other Common Limitation Periods
Actions to recover money paid by way of tax
12 months The 12 month period commences from the date on which the tax is paid.
In the case of a proceeding commenced in accordance with the provisions of another Act that provides for the refund or recovery of the money within a longer period however, the relevant time period will be that longer period.
Limitation of Actions Act 1958 (Vic) s 20A(2)
Actions commenced to recover judgment debts
15 years The 15 year period is from the date the judgment becomes enforceable.
Limitation of Actions Act 1958 (Vic) s 5(4)
Setting judgment debt aside As soon as possible (note discussion)
Where judgment is given in circumstances where the defendant does not file a defence or appear to defend a claim, Supreme and Magistrate court rules provide that an order may be set aside on application by the defendant. Note that there are no specific time limits for such application, but an applicant may object to a judgment being set aside and the court has discretion to determine if an application will proceed.
Supreme Court (General Civil Procedure) Rules 2005 (Vic) r 21.07
Magistrates Court Rules 1999 (Vic) r 10.19
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Comments Relevant Act and Section
Defamation - causes of action that accrued after 1 January 2006 and which do not fall within the exceptions outlined in s 46(2) of the Defamation Act 2005 (Vic)
12 months The 12 month period commences from the date of publication of the matter complained of. Section 46(2) of the Defamation Act 2005 (Vic) states that the 12 month limitation period does not apply to a cause of action that has accrued after the commencement of the Act on 1 January 2006, if:
(a) the post-commencement action is one of 2 or more causes of action in the proceeding commenced by the plaintiff;
(b) each cause of action in the proceeding accrues because of the publication of the same, or substantially the same, matter on separate occasions (whether by the same defendant or another defendant);
(c) one or more of the causes of action in the proceeding accrued before the commencement of the Defamation Act 2005 (Vic); and
Limitation of Actions Act 1958 (Vic) s 5(1AAA)
(d) the post-commencement cause of action accrued no later than 12 months after the date on which the earliest pre-commencement cause of
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Comments Relevant Act and Section
action in the proceedings accrued.
In accordance with s 23C of the Limitation of Actions Act 1958 (Vic), the limitation period for causes of action falling within the scope of s 46(2) of the Defamation Act 2005 (Vic) is 6 years. The republication of defamatory matter constitutes a separate cause of action and in certain circumstances the original publisher will be liable for the republication. A plaintiff may be entitled to sue the original publisher in relation to republications as a separate cause of action. Each cause of action will be taken to have accrued at the time of republication.
Defamation - causes of action that accrued before 1 January 2006 and any cause of action that accrued after 1 January 2006 but which falls within the exceptions outlined in s 46(2) of the Defamation Act 2005 (Vic)
6 years The 6 year period commences on the date of publication of the matter complained of. The 6 year limitation period also applies to those causes of action that do not accrue until after 1 January 2006, but which fall within s 46(2) of the
Limitation of Actions Act 1958 (Vic) s 5(1)(a)
Defamation Act 2005 (Vic) (see above). The republication of defamatory matter constitutes a separate cause of action and in certain circumstances, the original publisher will
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Comments Relevant Act and Section
be liable for the republication. A plaintiff may be entitled sue the original publisher in relation to republications as a separate cause of action. Each cause of action will be taken to accrue at the time of republication.
Victims of crime assistance 2 years An application must be made to the Victims of Crime Assistance Tribunal within 2 years after the occurrence of the act of violence or, in the case of an application by a related victim or a person who has incurred funeral expenses, within 2 years after the death of the primary victim. The Tribunal must strike out an application made out of time unless it considers that, in the particular circumstances, the application ought not to be struck out.
Victims of Crime Assistance Act 1996 (Vic) ss 29(1) and (2)
13. Lawyer Costs disputes and other complaints
Complaints against lawyers and law practices - costs
60 days
A complaint about the costs you have
been charged (a “costs dispute”) is
subject to strict time limits and cannot
exceed $25,000. In most cases you have
60 days from the day the bill was
payable in which to dispute those costs.
If you have requested an itemised bill
you have only 30 days after the request
Legal Profession Act 2004 (Vic) 4.2.7(2) and 4.3.3(1)
Complaints against lawyers and law practices - financial loss
6 years
If you complain that you have suffered
financial loss as a result of your lawyer’s
actions, you must register your dispute
within six years of those actions.
Legal Profession Act 2004 (Vic) 4.2.7(1) and (3)
Complaints against lawyers and law practices - professional conduct
A complaint about the professional
conduct of a lawyer must be made within
six years of the conduct that led to the
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Comments Relevant Act and Section
complaint.
Note that the Commissioner may accept
a disciplinary complaint outside 6 years.
Time is crucial when challenging the costs you have been charged so contact the Legal Services Commissioner if you have any queries.
Fines Various, depending on stage of matter and discretion of issuing agency
Fines (infringements) such as council,
public transport or some police traffic
fines are issued by the relevant
agencies, but are dealt with under the
statutory infringements system.
Depending on the stage of the fine and
the discretion open to the specific
agency, various actions and time limits
apply.
Infringements Act 2006 (Vic)
Privacy 12 Mths The Privacy Commissioner may decide
not to investigate if a complaint is made
more than 12 months after the
complainant became aware of the act or
practice.
Privacy Act 1988 (Cth) s 41(1)(c)
Complaint to Health Services Commission
12 Mths from date of
The Health Services Commissioner must
reject a complaint about an incident that
occurred more than twelve months
Health Services (Conciliation and Review)
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incident before the complaint is made if in the
Commissioner's opinion the person who
made the complaint has not shown good
reason for the delay.
Act 1987 (Vic) s19(3)
14. Planning
Amendment of planning scheme notices
1 month (not less than)
A planning authority must give notice to
various parties when it is preparing to
amend a planning scheme. This
requirement to give notice is subject to
certain exemptions.
Any notice must:
(a) be in accordance with the regulations; and
(b) set a date for submissions to the planning authority which, if notice of the preparation of the amendment is given in the Government Gazette, must not be less than 1 month after the date that the notice is given in the Government Gazette.
Planning and Environment Act 1987 (Vic) s 19
Appeals against refusal to grant 60 days An applicant for a permit may apply to
the Tribunal for review of a decision of a
Planning and Environment
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permit - VCAT responsible authority to refuse to grant a
permit.
An application must be made within 60
days of the responsible authority's notice
of refusal.
In respect of coastal Crown Land,
pursuant to s 82AA of the Planning and
Environment Act 1987 (Vic), a permit
applicant has no right of appeal if the
Minister has refused or is deemed to
have refused consent.
Act 1987 (Vic) s 77
Planning and Environment Regulations 2005 (Vic) r 29
Appeals against requirements - VCAT 30 days
or
60 days
An applicant for a permit may apply to
the Tribunal for review of:
(c) a requirement by the responsible authority to give notice; or
(d) a requirement of a responsible authority for more information.
An application for review of (a) "notice"
must be made within 30 days.
Planning and Environment Act 1987 (Vic) ss 78,
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An application for review of (b) "more
information" must be made within 60
days.
52(1)(d), 57B and 54
Planning and Environment Regulations 2005 (Vic) r 30(1) and (2)
Appeals against failure to grant permit - VCAT
60 days (but note running of time)
An applicant for a permit may apply to
the Tribunal for review of the failure of
the responsible authority to grant the
permit within the prescribed time.
Planning and Environment Act 1987 (Vic) s 79
The prescribed time is 60 days, but this
time runs or does not run depending on
various circumstances.
In respect of coastal Crown Land,
pursuant to s 82AA of the Planning and
Environment Act 1987 (Vic), a permit
applicant has no right of appeal if the
Planning and Environment Regulations 2005 (Vic) r 31
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Minister has not given his/her consent.
Appeals against conditions on permits - VCAT
60 days An permit applicant may apply to the
Tribunal for review of any condition in a
permit which the responsible authority
has issued or decided to grant, except a
condition that a covenant be removed or
varied before the permit comes into
effect, so as not to result in the breach of
a restrictive covenant.
Planning and Environment Act 1987 (Vic) ss 80, 62(1)(aa) and 64
An application for review must be made
within 60 days after:
(e) the permit was issued; or
(f) the responsible authority gave notice under s 64.
Planning and Environment Regulations 2005 (Vic) r 32
Appeals relating to extensions of time - VCAT
60 days (but note complex rules re other time limits)
Any person may apply to the Tribunal for
review of:
(a) a decision of the responsible authority refusing to extend the time within which any development or use is to be started or any development
Planning and Environment Act 1987 (Vic) s 81(1), s 6A(2), Subdivision Act 1988 (Vic)
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Type of Action Limitation Period
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completed; or
(aa) a decision of the responsible authority refusing to extend the time in which certain subdivision plans are be certified; or
(b) the failure of the responsible authority to extend the time within one month after the request for extension is made.
Such application must be made within 60
days after:
(g) the decision referred to above in (a) and (aa); or
(h) the failure to extend the time referred to above in (b).
Planning and Environment Regulations 2005 (Vic) r 33(1)
An applicant for a permit may apply to
the Tribunal for review of a decision of a
responsible authority to refuse to extend
the time in which information must be
Planning and Environment Act 1987 (Vic) ss 81(2), 54(1A), 54A and 78(b)
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Type of Action Limitation Period
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given by the applicant.
Such application must be made before
the last of the following to occur:
(i) the lapse date specified in the notice under s 54(1A) of the Planning and Environment Act 1987 (Vic);
(j) the new lapse date set out in a notice under s 54A of the Planning and Environment Act 1987 (Vic), if applicable
(k) if the applicant for the permit has made an application to the Tribunal under s 78(b) of the Planning and Environment Act 1987 (Vic) and the Tribunal has confirmed or changed the requirement, the new lapse date determined by the Tribunal.
Planning and Environment Regulations 2005 (Vic) r 33(2)
Appeals where objectors - VCAT 21 days An objector may apply to the Tribunal for
review of a decision of a responsible
Planning and Environment Act 1987 (Vic) s 82(1)
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Type of Action Limitation Period
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authority to grant a permit.
Such application must be made within 21
days after the responsible authority gave
notice of its decision to the objector
under s 64 of the Planning and
Environment Act 1987 (Vic).
Planning and Environment Regulations 2005 (Vic) r 34
Planning schemes may set out classes
of application for permits that are exempt
from review by the Tribunal and
therefore cannot be reviewed as above.
Planning and Environment Act 1987 (Vic) s 82(2) and (3)
15. Environment
Works approval 21 days
Works approval applications must be
must be:
(a) in the form and manner approved by the Authority;
(b) forwarded with the prescribed fee; and
(c) accompanied by such plans, specifications and other
Environment Protection Act 1970 (Vic) s 19B
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information, and a summary thereof, as may be required by the Authority within 21 days of receiving the initial application.
The Authority must publish a notice in
newspapers in Victoria and provide 21
days for any interested person or body to
comment in writing on the application.
The Authority must also forward a copy
of the application to other interested
government bodies including: protection
agencies which may be affected by the
application; the Secretary to the
Department of Human Services;
responsible authorities under the
Planning and Environment Act 1987
(Vic); and the Minister administering the
Mineral Resources (Sustainable
Development) Act 1990 (Vic).
An interested government body will have
21 days to provide its comments on the
application except that a responsible
authority will have 45 days to advise the
Authority as to whether it supports, or
Legal\106186761.6 36
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does not object to, or does object to the
application; or if it seeks specific
conditions to be attached to an issued
works approval.
4 months The Authority must refuse to issue a
works approval or issue a works
approval subject to conditions not later
than 4 months after receiving the
application.
Application for research, development and demonstration approval
30 days The Authority must issue or refuse to
issue a research, development and
demonstration approval within 30 days of
receiving an application under s 19D(2)
and (3).
Environment Protection Act 1970 (Vic) s 19D and E
Licensing of certain premises 21 days
Applications for licences in respect of
scheduled premises to discharge waste
to the environment, undertake certain
waste or hazardous substances activities
or any other activity which creates a
state of potential danger to the
environment as described in s 20(1) of
the Environment Protection Act 1970
(Vic) must be:
(d) in the form and manner
Environment Protection Act 1970 (Vic) s 20
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Type of Action Limitation Period
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approved by the Authority; and
(e) accompanied by such plans, specifications and other information, and a summary thereof, as may be required by the Authority within 21 days of receiving the initial application.
60 days
The Authority must deal with the
application within 60 days by not issuing,
or issuing the licence subject to any
conditions it considers appropriate.
21 days
If the Authority receives an application in
this section which relates to a matter in
respect of which a works approval has
been obtained, and in the opinion of the
Authority the works have been done
satisfactorily then the Authority has 21
days to issue a licence from the time the
application was received.
Legal\106186761.6 38
Type of Action Limitation Period
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45 days The Authority has 45 days after
notification of works being done
satisfactorily to determine if this is so,
unless there has been an agreement
under s 67A (waiver of time limits).
Environment Protection Act 1970 (Vic) s 67A
Review of works approvals - VCAT 21 days An applicant for a works approval may,
within 21 days of the refusal or failure to
grant a works approval, apply to the
Tribunal for review of this refusal or
failure to grant.
An applicant for a transfer of works
approval may, within 21 days of the
refusal or failure to grant a works
approval, apply to the Tribunal for review
of this refusal or failure to grant.
An applicant under either of the above
may, within 21 days of a condition being
imposed, apply to the Tribunal for review
of this condition.
A holder of a works approval may, within
21 days of a decision to amend the
approval, apply to the Tribunal for review
of this decision to amend.
Environment Protection Act 1970 (Vic) s 33
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Review of licences - VCAT 21 days An applicant for a licence may, within 21
days of the refusal or failure to grant a
licence, apply to the Tribunal for review
of this refusal or failure to grant.
An applicant for an amendment of a
licence may, within 21 days of the
refusal or failure to grant the
amendment, apply to the Tribunal for
review of this refusal or failure to grant.
An applicant for a transfer of a licence
may, within 21 days of the refusal or
failure to grant a transfer of a licence,
apply to the Tribunal for review of this
refusal or failure to grant.
An licence holder affected by a
revocation, amendment or suspension of
a licence may, within 21 days of the
revocation, amendment or suspension,
apply to the Tribunal for review of this
revocation, amendment or suspension.
An applicant required to bear the cost of
a course of study may, within 21 days of
being served the notice bearing the
requirement, apply to the Tribunal for its
Environment Protection Act 1970 (Vic) s 33A
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Type of Action Limitation Period
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review.
An applicant may, within 21 days of the
issue, amendment or transfer of a
licence where a condition is imposed on
that licence, apply to the Tribunal for
review of the condition.
Review by third parties - VCAT 21 days Subject to various exceptions, a person
whose interests are affected by the
issue of a works approval, issue of a
licence, amendment of a licence or
removal of a licence suspension may,
within 21 days of such action, apply to
the Tribunal for review of the action.
The grounds of such an application are
detailed in s 33B(2).
Environment Protection Act 1970 (Vic) s 33B
Review of abatement notices - VCAT 21 days A person whose interests are affected by
a requirement specified in an abatement
notice, or notice of amendment of an
abatement notice may, within 21 days of
service of the notice, apply to the
Tribunal for review of the abatement
notice or notice of amendment.
Environment Protection Act 1970 (Vic) s 34 and 28B
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Review of pollution abatement notices - VCAT
21 days A person whose interests are affected by
a requirement specified in a pollution
abatement notice, or notice of
amendment of an abatement notice may,
within 21 days of service of the notice,
apply to the Tribunal for review of the
pollution abatement notice or notice of
amendment.
Environment Protection Act 1970 (Vic) s 35 and 31A
Review of a decision regarding submission of directed proposal - VCAT
21 days A person whose interests are affected by
a decision of an Authority under s 19AG
(submission of directed proposal) may,
within 21 days of the decision, apply to
the Tribunal for review of the decision.
Environment Protection Act 1970 (Vic) s 35A and 19AG
Review of removal of litter directions and litter abatement notices - VCAT
28 days A person who receives a direction to
remove litter under s 45Y, or litter
abatement notice under s 45ZB may,
within 21 days of the decision or notice,
apply to the Tribunal for review of the
decision.
Review is on the grounds that the
decision or notice is oppressive, unjust
or unreasonable.
Environment Protection Act 1970 (Vic) s 36AA, 45Y and 45ZB
Review in respect of a permit - VCAT 21 days An applicant for a permit, or renewal of a
permit, whose interests are affected by
Environment Protection Act
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the non-issue, issue subject to terms or
conditions or refusal to renew may,
within 21 days of the decision, apply to
the Tribunal for review.
1970 (Vic) s 36A
Review in respect of fees incorrectly calculated - VCAT
21 days A person required to pay a fee under the
Environment Protection Act 1970 (Vic)
may, within 21 days of being required to
pay the fee, apply to the Tribunal for
review of the fee on the ground that it
has been incorrectly calculated.
Environment Protection Act 1970 (Vic) s 36B
Review of notices imposing certain requirements - VCAT
21 days A person served a notice imposing a
requirement to obtain an ecological
impact statement, or to take action to
address major inefficiencies or impacts,
or an amendment to these requirements
may, within 21 days of receipt of the
notice, apply to the Tribunal for review of
the decision.
Environment Protection Act 1970 (Vic) s 36BA, 49AF, 49AH and 49AL
Review in respect of financial assurances - VCAT
21 days A person whose interests are affected by
a decision under s 67B(7) (application in
writing to have a financial assurance
amended or discharged) may within 21
days of receipt of the notice, apply to the
Tribunal for review of the decision.
Environment Protection Act 1970 (Vic) s 36C and 67B(7)
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