Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 47F

Action not barred by Limitation of Actions Act 1958

47F. Action not barred by Limitation of Actions Act 1958

Section 20 of the Limitation of Actions Act 1958 does not apply, and is deemed
never to have applied, to an action brought by VLA to recover money, being an
amount payable by an assisted person to VLA under section 27 or an amount in
respect of costs and interest that the assisted person is required to
reimburse or pay to VLA under section 48(6), if payment of the money is or
was-

   (a)  secured in accordance with a condition referred to in section
        27(1)(c), whether by a charge taken out under section 47A(1) or
        otherwise; or

   (b)  secured by a charge taken out under section 47A(2); or

   (c)  secured under section 48(6); or

   (d)  secured by a charge taken out under section 48A as inserted by the
        Legal Aid Commission (Amendment) Act 1986 and repealed by the Legal
        Aid Commission (Amendment) Act 1992; or

   (e)  secured by a charge otherwise lawfully taken out for the benefit of
        the Legal Aid Fund established under section 41 or the Legal Aid Fund
        established under section 10 of the Legal Aid Act 1969-

and such an action may be brought at any time, whether or not that action
could have been brought before the commencement of the Legal Aid (Amendment)
Act 2001.