Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 23A

Personal injuries

23A. Personal injuries



(1) This section applies to any action for damages for negligence nuisance or
breach of duty (whether the duty exists by virtue of a contract or of a
provision made by or under a statute or independently of any contract or any
such provision) where the damages claimed consist of or include damages in
respect of personal injuries to any person.

(2) Where an application is made to a court by a person claiming to have a
cause of action to which this section applies, the court, subject to
subsection (3) and after hearing such of the persons likely to be affected by
that application as it sees fit, may, if it decides that it is just and
reasonable so to do, order that the period within which an action on the cause
of action may be brought be extended for such period as it determines.

(3) In exercising the powers conferred on it by subsection (2) a court shall
have regard to all the circumstances of the case including (without derogating
from the generality of the foregoing) the following-

   (a)  the length of and reasons for the delay on the part of the plaintiff;

   (b)  the extent to which, having regard to the delay, there is or is likely
        to be prejudice to the defendant;

   (c)  the extent, if any, to which the defendant had taken steps to make
        available to the plaintiff means of ascertaining facts which were or
        might be relevant to the cause of action of the plaintiff against the
        defendant;

   (d)  the duration of any disability of the plaintiff arising on or after
        the date of the accrual of the cause of action;

   (e)  the extent to which the plaintiff acted promptly and reasonably once
        he knew that the act or omission of the defendant, to which the injury
        of the plaintiff was attributable, might be capable at that time of
        giving rise to an action for damages;

   (f)  the steps, if any, taken by the plaintiff to obtain medical, legal or
        other expert advice and the nature of any such advice he may have
        received.

(4) The powers conferred on a court by subsection (2) may be exercised at any
time notwithstanding-

   (a)  that-

   (i)  in the case of an action to which section 5(1AA) or (1A) applies (not
        being an action to which section 23(1) applies), more than 3 years has
        expired since the cause of action accrued; and

   (ii) in any other case more than 6 years has expired since the cause of
        action accrued; or

   (b)  that an action in respect of such personal injuries has been
        commenced.





(5) An application under this section shall be made by summons in the
jurisdiction in which an action has been or is proposed to be brought and a
copy of that summons shall be served on each person against whom the claimant
claims to have the cause of action, provided that the Supreme Court may give
leave to bring an action in any court which seems to it appropriate.

(6) Except as provided by section 27M(2), this section does not apply to an
action to which Part IIA applies.

Division 2A-Defamation