Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 27F

Date cause of action is discoverable

27F. Date cause of action is discoverable



(1) For the purposes of this Part, a cause of action is discoverable by a
person on the first date that the person knows or ought to have known of all
of the following facts-

   (a)  the fact that the death or personal injury concerned has occurred;

   (b)  the fact that the death or personal injury was caused by the fault of
        the defendant;

   (c)  in the case of personal injury, the fact that the personal injury was
        sufficiently serious to justify the bringing of an action on the cause
        of action.

(2) A person ought to know of a fact at a particular date if the fact would
have been ascertained by the person had the person taken all reasonable steps
before that date to ascertain the fact.

(3) In determining what a person knows or ought to have known, a court may
have regard to the conduct and statements, oral or in writing, of the person.

(4) To remove doubt, a cause of action that arises under Part III of the
Wrongs Act 1958 is not discoverable before the date of death of the deceased.