Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 27J

Effect of legal incapacity on limitation period

27J. Effect of legal incapacity on limitation period



(1) A person is under a legal incapacity for the purposes of this section
while the person-

   (a)  is a minor, but not while the minor is in the custody of a capable
        parent or guardian; or

   (b)  is an incapacitated person for a continuous period of 28 days or more,
        but not while-

   (i)  the person is a represented person; and

   (ii) the guardian of the person is authorised by law to bring actions in
        the person's name.

(2) If a person has a cause of action for which a period of limitation has
commenced to run and the person is under a legal incapacity, the running of
the period of limitation is suspended for the duration of the legal
incapacity.

(3) In determining when a cause of action is discoverable by a person who is a
minor or an incapacitated person and who is not under a legal incapacity,
facts that are known or ought to be known by a capable parent or guardian of
the minor or the guardian of the represented person are deemed to be facts
that are known or ought to be known by the minor or incapacitated person.

(4) In this section-

capable parent or guardian of a minor means a person-

   (a)  who is a parent or guardian of the minor; and

   (b)  who is not under a legal incapacity;



guardian, in relation to a represented person, means-

   (a)  the guardian or administrator of that person under the
        Guardianship and Administration Act 1986; or

   (b)  in the case of a protected person, State Trustees Limited;
        incapacitated person means a person who is incapable of, or
        substantially impeded in, the management of his or her affairs in
        relation to the cause of action in respect of which the question
        arises, by reason of any disease or any impairment of his or her
        physical or mental condition; represented person means-

   (a)  represented person within the meaning of the
        Guardianship and Administration Act 1986; or

   (b)  protected person within the meaning of section 85 of that Act.

Division 3-Extension of limitation period for personal injury actions