VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 57D Extension of limitation periods

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 57D

    (1)     The Magistrates' Court may extend any limitation period that applies to the making of an application under section 57B so as to allow the application to be made and determined, if satisfied that—

        (a)     the application involves the same subject matter as an application to the Tribunal that was struck out, dismissed, rejected or withdrawn for lack of jurisdiction; and

        (b)     the late making of the application is attributable to additional steps the applicant was required to take to have the matter determined by the Court because the application to the Tribunal was struck out, dismissed, rejected or withdrawn; and

        (c)     it is fair and reasonable to extend the limitation period.

    (2)     The Tribunal may extend any limitation period that applies to the making of an application to the Tribunal so as to allow the application to be made and determined, if satisfied that—

        (a)     the application involves the same subject matter as an application to the Magistrates' Court under section 57B that was—

              (i)     struck out, dismissed, rejected or withdrawn because the Court was not satisfied as referred to in section 57B(2); or

              (ii)     withdrawn before the Court had determined whether or not it was satisfied as referred to in section 57B(2); and

        (b)     the late making of the application is attributable to additional steps the applicant was required to take to have the matter determined by the Tribunal because the application under section 57B was struck out, dismissed, rejected or withdrawn; and

        (c)     it is fair and reasonable to extend the limitation period.

    (3)     A limitation period may be extended under this section even though the limitation period has already expired.

S. 57E inserted by No. 31/2021 s. 3.