TABLE OF LIMITATION DATES APPLICABLE IN VICTORIA1 (CURRENT AS AT MARCH 2008) 1 Published by Advocacy & Rights Centre Ltd, 29 Queen Street, Bendigo, Victoria. The Loddon Campaspe Community Legal Centre is a program of the Advocacy & Rights Centre Ltd. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Clayton Utz Lawyers in the preparation of certain sections of this resource. Clayton Utz does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Arnold Dallas McPherson Lawyers in the preparation of certain sections of this resource. Arnold Dallas McPherson does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Advocacy & Rights Centre Ltd does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on its accuracy. Legal\106186761.6 1 TABLE OF LIMITATION DATES APPLICABLE IN VICTORIA2 (CURRENT AS AT MARCH 2008) PLEASE NOTE: This table does not constitute legal advice and has been prepared as a guide only. It is a table of the relevant provisions from the relevant legislation. It is non-exhaustive and not comprehensive and does not cover relevant case law. Advising clients on time limits is absolutely crucial. Failure to properly advise clients of limitation dates may give rise to liability in negligence. This table is not an exhaustive list of all relevant limitation periods (nor those provisions that may be used in order to seek an extension of a particular limitation period) in the State of Victoria. If in doubt as to the limitation period for a particular cause of action, consult the Limitation of Actions Act 1958 (Vic) and/or any relevant governing legislation and case law. The time when a particular cause of action "accrues" will often impact on the date on which a limitation period concludes. Exactly when a cause of action accrues however, will differ in relation to each and every claim. For example, for breach of contract, the cause of action generally accrues from the date on which the breach occurs and for actions in tort, the cause of action generally accrues from the date on which the loss is suffered. If in doubt as to when a cause of action accrues, guidance should be sought from any relevant case law and/or legislation governing the particular claim. PLEASE ENSURE: All clients are advised of any relevant time limits. The advice given in relation to time limits is recorded in file notes and the CLSIS statistics sheet. 2 Published by Advocacy & Rights Centre Ltd, 29 Queen Street, Bendigo, Victoria. The Loddon Campaspe Community Legal Centre is a program of the Advocacy & Rights Centre Ltd. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Clayton Utz Lawyers in the preparation of certain sections of this resource. Clayton Utz does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Arnold Dallas McPherson Lawyers in the preparation of certain sections of this resource. Arnold Dallas McPherson does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Advocacy & Rights Centre Ltd does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on its accuracy. Legal\106186761.6 2 CONTENTS 1. Contract ..................................................................................................................... 4 2. Discrimination and Equal Opportunity .................................................................... 4 3. Infringement Notices ................................................................................................. 5 4. Motor Vehicle ............................................................................................................. 6 5. Property and Maintenance ........................................................................................ 7 6. Child Maintenance and Child Support ..................................................................... 8 7. Testamentary ............................................................................................................. 8 8. Tort ............................................................................................................................. 9 9. Trade Practices and Consumer Protection............................................................ 12 10. WorkCover ............................................................................................................... 18 11. Workplace ................................................................................................................ 20 12. Other Common Limitation Periods ........................................................................ 22 13. Lawyer Costs disputes and other complaints ....................................................... 25 14. Planning ................................................................................................................... 28 15. Environment ............................................................................................................ 34 Legal\106186761.6 3 Type of Action 1. Limitation Period Comments Relevant Act and Section Contract Claims for breach of contract 6 years This includes breaches of contracts implied in law. Limitation of Actions Act 1958 (Vic) s 5(1)(a) The 6 year period is from the time that the cause of action accrued. An extension of time may be granted, in the case of fraud or mistake, in accordance with s 27, or disability, in accordance with s 23 of the Limitation of Actions Act 1958 (Vic). 15 years 2. An action upon a bond or any other specialty (such as a deed) shall not be brought after the expiration of 15 years from the date on which the cause of action accrued, provided that this shall not affect any action for which a shorter period of limitation is prescribed by any other provision of the Limitation of Actions Act 1958 (Vic). Limitation of Actions Act 1958 (Vic) s 5(3) Discrimination and Equal Opportunity Discrimination claims (Commonwealth jurisdiction) 12 months but note comments This includes claims made under the Age Discrimination Act 2004 (Cth), Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth) and Disability Discrimination Act 1992 (Cth). Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 3 and 46PH(1)(b) The President of the Human Rights and Equal Legal\106186761.6 4 Type of Action Limitation Period Comments Relevant Act and Section Opportunity Commission may terminate a complaint if the complaint was lodged more than 12 months after the alleged unlawful discrimination took place. 12 months but note comments The Equal Opportunity Commission may decline to entertain a complaint if it relates to an alleged contravention of the Equal Opportunity Act 1995 (Vic) that took place more than 12 months before the complaint was lodged. Equal Opportunity Act 1995 (Vic) s 108(1)(c) Issue of an infringement warrant 28 days An infringements registrar must issue an infringement warrant against a person to whom an enforcement order notice is sent if the person, for a period of more than 28 days, defaults in the payment of the outstanding amount of a fine or payment order. Infringements Act 2006 (Vic) s 80(1) Execution of infringement warrant 7 days No steps can be taken to formally execute an infringement warrant, unless the person in respect of whom the infringement warrant has been issued is also given a seven day notice, warning of each of the enforcement mechanisms available under s 82 of the Infringements Act 2006 (Vic) if, within 7 days of the seven day notice being served, they do not: Infringements Act 2006 (Vic) s 88(1)(a) Discrimination claims (State jurisdiction) 3. Infringement Notices Legal\106186761.6 pay the outstanding amount of the fine; 5 Type of Action 4. Limitation Period Comments apply for a payment order; or apply for the revocation of the enforcement order. Relevant Act and Section Motor Vehicle Compensation following a motor vehicle accident 12 months The 12 month period for compensation claims is from the date that the accident or subsequent death occurred. Transport Accident Act 1986 (Vic) ss 68(1) and (3) If the injury did not manifest itself at the time of the accident, the 12 month period commences from the date that the injury first became apparent. If the injured person is a minor at time of accident, that person, or a person on their behalf has 12 months from the person attaining 18 years of age within which to make a claim. An extension of time may be granted in accordance with s 68(2) of the Transport Accident Act 1986 (Vic). Time for reporting a transport accident to the Commission 28 days An accident must be reported to Transport Accident Commission ("TAC") within 28 days of receiving a notice of request to make such a report from the TAC. Transport Accident Act 1986 (Vic) s 64(1) and (3) Review of a decision of the Transport 12 months A person whose interests are affected by a decision of the TAC may, within 12 months of Transport Accident Act Legal\106186761.6 6 Type of Action Limitation Period Accident Commission 5. Comments becoming aware of the decision, apply to VCAT for review. This is a strict time limit and cannot be extended. Relevant Act and Section 1986 (Vic) s 77 Property and Maintenance Actions for negligence in relation to property damage 6 years The 6 year period is from the time that the cause of action accrued. Limitation of Actions Act 1958 (Vic) s 5(1)(a) If the claim is for a debt or other liquidated claim, time may be extended by acknowledgement or part payment in accordance with ss 24-26 of the Limitation of Actions Act 1958 (Vic). Action to recover land (adverse possession) 15 years The 15 year period is from the time that the cause of action accrued. Limitation of Actions Act 1958 (Vic) ss 8 and 14 A cause of action does not accrue however, until the land is in the adverse possession of some person, in whose favour the period of limitation can run. Property and maintenance claims married parties (including bankruptcy trustees) Legal\106186761.6 12 months Time may be extended by acknowledgement or part payment in accordance with ss 24-26 of the Limitation of Actions Act 1958 (Vic). The 12 month period commences from the date that a divorce order takes effect or the date that a decree of nullity of marriage has been made. An extension of time may be granted with leave of the Court. Family Law Act 1975 (Cth) s 44(3) 7 Type of Action Property claims - de facto relationships (domestic partners) 6. 2 years Comments Relevant Act and Section Property Law Act 1958 (Vic) The 2 year period commences from the date that the relationship ended. An extension of time s 282(1) may be granted in accordance with s 282(2) of the Property Law Act 1958 (Vic). Child Maintenance and Child Support Childbirth Maintenance 7. Limitation Period 12 months from the date of birth The cause of action is restricted women who are not married to the fathers of their children. Family Law Act 1975 (Cth) ss 67B & G. 6 months The 6 month period commences following the grant of probate of the will or letters of administration but is suspended if someone challenges the distribution under Part V of the Administration and Probate Act 1958 (Vic). Administration and Probate Act 1958 (Vic) s 99 Testamentary Challenges to the distribution of property under the will of a deceased person The court may give an extension of time so long as the estate has not been completely distributed. Removal of an executor or administrator Legal\106186761.6 None Application to the Supreme Court may be made if the executor or administrator: (a) remains out of Victoria for more than two years; (b) wants to be discharged from the office; or Administration and Probate Act 1958 (Vic) s 34(1) 8 Type of Action Limitation Period Comments (c) 8. Relevant Act and Section refuses or is unfit to act or is incapable of acting. Tort General tortious claims 6 years The 6 year period is from the date on which the cause of action accrued. Limitation of Actions Act 1958 (Vic) s 5(1)(a) This includes actions commenced for breach of a statutory duty. Claims in tort for pure economic loss 6 years The 6 year period is from the date on which the cause of action accrued. Limitation of Actions Act 1958 (Vic) s 5(1)(a) Death or personal injury - causes of action where the act or omission alleged to have resulted in the death or personal injury with which the action is concerned occurred on or after 21 May 2003 (and as from 1 October 2003, all causes of action, no matter when the act or omission occurred, unless proceedings had already been commenced prior to this date) Various (see next column) The limitation period is either: Limitation of Actions Act 1958 (Vic) ss 5(1AA), 27B, 27D and 27N (a) 12 years from the date of the act or omission which is alleged to have resulted in the death or injury with which the action is concerned; or (b) 3 years from the date on which the cause of action was discoverable in accordance with s 27F of the Limitations of Actions Act 1958 (Vic), whichever expires first, regardless of whether the action for damages is founded in tort, in Legal\106186761.6 9 Type of Action Limitation Period Comments Relevant Act and Section contract, under statute or otherwise. An extension of time may be granted in accordance with s 27K of the Limitation of Actions Act 1958 (Vic). Sections 27B and 27D of the Limitation of Actions Act 1958 (Vic) however, do not apply to any of the following: Legal\106186761.6 (a) actions for damages to which Part IV of the Accident Compensation Act 1985 (Vic) applies; (b) actions for damages in respect of an injury which entitles, or may entitle, a worker within the meaning of the Workers Compensation Act 1958 (Vic) to compensation under that Act; (c) actions for damages to which Part 6 or Part 10 of the Transport Accident Act 1986 (Vic) applies; (d) actions for damages in respect of an injury that is a dust-related condition within the meaning of the Administration and Probate Act 1958 (Vic); or (e) actions for damages in respect of 10 Type of Action Limitation Period Comments Relevant Act and Section an injury resulting from smoking or other use of tobacco products (within the meaning of the Tobacco Act 1987 (Vic)) or exposure to tobacco smoke. The 6 year period is from the date on which the cause of action accrued. Limitation of Actions Act 1958 (Vic) s 5(1)(a) Personal injury - causes of action where the act or omission alleged to have resulted in the death or personal injury with which the action is concerned occurred before 21 May 2003, for which proceedings had already been commenced prior to 1 October 2003 6 years Compensation for wrongful death causes of action accruing between 11 May 1977 and 20 May 2003 6 years The 6 year period is from the date of death, or Wrongs Act 1958 (Vic) s where the injury causing death consisted of a 20(1) disease or disorder contracted by a person and that person did not know before they died that they had suffered the injury and the injury was caused by the act or omission of some other person, 6 years after first discovering the disease or disorder. Personal injury consisting of a disease or disorder 3 years The 3 year period is from the date the person first knows that they have suffered personal injuries and that those injuries were caused by the act or omission of some person. An extension of time may be granted in accordance with s 23A of the Limitation of Actions Act 1958 (Vic). Note that this section may no longer be relevant. Limitation of Actions Act 1958 (Vic) s 5(1A) An extension of time may be granted in accordance with s 27K of the Limitation of Actions Legal\106186761.6 11 Type of Action Limitation Period Comments Relevant Act and Section Act 1958 (Vic). 9. Trade Practices and Consumer Protection Consumer disputes commenced under the Fair Trading Act 1999 (Vic) 6 years Disputes arising in relation to the purchase of motor vehicles from a Motor Car Trader 3 months The 6 year period applies to all actions for damages for the contravention of a provision of the Act and commences from the date on which the cause of action accrued. The 3 month period within which a purchaser may apply to the Magistrates' Court commences from the date that the sale agreement was entered into. Fair Trading Act 1999 (Vic) s 159(3) Motor Car Traders Act 1986 (Vic) ss 7A, 45(2) and 45(3) If a purchaser has notified the motor car trader of their complaint not later than 3 months after the agreement is entered into however, they may still apply to the Magistrates' Court for the rescission of the agreement on the ground of their complaint, but not later than 1 month after that notification. "Motor Car Trader" is defined in s 7A of the Motor Car Traders Act 1986 (Vic) as any person who buys, sells or exchanges four or more motor cars (or who offers to do so), either as a principal or agent, over a period of 12 months. There are a number of exceptions however, contained in s 7A of the Motor Car Traders Act 1986 (Vic). Actions for s 82 damages and/or s 87 orders pursuant to a contravention of Part IV, IVA, IVB or V of the Trade Practices Act 1974 (Cth) Legal\106186761.6 6 years Includes claims made in relation to misleading or deceptive conduct, unconscionable conduct, false or misleading representations, product safety and product information, implied undertakings as to quality or fitness for purpose Trade Practices Act 1974 (Cth), s 82(2), s 87(1A), s87(1CA) 12 Type of Action Limitation Period Comments Relevant Act and Section and unsuitable goods. However, section 51AF(1) of the Trade Practies Act 1974 (Cth) provides that claims with respect to the supply, or possible supply, of services that are financial services, are not actionable under Parts V, VC, s 51AA, or 51AB of the Trade Practices Act 1974 (Cth). An action may be commenced at any time within 6 years after the day on which the cause of action that relates to the conduct accrued. However, this limitation period does not apply to the following: Legal\106186761.6 (a) claims pursuant to s 51AA which concern death or personal injury; (b) actions commenced under Part V Division 2A in relation to implied warranties; (c) claims made in relation to defective goods under Part VA of the Trade Practices Act 1974 (Cth); and (d) occupational liability claims, to 13 Type of Action Limitation Period Comments Relevant Act and Section which state limitations statutes instead apply: s 87AB of the Trade Practices Act 1974 (Cth). 6 years Legal\106186761.6 Note that ss 12 DA and 12DB of the Australian Securities and Investments Commission Act 2001 (Cth) regulate misleading or deceptive conduct and false or misleading representations in trade or commerce in relation to financial services, s 12DC regulates such conduct in relation to financial products involving land, and ss 12DD to 12 DN regulate other conduct in relation to financial services. Section 12GF(2) provides that actions for the contravention of these provisions must be commenced within 6 years after the day on which the cause of action that relates to the conduct accrued. Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA to DN and 12 GF(2) Note also that section 1041H(1) of the Corporations Act 2001 (Cth) provides that, a person must not, in this jurisdiction, engage in conduct, in relation to a financial product or a financial service, that is misleading or deceptive or is likely to mislead or deceive and that section 1041I(2) provides that actions may be begun at any time within 6 years after the day on which the cause of action arose. Corporations Act 2001 (Cth) ss 1041H(1) and 1041I(2) 14 Type of Action Limitation Period Comments Relevant Act and Section Actions for s 87 orders pursuant to a contravention of Part VC of the Trade Practices Act 1974 (Cth), in relation to offences 6 years Trade Practices Act 1974 The Australian Competition and Consumer Commission may apply for s 87 orders on (Cth) Part VC, ss 87(1A) behalf of one or more persons who have and 87(1CA) and s 79(6) suffered, or who are likely to suffer, loss or damage by conduct of another person who was engaged in a contravention of Part VC. Part VC contains offences relating to unfair practices, such as false and misleading representations, and to product safety and product information. A prosecution for an offence against a provision of Part VC may be commenced within 3 years after the commission of the offence Actions commenced under Part V Division 2A of the Trade Practices Act 1974 (Cth), in relation to implied warranties 3 years Part V Division 2A sets out a number of implied warranties, including that: (a) goods must correspond with descriptions given; (b) goods must be of merchantable quality; (c) goods must conform to samples provided; (d) goods must be fit for their stated purpose; and (e) facilities must be provided for repairs of goods. Trade Practices Act 1974 (Cth), s 74A - 74H, s 74J Consumers may take action against Legal\106186761.6 15 Type of Action Limitation Period Comments Relevant Act and Section manufacturers if goods they have purchased do not comply with these warranties. If noncompliant goods are imported and the manufacturer does not have a place of business in Australia, the importer is deemed liable for any breach of the implied warranties. All actions under Part V Division 2A must be commenced within three years after the date on which the cause of action accrued. The cause of action is deemed to have accrued on the day on which the consumer first becomes aware, or ought reasonably to have become aware, that the goods did not comply with the relevant implied warranty. However, proceedings 74J(3) of the Trade Practices Act 1974 (Cth) provides that an action must be commenced within 10 years after the first supply to a consumer of the goods. Actions commenced under Part VA of the Trade Practices Act 1974 (Cth), in relation to defective goods Legal\106186761.6 3 years The 3 year period begins from the date the person becomes aware, or ought reasonably to have become awareof: (a) the alleged loss; (b) the defect; and (c) the identity of the person who Trade Practices Act 1974 (Cth) Part VA and s 75AO 16 Type of Action Limitation Period Comments Relevant Act and Section manufactured the goods. A further overall limitation period also applies, according to which any action must be commenced within 10 years of the supply by the manufacturer of the defective goods. Actions commenced under Part VIB of the Trade Practices Act 1974 (Cth) in relation to an award of compensation for death or personal injury Various (see next column) The limitation period is either: (a) 3 years from the date of discoverability for the death or injury to which the personal injury damages relate; or (b) the end of the long-stop period for that death or injury. Trade Practices Act 1974 (Cth) ss 87F-87H. The date of discoverability is defined in s 87G of the Trade Practices Act 1974 (Cth) as the first date on which the plaintiff to the proceeding knows or ought to have known each of the following: Legal\106186761.6 (a) that the death or personal injury has occurred; (b) that the death or personal injury was attributable to a breach of the Trade Practices Act 1974 (Cth); and (c) that in the case of personal 17 Type of Action Limitation Period Comments Relevant Act and Section injury - the injury was significant enough to justify bringing an action. The long-stop period for the death or injury of a person is defined in s 87H of the Trade Practices Act 1974 (Cth) to be the period of 12 years following the act or omission alleged to have caused the death or injury, or the period as extended by the court. In accordance with s 87H of the Trade Practices Act 1974 (Cth), a court must not extend the long-stop period by more than 3 years beyond the date of discoverability for the death or injury and, before extending the period, must have regard to those factors listed in s 87H(3) of the Trade Practices Act 1974 (Cth). These limitations do not apply to proceedings in respect of the death or personal injury to a person resulting from smoking or other use of tobacco products. 10. WorkCover Time for giving notice of an injury to employer 30 days The 30 day period is from the date the person becomes aware of the injury. Accident Compensation Act 1985 (Vic) s 102(1) The Victorian WorkCover Authority or selfLegal\106186761.6 18 Type of Action Limitation Period Comments Relevant Act and Section insurer may waive or extend this period in accordance with s 102(6) of the Accident Compensation Act 1985 (Vic). Claims for medical and other similar expenses 6 months The 6 month period commences from the date that treatment is received. Accident Compensation Act 1985 (Vic) s 103(7)(d) The Victorian WorkCover Authority or selfinsurer may waive or extend this period in accordance with s 103(8) of the Accident Compensation Act 1985 (Vic). Claims for compensation for death of a worker 2 years The 2 year period is from the date of death of the relevant worker. Accident Compensation Act 1985 (Vic) s 103(7)(b) The Victorian WorkCover Authority or selfinsurer may waive or extend this period in accordance with s 103(8) of the Accident Compensation Act 1985 (Vic). Claims for an impairment benefit Claims for weekly payments No time limit. As soon as practicable All body parts affected must be listed when making the claim as only one claim may be made in respect of a particular event. Accident Compensation Act 1985 (Vic) ss 104B(5A) – (5AA) A claim must be given, served or lodged for weekly payments, as soon as practicable after the incapacity arising from the injury becomes known. Accident Compensation Act 1985 (Vic) s103(7)(a) The Victorian WorkCover Authority or selfinsurer may waive or extend this period in Legal\106186761.6 19 Type of Action Limitation Period Comments Relevant Act and Section accordance with s 103(8) of the Accident Compensation Act 1985 (Vic). Actions for damages for serious injuries which occur on or after 20 October 1999 6 years (see next column) Actions for damages for injuries which occur before 12 November 1997 3 years 11. A worker must not commence proceedings unless a serious injury certificate has been granted either by the Victorian WorkCover Authority or by a court. Accident Compensation Act 1985 (Vic) s 134AB The 3 year period is from the date the serious nature of the incapacity arising from the injury became known (unless a serious injury application had been made before 1 September 2000). Accident Compensation Act 1985 (Vic) s 135AC(b) The 21 day period commences from the date of termination of employment. Workplace Relations Act 1996 (Cth) ss 643(14) and 643(15) Workplace Termination of employment (relief for unfair or unlawful dismissal) 21 days but note comments Termination of employment (breach of 6 years common law contract) Legal\106186761.6 Please note a longer period may be allowed on application to the Australian Industrial Relations Commission and that this time period does not apply to "Freedom of Association" claims under section 792 of the Workplace Relations Act 1996 (Cth). Limitation of Actions Act 1958 (Vic) s 5(1)(a) and The 6 year period is from the time that the cause Part 2 This includes breaches of terms implied at law. 20 Type of Action Limitation Period Comments Relevant Act and Section of action accrued. An extension of time may be granted in certain circumstances, including where at the time the cause of action accrued the person was under a disability, or in the case of fraud or mistake. Proceedings against employers in relation to injuries suffered, under the Workers Compensation Act 1958 (Vic) 6 months but note comments The 6 month period commences from the date of the occurrence of the injury or, in the situation of death, the 6 month period commences from the time of death. The employee must also generally notify the employer of the injury "as soon as practicable" (but there are exceptions to this). Workers Compensation Act 1958 (Vic) s 41 Please note that a longer period may be allowed under s 41 of the Workers Compensation Act 1958 (Vic) where: it is found that an employer is not prejudiced in its defence by extending the time period; or the employer knew of the injury notwithstanding that the employee failed to notify it; the failure to notify the employer of the injury was due to mistake or absence from Victoria; or any other reasonable cause (including situations where an employee believed that they were Legal\106186761.6 21 Type of Action Limitation Period Comments Relevant Act and Section receiving payments in accordance with the Act or where they were led to believe that they would/would not be entitled to payments under the Act) 12. Other Common Limitation Periods Actions to recover money paid by way of tax 12 months The 12 month period commences from the date on which the tax is paid. Limitation of Actions Act 1958 (Vic) s 20A(2) In the case of a proceeding commenced in accordance with the provisions of another Act that provides for the refund or recovery of the money within a longer period however, the relevant time period will be that longer period. Actions commenced to recover judgment debts 15 years The 15 year period is from the date the judgment becomes enforceable. Limitation of Actions Act 1958 (Vic) s 5(4) Setting judgment debt aside As soon as possible (note discussion) Where judgment is given in circumstances where the defendant does not file a defence or appear to defend a claim, Supreme and Magistrate court rules provide that an order may be set aside on application by the defendant. Supreme Court (General Civil Procedure) Rules 2005 (Vic) r 21.07 Magistrates Court Rules 1999 (Vic) r 10.19 Note that there are no specific time limits for such application, but an applicant may object to a judgment being set aside and the court has discretion to determine if an application will proceed. Legal\106186761.6 22 Type of Action Defamation - causes of action that accrued after 1 January 2006 and which do not fall within the exceptions outlined in s 46(2) of the Defamation Act 2005 (Vic) Limitation Period 12 months Comments Relevant Act and Section The 12 month period commences from the date of publication of the matter complained of. Limitation of Actions Act 1958 (Vic) s 5(1AAA) Section 46(2) of the Defamation Act 2005 (Vic) states that the 12 month limitation period does not apply to a cause of action that has accrued after the commencement of the Act on 1 January 2006, if: (a) the post-commencement action is one of 2 or more causes of action in the proceeding commenced by the plaintiff; (b) each cause of action in the proceeding accrues because of the publication of the same, or substantially the same, matter on separate occasions (whether by the same defendant or another defendant); (c) one or more of the causes of action in the proceeding accrued before the commencement of the Defamation Act 2005 (Vic); and (d) Legal\106186761.6 the post-commencement cause of action accrued no later than 12 months after the date on which the earliest pre-commencement cause of 23 Type of Action Limitation Period Comments Relevant Act and Section action in the proceedings accrued. In accordance with s 23C of the Limitation of Actions Act 1958 (Vic), the limitation period for causes of action falling within the scope of s 46(2) of the Defamation Act 2005 (Vic) is 6 years. The republication of defamatory matter constitutes a separate cause of action and in certain circumstances the original publisher will be liable for the republication. A plaintiff may be entitled to sue the original publisher in relation to republications as a separate cause of action. Each cause of action will be taken to have accrued at the time of republication. Defamation - causes of action that accrued before 1 January 2006 and any cause of action that accrued after 1 January 2006 but which falls within the exceptions outlined in s 46(2) of the Defamation Act 2005 (Vic) 6 years The 6 year period commences on the date of publication of the matter complained of. The 6 year limitation period also applies to those causes of action that do not accrue until after 1 January 2006, but which fall within s 46(2) of the Limitation of Actions Act 1958 (Vic) s 5(1)(a) Defamation Act 2005 (Vic) (see above). The republication of defamatory matter constitutes a separate cause of action and in certain circumstances, the original publisher will Legal\106186761.6 24 Type of Action Limitation Period Comments Relevant Act and Section be liable for the republication. Victims of crime assistance 2 years A plaintiff may be entitled sue the original publisher in relation to republications as a separate cause of action. Each cause of action will be taken to accrue at the time of republication. An application must be made to the Victims of Crime Assistance Tribunal within 2 years after the occurrence of the act of violence or, in the case of an application by a related victim or a person who has incurred funeral expenses, within 2 years after the death of the primary victim. Victims of Crime Assistance Act 1996 (Vic) ss 29(1) and (2) The Tribunal must strike out an application made out of time unless it considers that, in the particular circumstances, the application ought not to be struck out. 13. Lawyer Costs disputes and other complaints Complaints against lawyers and law practices - costs Legal\106186761.6 60 days A complaint about the costs you have been charged (a “costs dispute”) is subject to strict time limits and cannot exceed $25,000. In most cases you have 60 days from the day the bill was payable in which to dispute those costs. If you have requested an itemised bill you have only 30 days after the request Legal Profession Act 2004 (Vic) 4.2.7(2) and 4.3.3(1) 25 Type of Action Limitation Period Comments Relevant Act and Section was complied with to dispute those costs. Even if you have paid the bill, you can complain within this time. In some case the Legal Services Commissioner may grant an extension of up to 4 months. If you have not paid the bill in full, in most cases, before the Legal Services Commissioner can handle your complaint, you must pay the outstanding amount to the Legal Services Commissioner. You have only 28 days from the date of making your complaint to pay the outstanding money to the Legal Services Commissioner. Complaints against lawyers and law practices - financial loss Complaints against lawyers and law practices - professional conduct Legal\106186761.6 6 years If you complain that you have suffered financial loss as a result of your lawyer’s actions, you must register your dispute within six years of those actions. Legal Profession Act 2004 (Vic) 4.2.7(1) and (3) A complaint about the professional conduct of a lawyer must be made within six years of the conduct that led to the 26 Type of Action Limitation Period Comments Relevant Act and Section complaint. Note that the Commissioner may accept a disciplinary complaint outside 6 years. Time is crucial when challenging the costs you have been charged so contact the Legal Services Commissioner if you have any queries. Fines Various, depending on stage of matter and discretion of issuing agency Fines (infringements) such as council, public transport or some police traffic fines are issued by the relevant agencies, but are dealt with under the statutory infringements system. Privacy 12 Mths The Privacy Commissioner may decide not to investigate if a complaint is made more than 12 months after the complainant became aware of the act or practice. Complaint to Health Services Commission 12 Mths from The Health Services Commissioner must date of reject a complaint about an incident that occurred more than twelve months Legal\106186761.6 Infringements Act 2006 (Vic) Depending on the stage of the fine and the discretion open to the specific agency, various actions and time limits apply. Privacy Act 1988 (Cth) s 41(1)(c) Health Services (Conciliation and Review) 27 Type of Action 14. Limitation Period Comments Relevant Act and Section incident before the complaint is made if in the Commissioner's opinion the person who made the complaint has not shown good reason for the delay. Act 1987 (Vic) s19(3) 1 month (not less than) A planning authority must give notice to various parties when it is preparing to amend a planning scheme. This requirement to give notice is subject to certain exemptions. Planning and Environment Act 1987 (Vic) s 19 Planning Amendment of planning scheme notices Any notice must: Appeals against refusal to grant Legal\106186761.6 60 days (a) be in accordance with the regulations; and (b) set a date for submissions to the planning authority which, if notice of the preparation of the amendment is given in the Government Gazette, must not be less than 1 month after the date that the notice is given in the Government Gazette. An applicant for a permit may apply to the Tribunal for review of a decision of a Planning and Environment 28 Type of Action Limitation Period permit - VCAT Comments Relevant Act and Section responsible authority to refuse to grant a permit. Act 1987 (Vic) s 77 An application must be made within 60 days of the responsible authority's notice of refusal. Planning and Environment Regulations 2005 (Vic) r 29 In respect of coastal Crown Land, pursuant to s 82AA of the Planning and Environment Act 1987 (Vic), a permit applicant has no right of appeal if the Minister has refused or is deemed to have refused consent. Appeals against requirements - VCAT 30 days or 60 days An applicant for a permit may apply to the Tribunal for review of: (c) a requirement by the responsible authority to give notice; or (d) a requirement of a responsible authority for more information. An application for review of (a) "notice" must be made within 30 days. Legal\106186761.6 Planning and Environment Act 1987 (Vic) ss 78, 29 Type of Action Limitation Period Comments Relevant Act and Section An application for review of (b) "more information" must be made within 60 days. 52(1)(d), 57B and 54 Planning and Environment Regulations 2005 (Vic) r 30(1) and (2) Appeals against failure to grant permit - VCAT 60 days (but note running of time) An applicant for a permit may apply to the Tribunal for review of the failure of the responsible authority to grant the permit within the prescribed time. Planning and Environment Act 1987 (Vic) s 79 The prescribed time is 60 days, but this time runs or does not run depending on various circumstances. Planning and Environment Regulations 2005 (Vic) r 31 In respect of coastal Crown Land, pursuant to s 82AA of the Planning and Environment Act 1987 (Vic), a permit applicant has no right of appeal if the Legal\106186761.6 30 Type of Action Limitation Period Comments Relevant Act and Section Minister has not given his/her consent. Appeals against conditions on permits - VCAT Appeals relating to extensions of time - VCAT Legal\106186761.6 60 days 60 days (but note complex rules re other time limits) An permit applicant may apply to the Tribunal for review of any condition in a permit which the responsible authority has issued or decided to grant, except a condition that a covenant be removed or varied before the permit comes into effect, so as not to result in the breach of a restrictive covenant. Planning and Environment Act 1987 (Vic) ss 80, 62(1)(aa) and 64 An application for review must be made within 60 days after: Planning and Environment Regulations 2005 (Vic) r 32 (e) the permit was issued; or (f) the responsible authority gave notice under s 64. Any person may apply to the Tribunal for review of: (a) a decision of the responsible authority refusing to extend the time within which any development or use is to be started or any development Planning and Environment Act 1987 (Vic) s 81(1), s 6A(2), Subdivision Act 1988 (Vic) 31 Type of Action Limitation Period Comments Relevant Act and Section completed; or (aa) a decision of the responsible authority refusing to extend the time in which certain subdivision plans are be certified; or (b) the failure of the responsible authority to extend the time within one month after the request for extension is made. Such application must be made within 60 days after: (g) the decision referred to above in (a) and (aa); or (h) the failure to extend the time referred to above in (b). An applicant for a permit may apply to the Tribunal for review of a decision of a responsible authority to refuse to extend the time in which information must be Legal\106186761.6 Planning and Environment Regulations 2005 (Vic) r 33(1) Planning and Environment Act 1987 (Vic) ss 81(2), 54(1A), 54A and 78(b) 32 Type of Action Limitation Period Comments Relevant Act and Section given by the applicant. Such application must be made before the last of the following to occur: Appeals where objectors - VCAT Legal\106186761.6 21 days (i) the lapse date specified in the notice under s 54(1A) of the Planning and Environment Act 1987 (Vic); (j) the new lapse date set out in a notice under s 54A of the Planning and Environment Act 1987 (Vic), if applicable (k) if the applicant for the permit has made an application to the Tribunal under s 78(b) of the Planning and Environment Act 1987 (Vic) and the Tribunal has confirmed or changed the requirement, the new lapse date determined by the Tribunal. An objector may apply to the Tribunal for review of a decision of a responsible Planning and Environment Regulations 2005 (Vic) r 33(2) Planning and Environment Act 1987 (Vic) s 82(1) 33 Type of Action Limitation Period Comments Relevant Act and Section authority to grant a permit. 15. Such application must be made within 21 days after the responsible authority gave notice of its decision to the objector under s 64 of the Planning and Environment Act 1987 (Vic). Planning and Environment Regulations 2005 (Vic) r 34 Planning schemes may set out classes of application for permits that are exempt from review by the Tribunal and therefore cannot be reviewed as above. Planning and Environment Act 1987 (Vic) s 82(2) and (3) Works approval applications must be must be: Environment Protection Act 1970 (Vic) s 19B Environment Works approval Legal\106186761.6 21 days (a) in the form and manner approved by the Authority; (b) forwarded with the prescribed fee; and (c) accompanied by such plans, specifications and other 34 Type of Action Limitation Period Comments Relevant Act and Section information, and a summary thereof, as may be required by the Authority within 21 days of receiving the initial application. The Authority must publish a notice in newspapers in Victoria and provide 21 days for any interested person or body to comment in writing on the application. The Authority must also forward a copy of the application to other interested government bodies including: protection agencies which may be affected by the application; the Secretary to the Department of Human Services; responsible authorities under the Planning and Environment Act 1987 (Vic); and the Minister administering the Mineral Resources (Sustainable Development) Act 1990 (Vic). An interested government body will have 21 days to provide its comments on the application except that a responsible authority will have 45 days to advise the Authority as to whether it supports, or Legal\106186761.6 35 Type of Action Limitation Period Comments Relevant Act and Section does not object to, or does object to the application; or if it seeks specific conditions to be attached to an issued works approval. 4 months The Authority must refuse to issue a works approval or issue a works approval subject to conditions not later than 4 months after receiving the application. Application for research, development and demonstration approval 30 days The Authority must issue or refuse to issue a research, development and demonstration approval within 30 days of receiving an application under s 19D(2) and (3). Environment Protection Act 1970 (Vic) s 19D and E Licensing of certain premises 21 days Applications for licences in respect of scheduled premises to discharge waste to the environment, undertake certain waste or hazardous substances activities or any other activity which creates a state of potential danger to the environment as described in s 20(1) of the Environment Protection Act 1970 (Vic) must be: Environment Protection Act 1970 (Vic) s 20 (d) Legal\106186761.6 in the form and manner 36 Type of Action Limitation Period Comments Relevant Act and Section approved by the Authority; and (e) Legal\106186761.6 accompanied by such plans, specifications and other information, and a summary thereof, as may be required by the Authority within 21 days of receiving the initial application. 60 days The Authority must deal with the application within 60 days by not issuing, or issuing the licence subject to any conditions it considers appropriate. 21 days If the Authority receives an application in this section which relates to a matter in respect of which a works approval has been obtained, and in the opinion of the Authority the works have been done satisfactorily then the Authority has 21 days to issue a licence from the time the application was received. 37 Type of Action Review of works approvals - VCAT Limitation Period Comments Relevant Act and Section 45 days The Authority has 45 days after notification of works being done satisfactorily to determine if this is so, unless there has been an agreement under s 67A (waiver of time limits). Environment Protection Act 1970 (Vic) s 67A 21 days An applicant for a works approval may, within 21 days of the refusal or failure to grant a works approval, apply to the Tribunal for review of this refusal or failure to grant. Environment Protection Act 1970 (Vic) s 33 An applicant for a transfer of works approval may, within 21 days of the refusal or failure to grant a works approval, apply to the Tribunal for review of this refusal or failure to grant. An applicant under either of the above may, within 21 days of a condition being imposed, apply to the Tribunal for review of this condition. A holder of a works approval may, within 21 days of a decision to amend the approval, apply to the Tribunal for review of this decision to amend. Legal\106186761.6 38 Type of Action Review of licences - VCAT Limitation Period 21 days Comments Relevant Act and Section An applicant for a licence may, within 21 days of the refusal or failure to grant a licence, apply to the Tribunal for review of this refusal or failure to grant. Environment Protection Act 1970 (Vic) s 33A An applicant for an amendment of a licence may, within 21 days of the refusal or failure to grant the amendment, apply to the Tribunal for review of this refusal or failure to grant. An applicant for a transfer of a licence may, within 21 days of the refusal or failure to grant a transfer of a licence, apply to the Tribunal for review of this refusal or failure to grant. An licence holder affected by a revocation, amendment or suspension of a licence may, within 21 days of the revocation, amendment or suspension, apply to the Tribunal for review of this revocation, amendment or suspension. An applicant required to bear the cost of a course of study may, within 21 days of being served the notice bearing the requirement, apply to the Tribunal for its Legal\106186761.6 39 Type of Action Limitation Period Comments Relevant Act and Section review. An applicant may, within 21 days of the issue, amendment or transfer of a licence where a condition is imposed on that licence, apply to the Tribunal for review of the condition. Review by third parties - VCAT 21 days Subject to various exceptions, a person whose interests are affected by the issue of a works approval, issue of a licence, amendment of a licence or removal of a licence suspension may, within 21 days of such action, apply to the Tribunal for review of the action. Environment Protection Act 1970 (Vic) s 33B The grounds of such an application are detailed in s 33B(2). Review of abatement notices - VCAT Legal\106186761.6 21 days A person whose interests are affected by a requirement specified in an abatement notice, or notice of amendment of an abatement notice may, within 21 days of service of the notice, apply to the Tribunal for review of the abatement notice or notice of amendment. Environment Protection Act 1970 (Vic) s 34 and 28B 40 Type of Action Limitation Period Comments Relevant Act and Section Review of pollution abatement notices - VCAT 21 days A person whose interests are affected by a requirement specified in a pollution abatement notice, or notice of amendment of an abatement notice may, within 21 days of service of the notice, apply to the Tribunal for review of the pollution abatement notice or notice of amendment. Environment Protection Act 1970 (Vic) s 35 and 31A Review of a decision regarding submission of directed proposal VCAT 21 days A person whose interests are affected by a decision of an Authority under s 19AG (submission of directed proposal) may, within 21 days of the decision, apply to the Tribunal for review of the decision. Environment Protection Act 1970 (Vic) s 35A and 19AG Review of removal of litter directions and litter abatement notices - VCAT 28 days A person who receives a direction to remove litter under s 45Y, or litter abatement notice under s 45ZB may, within 21 days of the decision or notice, apply to the Tribunal for review of the decision. Environment Protection Act 1970 (Vic) s 36AA, 45Y and 45ZB Review is on the grounds that the decision or notice is oppressive, unjust or unreasonable. Review in respect of a permit - VCAT Legal\106186761.6 21 days An applicant for a permit, or renewal of a permit, whose interests are affected by Environment Protection Act 41 Type of Action Limitation Period Comments Relevant Act and Section the non-issue, issue subject to terms or conditions or refusal to renew may, within 21 days of the decision, apply to the Tribunal for review. 1970 (Vic) s 36A Review in respect of fees incorrectly calculated - VCAT 21 days A person required to pay a fee under the Environment Protection Act 1970 (Vic) may, within 21 days of being required to pay the fee, apply to the Tribunal for review of the fee on the ground that it has been incorrectly calculated. Environment Protection Act 1970 (Vic) s 36B Review of notices imposing certain requirements - VCAT 21 days A person served a notice imposing a requirement to obtain an ecological impact statement, or to take action to address major inefficiencies or impacts, or an amendment to these requirements may, within 21 days of receipt of the notice, apply to the Tribunal for review of the decision. Environment Protection Act 1970 (Vic) s 36BA, 49AF, 49AH and 49AL Review in respect of financial assurances - VCAT 21 days A person whose interests are affected by a decision under s 67B(7) (application in writing to have a financial assurance amended or discharged) may within 21 days of receipt of the notice, apply to the Tribunal for review of the decision. Environment Protection Act 1970 (Vic) s 36C and 67B(7) Legal\106186761.6 42 Legal\106186761.6 43