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
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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.
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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
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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.
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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