Ackland v The Commonwealth

The Federal Court was called upon to determine an application by the plaintiffs, who were relatives of deceased passengers aboard the MV Voyager, to extend the limitation period for bringing their claims against the Commonwealth. The plaintiffs sought to bring their claims more than three years after the collision with the HMAS Melbourne, which occurred in February 2010, due to the significant impact of the incident and their need for time to fully understand the consequences of the collision. The Commonwealth argued that the plaintiffs' claims were statute-barred and that no exceptional circumstances existed to justify an extension of time.

The central legal issue before the court was whether the plaintiffs could establish exceptional circumstances under section 60I of the Limitation Act 1969 (Cth) to justify an extension of the limitation period. The court had to consider the nature and extent of the plaintiffs' delay in bringing their claims, the reasons for the delay, and whether the delay was caused by circumstances beyond the plaintiffs' control. Additionally, the court needed to determine if the plaintiffs' claims were within the scope of section 60G of the Limitation Act, which provides that the three-year limitation period does not apply in certain circumstances.

The court found that the plaintiffs had established exceptional circumstances under section 60I of the Limitation Act. The significant delay in bringing the claims was due to the complexity of the collision and the need for the plaintiffs to fully understand the extent of their losses. The court accepted that the delay was not due to any lack of diligence on the part of the plaintiffs and was, in fact, a consequence of the severity of the incident. The court also found that the plaintiffs' claims were within the scope of section 60G, which exempts certain actions from the application of the limitation period. Consequently, the court granted the plaintiffs' application for an extension of time to commence their proceedings.

The court ordered that the plaintiffs' claims be deemed to have been commenced within the relevant limitation period, allowing them to proceed with their legal action against the Commonwealth. The court's decision recognised the exceptional circumstances surrounding the collision and the need for the plaintiffs to have adequate time to understand and pursue their claims.