Limitation of Actions (Amendment) Act 2002 (Vic)

Limitation of Actions (Amendment) Act 2002

Act No. 52/2002

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Limitation of actions for personal injuries	2
4.	New sections 38, 39 and 40 inserted	3
38.	Supreme Court—limitation of jurisdiction	3
39.	Transitional	3
40.	Saving	3

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ENDNOTES 4

i

Victoria

No. 52 of 2002

Limitation of Actions (Amendment) Act

2002†

[Assented to 4 November 2002]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Limitation of Actions Act 1958 to limit further the period within which certain actions for damages for personal injuries can be brought.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

Limitation of Actions (Amendment) Act 2002

Act No. 52/2002 s. 3

3. Limitation of actions for personal injuries

See:

(1) In section 5(1)(a) of the Limitation of Actions	Act No.
Act 1958—	6295. Reprint No. 7

(a) for "Actions founded on simple contract"	as at 23 April 1998
substitute "Subject to sub-sections (1AA)	and
and (1A), actions founded on simple	amending Act Nos
contract";	52/1998, 74/2000 and
(b) omit "(subject to sub-section (1A)),".	54/2001. LawToday:

(2) After section 5(1) of the Limitation of Actions	dpc.vic.
Act 1958 insert—	gov.au

"(1AA) Subject to sub-section (1A), an action for

damages in respect of personal injuries must not be brought after the expiration of 3 years from the date on which the cause of action

accrued.".

(3) In section 5(1A) of the Limitation of Actions Act

1958 for "six years" substitute "3 years".

(4) In section 23(1) of the Limitation of Actions Act

1958 after "prescribed by this Act" (where
secondly occurring) insert "(except under section

5(1AA) or (1A))".

(5) In section 23A(4) of the Limitation of Actions

Act 1958 for paragraph (a) substitute—

"(a) that—

(i)  in the case of an action to which section 5(1AA) or (1A) applies (not being an action to which section 23(1) applies), more than 3 years has expired since the cause of action accrued; and

(ii)  in any other case more than 6 years has expired since the cause of action accrued; or".

Limitation of Actions (Amendment) Act 2002

s. 4 Act No. 52/2002

4. New sections 38, 39 and 40 inserted

After section 37 of the Limitation of Actions Act

1958 insert—

"38. Supreme Court—limitation of jurisdiction

It is the intention of section 5, as amended by
the Limitation of Actions (Amendment)
Act 2002, to alter or vary section 85 of the

Constitution Act 1975.

39.

Transitional section 3 of the Limitation of Actions (Amendment) Act 2002, apply to causes of action that accrue on or after the commencement of that section 3.

40.

Saving this Act as in force immediately before the commencement of section 3 of the Limitation of Actions (Amendment) Act 2002 continues to apply to—

(a)	actions for damages to which Part IV of the Accident Compensation Act 1985 applies; and
(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 to compensation under that Act; and
(c)	actions for damages to which Part 6 or Part 10 of the Transport Accident Act 1986 applies.".

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Limitation of Actions (Amendment) Act 2002

Act No. 52/2002 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 17 October 2002

Legislative Council: 31 October 2002

The long title for the Bill for this Act was "to amend the Limitation of
Actions Act 1958 to limit further the period within which certain actions

for damages for personal injuries can be brought."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 17 October 2002

Legislative Council: 31 October 2002

Absolute majorities:

Legislative Assembly: 29 October 2002

Legislative Council: 31 October 2002