Limitation of Actions (Amendment) Act 2002
i
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
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1
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.
Victoria
No. 52 of 2002
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Act No. 52/2002
Limitation of Actions (Amendment) Act 2002
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3. Limitation of actions for personal injuries
(1) In section 5(1)(a) of the Limitation of Actions
Act 1958—
(a) for "Actions founded on simple contract"
substitute "Subject to sub-sections (1AA)
and (1A), actions founded on simple
contract";
(b) omit "(subject to sub-section (1A)),".
(2) After section 5(1) of the Limitation of Actions
Act 1958 insert—
"(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".
s. 3
See:
Act No.
6295.
Reprint No. 7
as at
23 April 1998
and
amending
Act Nos
52/1998,
74/2000 and
54/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
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Limitation of Actions (Amendment) Act 2002
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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
Sections 5, 23 and 23A, as amended by
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
Despite anything to the contrary in this Act,
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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s. 4
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Limitation of Actions (Amendment) Act 2002
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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
Endnotes
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