Victorian Current Acts Victorian Current Acts(1) This section applies to any action for damages for negligence nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provision) where the damages claimed consist of or include damages in respect of personal injuries to any person.
(2) Where an application is made to a court by a person claiming to have a cause of action to which this section applies, the court, subject to subsection (3) and after hearing such of the persons likely to be affected by that application as it sees fit, may, if it decides that it is just and reasonable so to do, order that the period within which an action on the cause of action may be brought be extended for such period as it determines.
(3) In exercising the powers conferred on it by subsection (2) a court shall have regard to all the circumstances of the case including (without derogating from the generality of the foregoing) the following—
(a) the length of and reasons for the delay on the part of the plaintiff;
(b) the extent to which, having regard to the delay, there is or is likely to be prejudice to the defendant;
(c) the extent, if any, to which the defendant had taken steps to make available to the plaintiff means of ascertaining facts which were or might be relevant to the cause of action of the plaintiff against the defendant;
(d) the duration of any disability of the plaintiff arising on or after the date of the accrual of the cause of action;
(e) the extent to which the plaintiff acted promptly and reasonably once he knew that the act or omission of the defendant, to which the injury of the plaintiff was attributable, might be capable at that time of giving rise to an action for damages;
(f) the steps, if any, taken by the plaintiff to obtain medical, legal or other expert advice and the nature of any such advice he may have received.
(4) The powers conferred on a court by subsection (2) may be exercised at any time notwithstanding—
S. 23A(4)(a) substituted by No. 52/2002 s. 3(5).
(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
(b) that an action in respect of such personal injuries has been commenced.
S. 23A(5) amended by No. 57/1989 s. 3(Sch. item 118.2(a)(b)).
(5) An application under this section shall be made by summons in the jurisdiction in which an action has been or is proposed to be brought and a copy of that summons shall be served on each person against whom the claimant claims to have the cause of action, provided that the Supreme Court may give leave to bring an action in any court which seems to it appropriate.
S. 23A(6) inserted by No. 60/2003 s. 13.
(6) Except as provided by section 27M(2), this section does not apply to an action to which Part IIA applies.
Pt 2 Div. 2A (Heading and ss 23B, 23C) inserted by No. 75/2005 s. 48.
Division 2A—Defamation
S. 23B (Heading) amended by No. 35/2020 s. 42(1).
S. 23B inserted by No. 75/2005 s. 48.