Victorian Current Acts Victorian Current Acts(1) A person claiming to have a cause of action for defamation may apply to a court for an order extending the limitation period for the cause of action.
S. 23B(2) substituted by No. 35/2020 s. 42(2).
(2) The court may extend the limitation period applicable under section 5(1AAA) to (1AAC) to a period of up to 3 years running from the date of the alleged publication of the matter if the plaintiff satisfies the court that it is just and reasonable to allow an action to proceed.
S. 23B(3) substituted by No. 35/2020 s. 42(2).
(3) In determining whether to extend the limitation period, the court is to have regard to all of the circumstances of the case and in particular to—
(a) the length of, and the reasons for, the plaintiff's delay; and
(b) if a reason for the delay was that some or all of the facts relevant to the cause of action became known to the plaintiff after the limitation period expired—
(i) the day on which the facts became known to the plaintiff; and
(ii) the extent to which the plaintiff acted promptly and reasonably once the plaintiff knew whether or not the facts might be capable of giving rise to an action; and
(c) the extent, having regard to the delay, to which relevant evidence is likely to be unavailable or less cogent than if the action had been brought within the limitation period.
(4) If a court orders the extension of a period of limitation applicable to a cause of action under this section, that period of limitation is accordingly extended for the purposes of an action brought by the applicant in that court on the cause of action that the applicant claims to have.
(5) An order for the extension of a limitation period, and an application for such an order, may be made under this section even though the limitation period has already expired.
S. 23C inserted by No. 75/2005 s. 48.