Victorian Current Acts

LIMITATION OF ACTIONS ACT 1958 - SECT 27F

    (1)     For the purposes of this Part, a cause of action is discoverable by a person on the first date that the person knows or ought to have known of all of the following facts—

        (a)     the fact that the death or personal injury concerned has occurred;

        (b)     the fact that the death or personal injury was caused by the fault of the defendant;

        (c)     in the case of personal injury, the fact that the personal injury was sufficiently serious to justify the bringing of an action on the cause of action.

    (2)     A person ought to know of a fact at a particular date if the fact would have been ascertained by the person had the person taken all reasonable steps before that date to ascertain the fact.

    (3)     In determining what a person knows or ought to have known, a court may have regard to the conduct and statements, oral or in writing, of the person.

    (4)     To remove doubt, a cause of action that arises under Part III of the Wrongs Act 1958 is not discoverable before the date of death of the deceased.

S. 27G inserted by No. 60/2003 s. 14.