Victorian Current Acts

LIMITATION OF ACTIONS ACT 1958 - SECT 27QE

    (1)     On an application under section 27QD or otherwise in a proceeding on an action referred to in section 27QA(2), the court, if satisfied that it is just and reasonable to do so—

        (a)     may make an order setting aside the settlement agreement and any judgment or order giving effect to the settlement of the previously settled cause of action, whether wholly or in part; and

        (b)     may make any other order that it considers appropriate in the circumstances.

    (2)     In hearing and determining any action to which this Division applies on a previously settled cause of action, the court, if satisfied that it is just and reasonable to do so—

        (a)     when awarding damages in relation to the action, may take into account any consideration (whether monetary or non-monetary) paid, payable or given or to be given under—

              (i)     a settlement agreement set aside under this section; or

              (ii)     any other agreement related to the settlement that has been set aside under this section; and

        (b)     when awarding costs in relation to the action, may take into account any amounts paid or payable as costs under—

              (i)     a settlement agreement set aside under this section; or

              (ii)     any other agreement related to the settlement that has been set aside under this section.

S. 27QF inserted by No. 30/2019 s. 32.