What time limits apply?

According to the Limitation of Actions Act (1958), an action for damages for personal injury must be brought:

• within 6 years of the date of the injury
• within 6 years of a minor turning 18.

If a writ is not issued before the expiry date the claimant may lose the right to sue at common law. In most cases the TAC will maintain the action is invalid because it was commenced outside the statutory 6 year time limit. The TAC, however may decide not to use this defence in certain circumstances.

When is the limitations defence waived?

Refer to the TAC protocols page for further information on the Common Law Time Limit protocols and the procedure to follow.

Can the limitation period be extended by a court?

Yes, under the Limitation of Actions Act (1958), a claimant can apply to the court to have the limitation period extended.

For further information about TAC policies contact the TAC on 1300 654 329. Alternatively, email policy@tac.vic.gov.au.