Set out the Victorian personal-injury limitation period while a prosecution continues
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the incident date, the discoverability date the lawyer has already nominated, and the charge dates, set out the periods in sections 27B and 27D. Do not choose the discoverability date, do not treat the prosecution as stopping time, and do not write advice on whether to sue.
- What the lawyer must review
- Decide whether this Part applies and what the discoverability date is
- Do not treat a pending prosecution as stopping time. The opened sections do not say that.
- Write any advice on whether to issue. Nothing generated is that advice
- Use a firm-controlled tool for health records. ASCR r 9, APP 11 and the Privacy Act 1988 (Cth) apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Limitation of Actions Act 1958 (Vic), personal injury
Produce. A date table under sections 27B and 27D. The lawyer writes the advice.
Have ready. Incident date; Discoverability date the lawyer has nominated; Charge dates; Sections 27B and 27D.
Example of the limit. Illustrative example: The incident was four years ago and a prosecution is still listed. The table shows the 3-year and 12-year periods from the dates the lawyer supplied, and a blank for whether to issue. It does not say the prosecution stops time.
Stop and hand it back when
- No discoverability date has been nominated.
- The claim is a transport, workers, dust or tobacco claim excluded by s 27B.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Section 27B applies the Part to damages for death or personal injury, whether in tort, contract, statute or otherwise. It excludes specified workers compensation and transport accident actions, and actions for a dust-related condition or for injury from tobacco.
- Section 27D says the action shall not be brought after the earlier of 3 years from when the cause of action is discoverable by the plaintiff, and 12 years from the act or omission.
- Section 27D(2) says the section does not apply to a cause of action founded on personal injury to a person who was under a disability at the date of the act or omission. The discoverability definition was not opened. Do not paraphrase it.
- Put the charge dates on the table. Do not write that they suspend either period. The opened sections do not say that.
Sources
- Limitation of Actions Act 1958 (Vic) s 27D · 2026-10-23
- Limitation of Actions Act 1958 (Vic) s 27B · 2026-10-23
The lawyer nominates the discoverability date. The table does not choose it.
Nothing generated is filed, and nothing generated is the advice on whether to sue.
Medical records used to date the injury stay in a firm-controlled tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).