---
title: "Calculate Victorian limitation periods for the estate and the dependants"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-FM20261023-7-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Calculate Victorian limitation periods for the estate and the dependants

> In a firm-controlled tool, make two rows for the estate claim and the Part III claim, and calculate the section 27D period and the section 27H long-stop from the dates supplied. Do not decide that a claim is in time.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | In a firm-controlled tool, make two rows for the estate claim and the Part III claim, and calculate the section 27D period and the section 27H long-stop from the dates supplied. Do not decide that a claim is in time. |
| What the lawyer must review | Decide whether this Part applies before either period is used. For a Part III action, run the long-stop from the date of death. Use section 27G for a survivor action, not as the dependency rule. |
| Written for | Victoria |
| Applies to | [Work out the limitation period for a dependency claim separately from the surviving claim](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th.md) |

## Checking plan

**Victorian fatal limitation**

The tool runs the discoverability period and the 12-year long-stop, and runs the Part III long-stop from the death. The lawyer decides whether the Part applies.

- What the AI does: In a firm-controlled tool, make two rows for the estate claim and the Part III claim, and calculate the section 27D period and the section 27H long-stop from the dates supplied. Do not decide that a claim is in time.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Calculate the earlier of three years from discoverability and 12 years from the act or omission.
2. For Part III, treat the long-stop as running from the death, under section 27H.
3. Section 27D(2) takes the section off only a cause of action founded on personal injury to a person who was under a disability at the date of the act or omission. It does not, by itself, take the section off a Part III claim.
4. Do not decide the claim is in time.

## Notes

- Section 27D(1) of the Limitation of Actions Act 1958 says an action to which the Part applies shall not be brought after the earlier of three years from the date the cause of action is discoverable by the plaintiff, and 12 years from the act or omission alleged to have resulted in the death or personal injury. Section 27D(2) says that 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. Section 27H says that for a cause of action under Part III of the Wrongs Act 1958 the long-stop limitation period is deemed to run from the date of death. Subject to section 27I, section 27G deems a survivor action discoverable at the earliest of three dates: the date it is discoverable by the deceased, if that date is more than three years before the death; the date of appointment of the plaintiff as executor or administrator, if the cause of action is discoverable by the plaintiff at or before that appointment; and the date it is discoverable by the plaintiff, if that date is after the appointment. Section 27I applies if the victim was a minor at the date of the act or omission and the defendant was then a parent or guardian of the victim, or a close associate of that parent or guardian. The cause of action is then deemed discoverable when the victim turns 25, or when it is actually discoverable, whichever is later. The long-stop is 12 years from when the victim turns 25. A close associate is a person whose relationship with the parent or guardian is such that the parent or guardian might be influenced not to sue that person, or the victim might be unwilling to disclose the act or omission. If the victim dies before turning 25, those references to turning 25 are read as the date of death. Section 27B, which states what the Part applies to, was not opened.
- Family, wage and medical records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Victoria: Limitation of Actions Act 1958 ss 27D, 27G and 27H

**Deliverable**: A two-row limitation table with the start event, the period and the calculated last day.

**Inputs**

- Date of the act or omission
- Date of death
- Date the cause of action was discoverable
- Date of any grant

**Example**: Illustrative example: The act was 13 years before death, and the Part III claim is brought two years after death. The tool shows section 27H running the long-stop from the death, and leaves the in-time finding blank. The lawyer confirms the Part applies.

**Stop and escalate when**

- Section 27B has not been opened and the Part is assumed to apply.
- One clock is used for both claims without the section saying so.

Checked 2026-10-23.

## Sources

- [Limitation of Actions Act 1958 (Vic) s 27D](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27d.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) s 27H](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27h.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) s 27G](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27g.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*