Time Limits - Occupiers, Public Liability and other Compensation Claims
Our People:
If a claim is to be pursued, legal proceedings must generally be issued within 3 years from the date on which the cause of action is discoverable. For a person under a legal disability (e.g. under the age of 18 years or mentally impaired), legal proceedings must generally be issued within 6 years from the date of discoverability, although in certain circumstances the period can be to a maximum of 12 years from the actual date of injury.
If legal proceedings are not issued within time a potential claim may become barred unless a successful application is made to the Court for an extension of time. This can be expensive and the Court will not automatically extend time without good reason.
A cause of action is discoverable from the date on which the injured person (or alternatively the Guardian where the injured person is under a legal disability) ought to have known the following facts:-
(i) that an injury has been sustained;
(ii) that the injury was caused by the fault of the Defendant;
(iii) that the injury was sufficiently serious to justify bringing legal proceedings.
A person must take reasonable steps to ascertain these facts and unreasonable delay may prevent a claim.
For advice contact Galbally & O’Bryan
Our Occupiers, Public Liability and other Compensation Claims lawyers are available to provide advice.
We are located in Melbourne, Dandenong and Pakenham.
Contact us now, or email Nicholas O'Bryan directly at nobryan@galballyobryan.com.au.
How to contact our Office
Melbourne Office
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E enquiries@galballyobryan.com.au
Dandenong Office
Shop 9/147-151 Foster Street
DANDENONG VIC 3175
T (03) 9769 2510
E dandenong@galballyobryan.com.au
Pakenham Office
Shop 1, 15 John Street
PAKENHAM VIC 3810
T (03) 5941 7990
E pakenham@galballyobryan.com.au