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Injury Compensation

Time Limits - Occupiers, Public Liability and other Compensation Claims

Check if you have a claim

 

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.

Contact us now, or email Nicholas O'Bryan directly at nobryan@galballyobryan.com.au.

Check if you have a claim

Contact our personal injury lawyers

Melbourne Office
259 William Street 
MELBOURNE VIC 3000 

T (03) 9200 2533 
enquiries@galballyobryan.com.au 

Dandenong
T (03) 9769 2510 
dandenong@galballyobryan.com.au 

Pakenham
T (03) 5941 7990 
pakenham@galballyobryan.com.au

 
The information on this website is of a general nature only and may not reflect recent changes to certain areas of law. It should not be relied upon as a substitute for discussing your situation with a qualified legal practitioner.  Contact us for more information.