TABLE OF LIMITATION DATES APPLICABLE IN VICTORIA 1

Transcription

1 TABLE OF LIMITATION DATES APPLICABLE IN VICTORIA 1 (CURRENT AS AT MARCH 2008) 1 Published by Advocacy & Rights Centre Ltd, 29 Queen Street, Bendigo, Victoria. The Loddon Campaspe Community Legal Centre is a program of the Advocacy & Rights Centre Ltd. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Clayton Utz Lawyers in the preparation of certain sections of this resource. Clayton Utz does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Arnold Dallas McPherson Lawyers in the preparation of certain sections of this resource. Arnold Dallas McPherson does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Advocacy & Rights Centre Ltd does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on its accuracy. Legal\

2 TABLE OF LIMITATION DATES APPLICABLE IN VICTORIA 2 (CURRENT AS AT MARCH 2008) PLEASE NOTE: This table does not constitute legal advice and has been prepared as a guide only. It is a table of the relevant provisions from the relevant legislation. It is non-exhaustive and not comprehensive and does not cover relevant case law. Advising clients on time limits is absolutely crucial. Failure to properly advise clients of limitation dates may give rise to liability in negligence. This table is not an exhaustive list of all relevant limitation periods (nor those provisions that may be used in order to seek an extension of a particular limitation period) in the State of Victoria. If in doubt as to the limitation period for a particular cause of action, consult the of Actions Act 1958 (Vic) and/or any relevant governing legislation and case law. The time when a particular cause of action "accrues" will often impact on the date on which a limitation period concludes. Exactly when a cause of action accrues however, will differ in relation to each and every claim. For example, for breach of contract, the cause of action generally accrues from the date on which the breach occurs and for actions in tort, the cause of action generally accrues from the date on which the loss is suffered. If in doubt as to when a cause of action accrues, guidance should be sought from any relevant case law and/or legislation governing the particular claim. PLEASE ENSURE: All clients are advised of any relevant time limits. The advice given in relation to time limits is recorded in file notes and the CLSIS statistics sheet. 2 Published by Advocacy & Rights Centre Ltd, 29 Queen Street, Bendigo, Victoria. The Loddon Campaspe Community Legal Centre is a program of the Advocacy & Rights Centre Ltd. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Clayton Utz Lawyers in the preparation of certain sections of this resource. Clayton Utz does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Loddon Campaspe Community Legal Centre gratefully acknowledges the pro bono assistance of Arnold Dallas McPherson Lawyers in the preparation of certain sections of this resource. Arnold Dallas McPherson does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on it. The Advocacy & Rights Centre Ltd does not warrant the accuracy of this resource and will not be held responsible for any reliance placed on its accuracy. Legal\

3 CONTENTS 1. Contract Discrimination and Equal Opportunity Infringement Notices Motor Vehicle Property and Maintenance Child Maintenance and Child Support Testamentary Tort Trade Practices and Consumer Protection WorkCover Workplace Other Common s Lawyer Costs disputes and other complaints Planning Environment Legal\

4 1. Contract Claims for breach of contract 6 years This includes breaches of contracts implied in law. of Actions Act 1958 (Vic) s 5(1)(a) The 6 year period is from the time that the cause of action accrued. An extension of time may be granted, in the case of fraud or mistake, in accordance with s 27, or disability, in accordance with s 23 of the of Actions Act 1958 (Vic). 15 years An action upon a bond or any other specialty (such as a deed) shall not be brought after the expiration of 15 years from the date on which the cause of action accrued, provided that this shall not affect any action for which a shorter period of limitation is prescribed by any other provision of the of Actions Act 1958 (Vic). of Actions Act 1958 (Vic) s 5(3) 2. Discrimination and Equal Opportunity Discrimination claims (Commonwealth jurisdiction) 12 months but note comments This includes claims made under the Age Discrimination Act 2004 (Cth), Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth) and Disability Discrimination Act 1992 (Cth). Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 3 and 46PH(1)(b) The President of the Human Rights and Equal Legal\

5 Opportunity Commission may terminate a complaint if the complaint was lodged more than 12 months after the alleged unlawful discrimination took place. Discrimination claims (State jurisdiction) 12 months but note comments The Equal Opportunity Commission may decline to entertain a complaint if it relates to an alleged contravention of the Equal Opportunity Act 1995 (Vic) that took place more than 12 months before the complaint was lodged. Equal Opportunity Act 1995 (Vic) s 108(1)(c) 3. Infringement Notices Issue of an infringement warrant 28 days An infringements registrar must issue an infringement warrant against a person to whom an enforcement order notice is sent if the person, for a period of more than 28 days, defaults in the payment of the outstanding amount of a fine or payment order. Execution of infringement warrant 7 days No steps can be taken to formally execute an infringement warrant, unless the person in respect of whom the infringement warrant has been issued is also given a seven day notice, warning of each of the enforcement mechanisms available under s 82 of the Infringements Act 2006 (Vic) if, within 7 days of the seven day notice being served, they do not: Infringements Act 2006 (Vic) s 80(1) Infringements Act 2006 (Vic) s 88(1)(a) pay the outstanding amount of the fine; Legal\

6 apply for a payment order; or apply for the revocation of the enforcement order. 4. Motor Vehicle Compensation following a motor vehicle accident Time for reporting a transport accident to the Commission 12 months The 12 month period for compensation claims is from the date that the accident or subsequent death occurred. If the injury did not manifest itself at the time of the accident, the 12 month period commences from the date that the injury first became apparent. If the injured person is a minor at time of accident, that person, or a person on their behalf has 12 months from the person attaining 18 years of age within which to make a claim. An extension of time may be granted in accordance with s 68(2) of the Transport Accident Act 1986 (Vic). 28 days An accident must be reported to Transport Accident Commission ("TAC") within 28 days of receiving a notice of request to make such a report from the TAC. Transport Accident Act 1986 (Vic) ss 68(1) and (3) Transport Accident Act 1986 (Vic) s 64(1) and (3) Review of a decision of the Transport 12 months A person whose interests are affected by a decision of the TAC may, within 12 months of Transport Accident Act Legal\

7 Accident Commission 5. Property and Maintenance becoming aware of the decision, apply to VCAT for review. This is a strict time limit and cannot be extended (Vic) s 77 Actions for negligence in relation to property damage Action to recover land (adverse possession) Property and maintenance claims - married parties (including bankruptcy trustees) 6 years The 6 year period is from the time that the cause of action accrued. If the claim is for a debt or other liquidated claim, time may be extended by acknowledgement or part payment in accordance with ss of the of Actions Act 1958 (Vic). 15 years The 15 year period is from the time that the cause of action accrued. A cause of action does not accrue however, until the land is in the adverse possession of some person, in whose favour the period of limitation can run. Time may be extended by acknowledgement or part payment in accordance with ss of the of Actions Act 1958 (Vic). 12 months The 12 month period commences from the date that a divorce order takes effect or the date that a decree of nullity of marriage has been made. An extension of time may be granted with leave of the Court. of Actions Act 1958 (Vic) s 5(1)(a) of Actions Act 1958 (Vic) ss 8 and 14 Family Law Act 1975 (Cth) s 44(3) Legal\

8 Property claims - de facto relationships (domestic partners) 2 years The 2 year period commences from the date that the relationship ended. An extension of time may be granted in accordance with s 282(2) of the Property Law Act 1958 (Vic). Property Law Act 1958 (Vic) s 282(1) 6. Child Maintenance and Child Support Childbirth Maintenance 12 months from the date of birth The cause of action is restricted women who are not married to the fathers of their children. Family Law Act 1975 (Cth) ss 67B & G. 7. Testamentary Challenges to the distribution of property under the will of a deceased person 6 months The 6 month period commences following the grant of probate of the will or letters of administration but is suspended if someone challenges the distribution under Part V of the Administration and Probate Act 1958 (Vic). The court may give an extension of time so long as the estate has not been completely distributed. Administration and Probate Act 1958 (Vic) s 99 Removal of an executor or administrator None Application to the Supreme Court may be made if the executor or administrator: Administration and Probate Act 1958 (Vic) s 34(1) (a) (b) remains out of Victoria for more than two years; wants to be discharged from the office; or Legal\

9 (c) refuses or is unfit to act or is incapable of acting. 8. Tort General tortious claims 6 years The 6 year period is from the date on which the cause of action accrued. of Actions Act 1958 (Vic) s 5(1)(a) This includes actions commenced for breach of a statutory duty. Claims in tort for pure economic loss 6 years The 6 year period is from the date on which the cause of action accrued. of Actions Act 1958 (Vic) s 5(1)(a) Death or personal injury - causes of action where the act or omission alleged to have resulted in the death or personal injury with which the action is concerned occurred on or after 21 May 2003 (and as from 1 October 2003, all causes of action, no matter when the act or omission occurred, unless proceedings had already been commenced prior to this date) Various (see next column) The limitation period is either: (a) (b) 12 years from the date of the act or omission which is alleged to have resulted in the death or injury with which the action is concerned; or 3 years from the date on which the cause of action was discoverable in accordance with s 27F of the s of Actions Act 1958 (Vic), of Actions Act 1958 (Vic) ss 5(1AA), 27B, 27D and 27N whichever expires first, regardless of whether the action for damages is founded in tort, in Legal\

10 contract, under statute or otherwise. An extension of time may be granted in accordance with s 27K of the of Actions Act 1958 (Vic). Sections 27B and 27D of the of Actions Act 1958 (Vic) however, do not apply to any of the following: (a) (b) (c) (d) (e) actions for damages to which Part IV of the Accident Compensation Act 1985 (Vic) applies; actions for damages in respect of an injury which entitles, or may entitle, a worker within the meaning of the Workers Compensation Act 1958 (Vic) to compensation under that Act; actions for damages to which Part 6 or Part 10 of the Transport Accident Act 1986 (Vic) applies; actions for damages in respect of an injury that is a dust-related condition within the meaning of the Administration and Probate Act 1958 (Vic); or actions for damages in respect of Legal\

11 Personal injury - causes of action where the act or omission alleged to have resulted in the death or personal injury with which the action is concerned occurred before 21 May 2003, for which proceedings had already been commenced prior to 1 October 2003 Compensation for wrongful death - causes of action accruing between 11 May 1977 and 20 May 2003 Personal injury consisting of a disease or disorder an injury resulting from smoking or other use of tobacco products (within the meaning of the Tobacco Act 1987 (Vic)) or exposure to tobacco smoke. 6 years The 6 year period is from the date on which the cause of action accrued. An extension of time may be granted in accordance with s 23A of the of Actions Act 1958 (Vic). Note that this section may no longer be relevant. 6 years The 6 year period is from the date of death, or where the injury causing death consisted of a disease or disorder contracted by a person and that person did not know before they died that they had suffered the injury and the injury was caused by the act or omission of some other person, 6 years after first discovering the disease or disorder. 3 years The 3 year period is from the date the person first knows that they have suffered personal injuries and that those injuries were caused by the act or omission of some person. An extension of time may be granted in accordance with s 27K of the of Actions of Actions Act 1958 (Vic) s 5(1)(a) Wrongs Act 1958 (Vic) s 20(1) of Actions Act 1958 (Vic) s 5(1A) Legal\

12 Act 1958 (Vic). 9. Trade Practices and Consumer Protection Consumer disputes commenced under the Fair Trading Act 1999 (Vic) Disputes arising in relation to the purchase of motor vehicles from a Motor Car Trader Actions for s 82 damages and/or s 87 orders pursuant to a contravention of Part IV, IVA, IVB or V of the Trade Practices Act 1974 (Cth) 6 years The 6 year period applies to all actions for damages for the contravention of a provision of the Act and commences from the date on which the cause of action accrued. 3 months The 3 month period within which a purchaser may apply to the Magistrates' Court commences from the date that the sale agreement was entered into. If a purchaser has notified the motor car trader of their complaint not later than 3 months after the agreement is entered into however, they may still apply to the Magistrates' Court for the rescission of the agreement on the ground of their complaint, but not later than 1 month after that notification. "Motor Car Trader" is defined in s 7A of the Motor Car Traders Act 1986 (Vic) as any person who buys, sells or exchanges four or more motor cars (or who offers to do so), either as a principal or agent, over a period of 12 months. There are a number of exceptions however, contained in s 7A of the Motor Car Traders Act 1986 (Vic). 6 years Includes claims made in relation to misleading or deceptive conduct, unconscionable conduct, false or misleading representations, product safety and product information, implied undertakings as to quality or fitness for purpose Fair Trading Act 1999 (Vic) s 159(3) Motor Car Traders Act 1986 (Vic) ss 7A, 45(2) and 45(3) Trade Practices Act 1974 (Cth), s 82(2), s 87(1A), s87(1ca) Legal\

13 and unsuitable goods. However, section 51AF(1) of the Trade Practies Act 1974 (Cth) provides that claims with respect to the supply, or possible supply, of services that are financial services, are not actionable under Parts V, VC, s 51AA, or 51AB of the Trade Practices Act 1974 (Cth). An action may be commenced at any time within 6 years after the day on which the cause of action that relates to the conduct accrued. However, this limitation period does not apply to the following: (a) (b) (c) (d) claims pursuant to s 51AA which concern death or personal injury; actions commenced under Part V Division 2A in relation to implied warranties; claims made in relation to defective goods under Part VA of the Trade Practices Act 1974 (Cth); and occupational liability claims, to Legal\

14 which state limitations statutes instead apply: s 87AB of the Trade Practices Act 1974 (Cth). 6 years Note that ss 12 DA and 12DB of the Australian Securities and Investments Commission Act 2001 (Cth) regulate misleading or deceptive conduct and false or misleading representations in trade or commerce in relation to financial services, s 12DC regulates such conduct in relation to financial products involving land, and ss 12DD to 12 DN regulate other conduct in relation to financial services. Section 12GF(2) provides that actions for the contravention of these provisions must be commenced within 6 years after the day on which the cause of action that relates to the conduct accrued. Note also that section 1041H(1) of the Corporations Act 2001 (Cth) provides that, a person must not, in this jurisdiction, engage in conduct, in relation to a financial product or a financial service, that is misleading or deceptive or is likely to mislead or deceive and that section 1041I(2) provides that actions may be begun at any time within 6 years after the day on which the cause of action arose. Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA to DN and 12 GF(2) Corporations Act 2001 (Cth) ss 1041H(1) and 1041I(2) Legal\

15 Actions for s 87 orders pursuant to a contravention of Part VC of the Trade Practices Act 1974 (Cth), in relation to offences Actions commenced under Part V Division 2A of the Trade Practices Act 1974 (Cth), in relation to implied warranties 6 years The Australian Competition and Consumer Commission may apply for s 87 orders on behalf of one or more persons who have suffered, or who are likely to suffer, loss or damage by conduct of another person who was engaged in a contravention of Part VC. Part VC contains offences relating to unfair practices, such as false and misleading representations, and to product safety and product information. A prosecution for an offence against a provision of Part VC may be commenced within 3 years after the commission of the offence 3 years Part V Division 2A sets out a number of implied warranties, including that: (a) goods must correspond with descriptions given; Trade Practices Act 1974 (Cth) Part VC, ss 87(1A) and 87(1CA) and s 79(6) Trade Practices Act 1974 (Cth), s 74A - 74H, s 74J (b) (c) (d) (e) goods must be of merchantable quality; goods must conform to samples provided; goods must be fit for their stated purpose; and facilities must be provided for repairs of goods. Consumers may take action against Legal\

16 manufacturers if goods they have purchased do not comply with these warranties. If noncompliant goods are imported and the manufacturer does not have a place of business in Australia, the importer is deemed liable for any breach of the implied warranties. All actions under Part V Division 2A must be commenced within three years after the date on which the cause of action accrued. The cause of action is deemed to have accrued on the day on which the consumer first becomes aware, or ought reasonably to have become aware, that the goods did not comply with the relevant implied warranty. However, proceedings 74J(3) of the Trade Practices Act 1974 (Cth) provides that an action must be commenced within 10 years after the first supply to a consumer of the goods. Actions commenced under Part VA of the Trade Practices Act 1974 (Cth), in relation to defective goods 3 years The 3 year period begins from the date the person becomes aware, or ought reasonably to have become awareof: Trade Practices Act 1974 (Cth) Part VA and s 75AO (a) (b) (c) the alleged loss; the defect; and the identity of the person who Legal\

17 manufactured the goods. A further overall limitation period also applies, according to which any action must be commenced within 10 years of the supply by the manufacturer of the defective goods. Actions commenced under Part VIB of the Trade Practices Act 1974 (Cth) in relation to an award of compensation for death or personal injury Various (see next column) The limitation period is either: (a) 3 years from the date of discoverability for the death or injury to which the personal injury damages relate; or Trade Practices Act 1974 (Cth) ss 87F-87H. (b) the end of the long-stop period for that death or injury. The date of discoverability is defined in s 87G of the Trade Practices Act 1974 (Cth) as the first date on which the plaintiff to the proceeding knows or ought to have known each of the following: (a) (b) (c) that the death or personal injury has occurred; that the death or personal injury was attributable to a breach of the Trade Practices Act 1974 (Cth); and that in the case of personal Legal\

18 injury - the injury was significant enough to justify bringing an action. The long-stop period for the death or injury of a person is defined in s 87H of the Trade Practices Act 1974 (Cth) to be the period of 12 years following the act or omission alleged to have caused the death or injury, or the period as extended by the court. In accordance with s 87H of the Trade Practices Act 1974 (Cth), a court must not extend the long-stop period by more than 3 years beyond the date of discoverability for the death or injury and, before extending the period, must have regard to those factors listed in s 87H(3) of the Trade Practices Act 1974 (Cth). These limitations do not apply to proceedings in respect of the death or personal injury to a person resulting from smoking or other use of tobacco products. 10. WorkCover Time for giving notice of an injury to employer 30 days The 30 day period is from the date the person becomes aware of the injury. The Victorian WorkCover Authority or self- Accident Compensation Act 1985 (Vic) s 102(1) Legal\

19 insurer may waive or extend this period in accordance with s 102(6) of the Accident Compensation Act 1985 (Vic). Claims for medical and other similar expenses Claims for compensation for death of a worker 6 months The 6 month period commences from the date that treatment is received. The Victorian WorkCover Authority or selfinsurer may waive or extend this period in accordance with s 103(8) of the Accident Compensation Act 1985 (Vic). 2 years The 2 year period is from the date of death of the relevant worker. The Victorian WorkCover Authority or selfinsurer may waive or extend this period in accordance with s 103(8) of the Accident Compensation Act 1985 (Vic). Accident Compensation Act 1985 (Vic) s 103(7)(d) Accident Compensation Act 1985 (Vic) s 103(7)(b) Claims for an impairment benefit No time limit. All body parts affected must be listed when making the claim as only one claim may be made in respect of a particular event. Accident Compensation Act 1985 (Vic) ss 104B(5A) (5AA) Claims for weekly payments As soon as practicable A claim must be given, served or lodged for weekly payments, as soon as practicable after the incapacity arising from the injury becomes known. Accident Compensation Act 1985 (Vic) s103(7)(a) The Victorian WorkCover Authority or selfinsurer may waive or extend this period in Legal\

20 accordance with s 103(8) of the Accident Compensation Act 1985 (Vic). Actions for damages for serious injuries which occur on or after 20 October years (see next column) A worker must not commence proceedings unless a serious injury certificate has been granted either by the Victorian WorkCover Authority or by a court. Accident Compensation Act 1985 (Vic) s 134AB Actions for damages for injuries which occur before 12 November Workplace 3 years The 3 year period is from the date the serious nature of the incapacity arising from the injury became known (unless a serious injury application had been made before 1 September 2000). Accident Compensation Act 1985 (Vic) s 135AC(b) Termination of employment (relief for unfair or unlawful dismissal) 21 days but note comments The 21 day period commences from the date of termination of employment. Please note a longer period may be allowed on application to the Australian Industrial Relations Commission and that this time period does not apply to "Freedom of Association" claims under section 792 of the Workplace Relations Act 1996 (Cth). Workplace Relations Act 1996 (Cth) ss 643(14) and 643(15) Termination of employment (breach of common law contract) 6 years This includes breaches of terms implied at law. The 6 year period is from the time that the cause of Actions Act 1958 (Vic) s 5(1)(a) and Part 2 Legal\

21 of action accrued. An extension of time may be granted in certain circumstances, including where at the time the cause of action accrued the person was under a disability, or in the case of fraud or mistake. Proceedings against employers in relation to injuries suffered, under the Workers Compensation Act 1958 (Vic) 6 months but note comments The 6 month period commences from the date of the occurrence of the injury or, in the situation of death, the 6 month period commences from the time of death. The employee must also generally notify the employer of the injury "as soon as practicable" (but there are exceptions to this). Workers Compensation Act 1958 (Vic) s 41 Please note that a longer period may be allowed under s 41 of the Workers Compensation Act 1958 (Vic) where: it is found that an employer is not prejudiced in its defence by extending the time period; or the employer knew of the injury notwithstanding that the employee failed to notify it; the failure to notify the employer of the injury was due to mistake or absence from Victoria; or any other reasonable cause (including situations where an employee believed that they were Legal\

22 receiving payments in accordance with the Act or where they were led to believe that they would/would not be entitled to payments under the Act) 12. Other Common s Actions to recover money paid by way of tax 12 months The 12 month period commences from the date on which the tax is paid. In the case of a proceeding commenced in accordance with the provisions of another Act that provides for the refund or recovery of the money within a longer period however, the relevant time period will be that longer period. of Actions Act 1958 (Vic) s 20A(2) Actions commenced to recover judgment debts 15 years The 15 year period is from the date the judgment becomes enforceable. of Actions Act 1958 (Vic) s 5(4) Setting judgment debt aside As soon as possible (note discussion) Where judgment is given in circumstances where the defendant does not file a defence or appear to defend a claim, Supreme and Magistrate court rules provide that an order may be set aside on application by the defendant. Note that there are no specific time limits for such application, but an applicant may object to a judgment being set aside and the court has discretion to determine if an application will proceed. Supreme Court (General Civil Procedure) Rules 2005 (Vic) r Magistrates Court Rules 1999 (Vic) r Legal\

23 Defamation - causes of action that accrued after 1 January 2006 and which do not fall within the exceptions outlined in s 46(2) of the Defamation Act 2005 (Vic) 12 months The 12 month period commences from the date of publication of the matter complained of. Section 46(2) of the Defamation Act 2005 (Vic) states that the 12 month limitation period does not apply to a cause of action that has accrued after the commencement of the Act on 1 January 2006, if: of Actions Act 1958 (Vic) s 5(1AAA) (a) (b) (c) (d) the post-commencement action is one of 2 or more causes of action in the proceeding commenced by the plaintiff; each cause of action in the proceeding accrues because of the publication of the same, or substantially the same, matter on separate occasions (whether by the same defendant or another defendant); one or more of the causes of action in the proceeding accrued before the commencement of the Defamation Act 2005 (Vic); and the post-commencement cause of action accrued no later than 12 months after the date on which the earliest pre-commencement cause of Legal\

24 action in the proceedings accrued. In accordance with s 23C of the of Actions Act 1958 (Vic), the limitation period for causes of action falling within the scope of s 46(2) of the Defamation Act 2005 (Vic) is 6 years. The republication of defamatory matter constitutes a separate cause of action and in certain circumstances the original publisher will be liable for the republication. A plaintiff may be entitled to sue the original publisher in relation to republications as a separate cause of action. Each cause of action will be taken to have accrued at the time of republication. Defamation - causes of action that accrued before 1 January 2006 and any cause of action that accrued after 1 January 2006 but which falls within the exceptions outlined in s 46(2) of the Defamation Act 2005 (Vic) 6 years The 6 year period commences on the date of publication of the matter complained of. The 6 year limitation period also applies to those causes of action that do not accrue until after 1 January 2006, but which fall within s 46(2) of the Defamation Act 2005 (Vic) (see above). The republication of defamatory matter constitutes a separate cause of action and in certain circumstances, the original publisher will of Actions Act 1958 (Vic) s 5(1)(a) Legal\

25 be liable for the republication. A plaintiff may be entitled sue the original publisher in relation to republications as a separate cause of action. Each cause of action will be taken to accrue at the time of republication. Victims of crime assistance 2 years An application must be made to the Victims of Crime Assistance Tribunal within 2 years after the occurrence of the act of violence or, in the case of an application by a related victim or a person who has incurred funeral expenses, within 2 years after the death of the primary victim. Victims of Crime Assistance Act 1996 (Vic) ss 29(1) and (2) The Tribunal must strike out an application made out of time unless it considers that, in the particular circumstances, the application ought not to be struck out. 13. Lawyer Costs disputes and other complaints Complaints against lawyers and law practices - costs 60 days A complaint about the costs you have been charged (a costs dispute ) is subject to strict time limits and cannot exceed $25,000. In most cases you have 60 days from the day the bill was payable in which to dispute those costs. If you have requested an itemised bill you have only 30 days after the request Legal Profession Act 2004 (Vic) 4.2.7(2) and 4.3.3(1) Legal\