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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43916
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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If 1 was bankrupt for the 3 Years and had a claim against a

Customer Question

If 1 was bankrupt for the 3 Years and had a claim against a solicitor for Professional Negligence, 7 years ago ( Which My Trustee naturally, wasn't interested in pursuing) then can I now prosecute it?
I read years ago that the usual 6 years Statute of Limitations CEASES TO RUN whilst you are bankrupt ( which makes sense to me)
Can you clarify this ?
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

You have 6 years to sue and being 7 years you are out of time.

Should you wish to sue, you have to get the consent of your solicitor to file out of time and if you cannot get that seek the courts approval to extend the limitation period.

Here is the table.

There is nothing in the Bankruptcy Act that stated it stops the limitation period from running and there is nothing in the Victoria Limitation Act.

Because you had no right to bring the action and it was the trustee that had to bring it you can use this as a reason for the delay but you have to move ASAP

As it is a negligence claim you should speak to a no win no fee Solicitor and have them assess your claim and also your chances of having the limitation period extend.

If the claim against your solicitor is 7 years including the bankruptcy you are 1 year out of time. If it is 7 years plus the bankruptcy then you have no change because the limitation period expired before your bankruptcy.

I hope this makes sense and is of assistance If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 9 months ago.
Because the Courts lean towards their colleagues, I will not get any help there.
So I can only sue if it says so in the Rules about the time ceasing to run whilst in Bankruptcy.
I did read this in some Act & I recall it being towards the bottom of the long list.
So are you sure about this or just you couldn't find any such Rule in the 2 Acts you looked at?Alan J
Expert:  Leon replied 9 months ago.

Good Afternoon,

No they dont lean towards their colleagues and if they have made a mistake the courts are not kind.

I have checked the bankruptcy act and could not find anything and the same with the limitation act of Victoria

There is nothing about the limitation period being suspended during bankruptcy.