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John Melis
John Melis,
Category: Australia Law
Satisfied Customers: 562
Experience:  Principal Lawyer at Legal AU Pty Ltd
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Proceedings were commenced in 2011. on court records that

Customer Question

proceedings were commenced in 2011. on court records that $163,000 owed to me. in NSW statute lim is 15 years What is statute of limitations for this in Vic ?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Victoria
JA: Has anything been filed or reported?
Customer: My lawyer only told me proceedings were commenced and the person owing the money did not show. More recently he owned a property valued at $ 1.1 million
JA: Anything else you want the lawyer to know before I connect you?
Customer: not really Statute of limmitations my main concern right now. Sorry so slow.
Submitted: 3 months ago.
Category: Australia Law
Expert:  John Melis replied 3 months ago.

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

Expert:  John Melis replied 3 months ago.

Dear customer, in civil matters related to contact the statutory limitation period is 6 years. However if the agreement was one of deed it is longer.

LIMITATION OF ACTIONS ACT 1958 - SECT 5

Contracts and torts

(1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued—

S. 5(1)(a) amended by Nos 9884 s. 3(a)(i)(ii), 52/2002 s. 3(1)(a)(b), 75/2005 s. 47(1).

(a) Subject to subsections (1AAA), (1AA) and (1A), actions founded on simple contract (including contract implied in law) or actions founded on tort including actions for damages for breach of a statutory duty;

(b) Actions to enforce a recognizance;

(c) Actions to enforce an award, where the submission is not by an instrument under seal;

(d) Actions to recover any sum recoverable by virtue of enactment, other than a penalty or forfeiture or sum by way of penalty or forfeiture.

S. 5(1AAA) inserted by No. 75/2005 s. 47(2).

(1AAA) An action for defamation must not be brought after the expiration of 1 year from the date of the publication of the matter complained of.

S. 5(1AA) inserted by No. 52/2002 s. 3(2).

(1AA) Subject to subsection (1A), an action for damages in respect of personal injuries must not be brought after the expiration of 3 years from the date on which the cause of action accrued.

S. 5(1A) inserted by No. 9884 s. 3(b), amended by Nos 21/1989 s. 3(a), 52/2002 s. 3(3).

(1A) An action for damages for negligence nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff consist of or include damages in respect of personal injuries consisting of a disease or disorder contracted by any person may be brought not more than 3 years from, and the cause of action shall be taken to have accrued on, the date on which the person first knows—

(a) that he has suffered those personal injuries; and

(b) that those personal injuries were caused by the act or omission of some person.

S. 5(1B) inserted by No. 21/1989 s. 3(b).

(1B) Subsection (1A) as amended by the Limitation of Actions (Amendment) Act 1989 applies to each case where the date on which a person first knew the matters specified in paragraph (a) and (b) of that subsection is within six years before the commencement of that Act.

S. 5(1C) inserted by No. 21/1989 s. 3(b).

(1C) Subsections (1A) and (1B) apply despite anything to the contrary in this or any other Act.

(2) An action for an account shall not be brought in respect of any matter which arose more than six years before the commencement of the action.

(3) An action upon a bond or other specialty shall not be brought after the expiration of fifteen years from the date on which the cause of action accrued:

Provided that this subsection shall not affect any action for which a shorter period of limitation is prescribed by any other provision of this Act.

(4) An action shall not be brought upon any judgment after the expiration of fifteen years from the date on which the judgment became enforceable.

(5) (a) An action to recover any penalty or forfeiture or sum by way of penalty or forfeiture recoverable by virtue of any enactment shall not be brought after the expiration of two years from the date on which the cause of action accrued.

(b) In this subsection "penalty" does not include a fine to which any person is liable on conviction of a criminal offence.

S. 5(6) repealed by No. 9884 s. 3(c).

* * * * *

(7) Save as otherwise expressly provided an action shall not be brought to recover any arrears of interest in respect of any sum of money whether payable in respect of a specialty, judgment, legacy, mortgage or otherwise, or any damages in respect of such arrears, after the expiration of six years after they became due.

(8) This section shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief, except in so far as any provision thereof may be applied by the Court by analogy in like manner as the enactment corresponding to that provision was applied before the repeal of that enactment by the Limitation of Actions Act 1955 .

S. 5(9) inserted by No. 60/2003 s. 11.

(9) Despite subsection (1C), this section does not apply to an action to which Part IIA applies.

Kind regards
John Melis

Expert:  John Melis replied 3 months ago.

Dear customer, any cause of action available in breach of contract accrues when the breach of the contractual term occurred, irrespective of when damage occurs or whether the contract has been terminated. The reason for this is that breach of contract is actionable without proof of damage.

As a general principle, in speaking of the accrual of a cause of action in debt, it has been said that ‘the cause of action arises at the time when the debt could first have been recovered by action’, and that while ‘the right to bring an action may arise on various events … the [Statute of Limitations] runs from the earliest time at which an action could be brought: Reeves v Butcher [1891] 2 QB 509 at 511 per Lindley LJ.

Kind regards *****

Expert:  John Melis replied 3 months ago.

Dear customer, contracts have a six-year limitation period under s 5(1) of the Limitation of Actions Act 1958 (Vic), as compared with 15 years for deeds under s 5(3) of that Act. s 5, Limitation of Actions Act 1958 (Vic) as noted above.

Kind regards *****

Expert:  John Melis replied 2 months ago.

Dear customer, if you would like to discuss this matter further, I welcome you to request telephone services.

Don’t forget to rate my service.

Kind regards

John Melis