Section 5(1A) of the Limitation of Actions Act 1958 (Vic) (as it applied before the 2002 amendments) does not extend to post-traumatic stress disorder with delayed onset; it applies only to insidious diseases or disorders contracted at or about the time of the tortious act but not known to have been contracted until much later. Claims for late-onset traumatic injuries must be brought under s.23A. Intentional assault constitutes 'breach of duty' within s.5(1A), confirming [name withheld] v [name withheld] with a five-judge bench.
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