For the purposes of s 5(1A) of the Limitation of Actions Act 1958 (Vic), a plaintiff claiming damages for mental injury does not have the requisite knowledge that he or she has suffered 'personal injuries' until the plaintiff knows that his or her mental condition is a mental illness which would be recognised by the medical profession as such. Knowledge of symptoms affecting mental condition, or of 'mental-type problems', is insufficient. The burden of establishing that s 5(1A) applies rests on the party invoking it, as the provision operates as a qualification or exception to the general limitation period in s 5(1)(a).
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