An applicant who was clearly advised of both the existence of a cause of action and the limitation period, and who made a deliberate decision not to pursue the claim, faces a very high hurdle in obtaining an extension of time under s 23A of the Limitation of Actions Act 1958 (Vic). The alleged inadequacy of former solicitors' advice does not assist where the applicant's actual knowledge of the cause of action and limitation period is established. In claims involving the serious injury process under s 134AB of the Accident Compensation Act 1985 (Vic), the relevant end point for calculating delay is the date the respondent or insurer receives the serious injury application.
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