Synopsis

Since 2003, personal injuries lawyers in Victoria have had to grapple with the concept of “date of discoverability” which was introduced following amendments to the Limitation of Actions Act 1958 (Vic) (LAA).1 Until a recent Supreme Court decision, there has been no clear judicial interpretation as to what the meaning of “date of discoverability” is. The decision of Kaye J in Spandideas v Vellar2 interprets this expression and, in particular, the reference to the term “fault” in s27F(1)(b) of the LAA.

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