Extended cut off date for previously settled child abuse claims (Vic) | #childabuse | #children | #kids


Recent amendments to s 27OA of the Limitation of Actions Act 1958 (Vic) have extended the “cut-off” date for claimants seeking leave of the court to set aside previously settled causes of action arising out of child sexual abuse claims, from 1 July 2015 to 1 July 2018.

The Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, s 44, which came into effect on 26 April 2021, amended the definition of previously settled causes of action as contained in s 27OA of the Act to:

“Previously settled causes of action means a cause of action to which this Division applies that was settled and given effect by a settlement agreement before 1 July 2018”.

Prior to these amendments, claimants were only able to apply to the court to set aside earlier deeds if their settlement deed was signed before 1 July 2015. That date has now been extended to 1 July 2018.

Source: Victorian legislation, [legislative amendment], accessed 4 May 2021.



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