What’s the time? Reflections on calculating dates in personal injury law in Victoria.
This year I split my summer leave into two blocks over January and February. Safe to say I’ve just emerged from those hazy days not entirely sure what time even is any more.
The calculation of time was a topic of interest in my jurisdiction just before the December break when we saw the operation of 329A of the WIRCA come into force for the first time.
In it:
Section 329A – “Calculation of period of time for certain matters” provides:
In calculating a period of time for the purpose of section 330, 331, 332, 333, 334, 335 or 337, the period from 24 December to 9 January next following must be disregarded.
In considering above took out our calculators and were all taken back to administrative law and
Sections 44(1) and (2) of the Interpretation of Legislation Act 1984 provides:
(1) Where in an Act or subordinate instrument a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall not be included in the period.
(2) Where in an Act or subordinate instrument a period of time is expressed to end on, or to
The practical result is that Section 329A has the effect of excluding 16 days (25 December to 9 January inclusive) from the calculation of the periods of time within the sections mentioned above.
As a common example:
A common law application is lodged on the Authority on 23 December 2022 so the calculation of the 120th day (the usual day to respond to an application) would be as follows:
Day 1 is 24 December, day 2 is 10 January. Prior to the introduction of section 329A, the due date for the response (the 120th day) would have been 22 April 2023.
Section 329A has the effect of excluding the 16 days from 25 December to 9 January (remembering they are inclusive of both dates).
This means that the 120th day will now fall on 8 May 2023, a total of 136 days from the date of lodgement.
There are several provisions in the statute that are impacted by the change, so it pays to check twice and clarify with a practioner when you are confirming dates.
Hope everyone has had a safe and happy summer, I’ll be back reading this post at the end of the year and trying to remember just where the time has gone.
