VIC Meaning of the phrase "before proceedings concerned commenced"

[Rod]

Hi guys,

1. What is the meaning of the phrase '... before proceedings concerned commenced' under Cth law?

Context here is statute of limitations eg FWA s 544: '... 6 years before proceedings concerned commenced.

Is it the date the first time a legal demand was made (eg date of demand letter) or the date the matter was first filed at court?

2. Does this also apply to Vic state law where the LIMITATION OF ACTIONS ACT 1958 (Vic) applies to many actions brought under Victorian laws?

 

[Rob Legat - SBPL]

'Proceedings' means commencing formal proceedings in a relevant court or tribunal. Date of demand has no bearing.

For example, section 544 of the Fair Work Act provides:

"A person may apply for an order .... only if the application is made within 6 years after the day on which the contravention occurred..." [emphasis added] This clearly infers court proceedings.

Although not exact, also see section 2J of the Acts Interpretation Act 1901 (Cth) which contemplates proceedings to mean court proceedings. I couldn't find a commensurate provision in the Interpretation of Legislation Act 1984 (Vic).

As always, check the definitions of the particular Act to see if 'proceedings' has a particular meaning.