Legal rights may be enforced by instituting an action

There is a presumption that legal rights may be enforced by bringing an action in court.

Section 93 (1) of the Transport Accident Act 1986 (Vic) illustrates how this presumption is displaced by express provisions to the contrary. It says:

'A person shall not recover any damages in any proceedings in respect of the injury or death of a person as a result of a transport accident occurring on or after the commencement of section 34 except in accordance with this section.'