When is the deadline for compensation to relatives (wrongful death) limitation period?
The catalogue records a 6 years period from the relevant wrongful act, neglect or default, or the day of death of the person injured. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 years
- Trigger
- the relevant wrongful act, neglect or default, or the day of death of the person injured
- Counting
- The encoded calculator method must be independently documented before publication.
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- Limitation Act 1985 (ACT) s 39: on application by the personal representative the court may extend the period if it decides it is just and reasonable to do so, but s 39 (2) caps the period the court may specify at 6 years beginning on the day of death of the person injured. Section 30 (disability) applies. Section 36 does not: Limitation Act 1985 (ACT) s 36 (5): "this section does not apply in relation to a cause of action to which any of the following applies: (a) section 16AA (Motor accident claims); (b) section 16B (Other claims for damages for personal injury); (c) the Civil Law (Wrongs) Act 2002, part 3.1 (Wrongful act or omission causing death)".
- Corrected on verification: the researched entry said s 36 as well as s 39 provides for extension. Section 36 (5) (c) excludes a cause of action under the Civil Law (Wrongs) Act 2002 part 3.1, which is the class of action s 16 governs, so s 39 is the only extension route and it is capped at 6 years from the date of death.