When is the deadline for extension of a limitation period for disability?
The catalogue records a 3 years period from the earlier of the date when the person last ceases to be under a disability before the end of the limitation period, and the date of the person's death. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 3 years
- Trigger
- the earlier of the date when the person last ceases to be under a disability before the end of the limitation period, and the date of the person's death
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- This is a statutory extension, not a discretion. There is no general discretionary extension for ACT personal injury limitation periods: 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)". Discretionary extension under s 36 survives only for a cause of action to which s 16A applies and for the period in s 30B (3); s 39 provides a separate capped extension for compensation to relatives actions.
- Corrected on verification: the researched entry said "Discretionary extension for personal injuries lies under s 36" without qualification. Section 36 (5) excludes s 16AA, s 16B and Civil Law (Wrongs) Act 2002 part 3.1 causes of action, which is nearly the whole personal injury field. Note also that s 30 does not apply at all to a cause of action to which s 30B applies (s 30 (3) (b)).