When is the deadline for personal injury limitation period where the injury is or includes a disease or disorder?
The catalogue records a 3 years period from the day the person injured first knows that the person has suffered an injury that is or includes a disease or disorder and that the injury is related to someone else's act or omission. This draft page remains free only until its source, worked example and limits are reviewed.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 3 years
- Trigger
- the day the person injured first knows that the person has suffered an injury that is or includes a disease or disorder and that the injury is related to someone else's act or omission
- 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.
- No discretionary extension is available. 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)". Limitation Act 1985 (ACT) s 30 (disability) and s 30A (children) still apply.
- Corrected on verification: the researched entry cited Limitation Act 1985 (ACT) s 36 (2) as an available extension. Section 36 (5) (b) excludes causes of action to which s 16B applies, so no just-and-reasonable extension is available for the disease or disorder limb either.