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When is the deadline for ncat consumer claim: 3 year accrual limb?

The catalogue records a 3 years period from The date on which the cause of action giving rise to the consumer claim first accrued. This draft page remains free only until its source, worked example and limits are reviewed.

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In preparation

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Calculation basis and source

Period
3 years
Trigger
The date on which the cause of action giving rise to the consumer claim first accrued
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.

  • s 79L is expressed as a limit on the Tribunal's JURISDICTION rather than as a procedural time limit for doing a thing, which is the language the extension power in Civil and Administrative Tribunal Act 2013 (NSW) s 41(1) operates on. s 41(1) is nonetheless broadly drawn ("despite anything to the contrary under that legislation"). Treat s 79L as a hard jurisdictional bar and obtain advice before assuming an extension is available. Not computed.
  • ACCRUAL trigger. Reckoned under Interpretation Act 1987 (NSW) s 36 because the period is fixed by an Act. NCAT's jurisdiction over a consumer claim also depends on the supply connection with New South Wales under s 79K. s 79L(2) expressly preserves any period of limitation under the Limitation Act 1969, so a parallel court claim may still be available within the 6 year period under s 14(1) even after the NCAT window closes. Corrected on verification: pinpoint narrowed to s 79L(1)(a); the entry has also been renamed to make clear it captures only the accrual limb, because s 79L(1)(b) imposes a separate 10 year long-stop that the researched catalogue omitted entirely and that is now recorded separately.

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