When is the deadline for limitation - fraud or fraudulent breach of trust, recovery of trust property?
The catalogue records a 12 years period from The date upon which the person entitled to bring the action first discovered, or may with reasonable diligence have discovered, the facts giving rise to the right to relief. 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
- 12 years
- Trigger
- The date upon which the person entitled to bring the action first discovered, or may with reasonable diligence have discovered, the facts giving rise to the right to relief
- 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.
- Limitation Act 1981 (NT) s 44, on the s 44(3)(b) gateways. Note that this section already builds in a discoverability trigger.
- Northern Territory differs from most Australian jurisdictions in imposing a 12-year outer period for fraud on trust property rather than no period at all. Time runs from actual or constructive discovery. Where another provision of the Act fixes a longer period for the same action, the LATER of the two governs (s 32(1)(f)). Does not apply to an action to recover arrears of income except in cases of fraud or income converted or retained by the trustee (s 32(2)).