When is the deadline for limitation - minimum period after a disability ceases?
The catalogue records a 3 years period from The earlier of the date the person ceased to be under a disability 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
This page is in preparation. It does not offer an automated deadline or a paid record until the missing source or calculator evidence is complete.
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 earlier of the date the person ceased to be under a disability 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.
- The section operates automatically, not as a discretion. It does not apply to a penalty or forfeiture action except where the person having the cause of action is an aggrieved party (s 36(3)), and does not apply at all to a s 35D cause of action (s 35D(5)).
- The running of the period is also SUSPENDED for the duration of the disability (s 36(1)(d)), and this applies whenever a person is under a disability, whether or not under the same disability throughout (s 36(2)). HARD OUTER LIMIT: "This section does not operate so as to extend a limitation period to more than 30 years from the date when the cause of action arose" (s 36(4)). A putative defendant may cut the suspension short by serving a notice to proceed on a tutor or guardian under s 38, which deems the disability to have ceased on the date of service.