When is the deadline for extension of a personal injury limitation period for a material fact of a decisive character?
The catalogue records a 1 year period from The date the material fact of a decisive character came within the applicant's means of knowledge. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 1 year
- Trigger
- The date the material fact of a decisive character came within the applicant's means of knowledge
- 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 entry IS the discretion. The court may extend only if satisfied that (a) a material fact of a decisive character relating to the right of action was not within the applicant's means of knowledge until a date after the commencement of the year last preceding expiry, and (b) there is evidence to establish the right of action apart from the limitation defence (s 31(2)(a)-(b)). The extension is available whether or not the period has already expired (s 31(3)). Never compute this as automatic. An application may be made ex parte but the court may direct notice (s 34(1)).
- s 32 applies the equivalent test to actions surviving for the benefit of a deceased's estate under Succession Act 1981 (Qld) s 66, excluding facts relating only to damages not recoverable by the applicant or the deceased's funeral expenses (s 32(3)).