When is the deadline for limitation period: personal injury?
The catalogue records a 3 years period from The date on which the cause of action arose. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 3 years
- Trigger
- The date on which the cause of action arose
- 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 of Actions Act 1974 (Qld) s 31(2): the court may order the period be extended so that it expires at the end of 1 year after the date a material fact of a decisive character came within the applicant's means of knowledge, provided that date fell after the commencement of the year last preceding expiry and there is evidence to establish the right of action. s 32 applies the same test to actions surviving for the benefit of an estate. s 29(2)(c) allows 3 years from the date the person ceased to be under a disability or died.
- Interacts with the pre-court regimes: a complying notice of claim under the Personal Injuries Proceedings Act 2002 (Qld) or the Motor Accident Insurance Act 1994 (Qld) given before expiry allows proceedings to be started within 6 months afterwards (PIPA s 59(2)(a); MAIA s 57(2)(a)).