When is the deadline for limitation: child abuse action arising under part iii of the wrongs act 1958?
The catalogue records a 3 years period from The date on which the cause of action is discoverable by the plaintiff (s 27F). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 3 years
- Trigger
- The date on which the cause of action is discoverable by the plaintiff (s 27F)
- 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.
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- Division 3 applies to an action of this kind as if the reference in s 27K(1) to a cause of action under Division 2 were a reference to a cause of action of this kind (s 27O(4)), so the court may extend the period under s 27K(2).
- The 12-year long-stop is removed for these actions: Division 2 other than s 27F does not apply (s 27O(3)). A cause of action arising under Part III of the Wrongs Act 1958 is not discoverable before the date of death of the deceased (s 27F(4)).