When is the deadline for basic limitation period - two years from discovery?
The catalogue records a 2 years period from The day on which the claim is discovered, as defined by s 6(1). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 2 years
- Trigger
- The day on which the claim is discovered, as defined by s 6(1)
- 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.
- No judicial discretion to extend. The period may be extended by agreement that expressly provides for extension (s 21(1)), but no agreement can extend the s 7 ultimate period or the s 7.1 judgment period (s 21(2)). The period is suspended while the claimant is a minor or lacks mental capacity and is unrepresented (s 8(1)), and while the defendant wilfully conceals the injury or wilfully misleads as to the appropriateness of a proceeding (s 17). Section 20 permits an amendment asserting a new claim or adding parties after expiry, where the new claim arises out of the same transaction or occurrence and no party will suffer actual prejudice.
- STATE SEPARATELY FROM THE ULTIMATE PERIOD - this is the discovery-based period; the 15 year long-stop in s 7(1) runs independently from the act or omission and caps it. If the limitation period has expired before commencement, the claim is barred and the proceeding shall not be maintained (s 19). The claimant bears the burden of proving that the period has not expired or that no period applies (s 18). The Act binds the Crown (s 4). It does not apply to a claim subject to a limitation provision in another Act or regulation that states it applies notwithstanding this Act (s 3(4)).