What is a statute of limitations?
A stature of limitations is a piece of legislation which prevents a claim for a particular type of matter after a certain period. Often a statute of limitations will still allow a claim to be brought as long as there is an explanation in evidence to the court of why the claim was not brought for such a long time such as the inability for the evidence of the claim to materialize. The most commonly referred to statute of limitation in New South Wales is for Torts, although there are a number of statutes of limitations for different types of matters such as personal injury, aircraft, building and construction, superannuation, leases, property settlement, family provision claims and virtually any other type of claim which is available, the one that people most often refer to is a Tort claim (which does not include damages for personal injury or defamation). This is limited to six years by the from the date when cause of action accrues under s14(1)(b) of the Limitation Act 1969 (NSW). However, the limitation period is suspended while person is under a disability because of s.11(3)and s52(1)(d) Limitation Act 1969. There are other provisions of this statute of limitations which relate to economic loss under Part 4 of the Civil Liability Act 2002 which relate to proportionate liability for economic loss and property damage claims. There are also a series of other exceptions to the rules which prevent the extinguishing of actions on other very specific grounds.
What is the impact of a statute like this on my case?
If you think you have a claim in relation to a particular type of matter the existence of a statute of limitations can have a very large impact on your claim and even wipe it out all together. You need a professional analysis conducted of a claim like to try to ensure that the claim will hold up an not escape the statute of limitations. You can post your legal query to our contact form here or we have lawyers online most of the time to answer your legal questions. You can also post a legal question to the question box below.
