Important provisions – limitations of actions act 1974

29 Extension in cases of disability

 1. If on the date on which a right of action accrued whether before or after the commencement of this Act for which a period of limitation is prescribed by this Act the person to whom or for whose benefit it accrued was under a disability, the action may be brought at any time before the expiration of 6 years from the date on which the person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation has expired.

2. Notwithstanding subsection (1)-

• where a right of action that has accrued to a person under a disability accrues on the death of that person while still under a disability to another person under a disability—a further extension of time shall not be allowed by reason of the disability of the second person; and

• an action to recover land or money charged on land shall not be brought by virtue of this section by a person after the expiration of 30 years from the date on which the right of action accrued to that person or a person through whom the person claims; and

• an action to recover damages in respect of personal injury or damages in respect of injury resulting from the death of any person shall not be brought by a person after the expiration of 3 years from the date on which that person ceased to be under a disability or died, whichever event first occurred.

This section does not apply-

• in a case where the right of action first accrued to a person (not under a disability) through whom the person under a disability claims; or

• to an action to recover a penalty or forfeiture or sum by way of a penalty or forfeiture by virtue of an enactment save where the action is brought by an aggrieved party.

30 Interpretation

1. For the purposes of this section and sections 31, 32, 33 and 34-

• the material facts relating to a right of action include the following–

• the fact of the occurrence of negligence, trespass, nuisance or breach of duty on which the right of action is founded;

• the identity of the person against whom the right of action lies;

• the fact that the negligence, trespass, nuisance or breach of duty causes personal injury;

• the nature and extent of the personal injury so caused;

• the extent to which the personal injury is caused by the negligence, trespass, nuisance or breach of duty;

• material facts relating to a right of action are of a decisive character if but only if a reasonable person knowing those facts and having taken the appropriate advice on those facts, would regard those facts as showing–

• that an action on the right of action would (apart from the effect of the expiration of a period of limitation) have a reasonable prospect of success and of resulting in an award of damages sufficient to justify the bringing of an action on the right of action; and

• that the person whose means of knowledge is in question ought in the person’s own interests and taking the person’s circumstances into account to bring an action on the right of action;

• a fact is not within the means of knowledge of a person at a particular time if, but only if–

• the person does not know the fact at that time; and

• as far as the fact is able to be found out by the person–the person has taken all reasonable steps to find out the fact before that time.

2. In this section-

appropriate advice, in relation to facts, means the advice of competent persons qualified in their respective fields to advise on the medical, legal and other aspects of the facts.

31 Ordinary actions

1. This section applies to actions for damages for negligence, trespass, nuisance or breach of duty (whether the duty exists by virtue of a contract or a provision made by or under a statute or independently of a contract or such provision) where the damages claimed by the plaintiff for the negligence, trespass, nuisance or breach of duty consist of or include damages in respect of personal injury to any person or damages in respect of injury resulting from the death of any person.

2. Where on application to a court by a person claiming to have a right of action to which this section applies, it appears to the court-

• that a material fact of a decisive character relating to the right of action was not within the means of knowledge of the applicant until a date after the commencement of the year last preceding the expiration of the period of limitation for the action; and

• that there is evidence to establish the right of action apart from a defence founded on the expiration of a period of limitation; the court may order that the period of limitation for the action be extended so that it expires at the end of 1 year after that date and thereupon, for the purposes of the action brought by the applicant in that court, the period of limitation is extended accordingly.

3. This section applies to an action whether or not the period of limitation for the action has expired-

• before the commencement of this Act; or

• before an application is made under this section in respect of the right of action.

32. Surviving actions

1. This section applies to actions founded on negligence, trespass, nuisance or breach of duty, for damages for personal injury that have survived on the death of a person for the benefit of the person’s estate under section 66 of the Succession Act 1981.

2. Where on application to a court by a person claiming to have a right of action to an action to which this section applies, it appears to the court-

• that a material fact of a decisive character relating to the right of action was not within the means of knowledge of the deceased person or the applicant until a date after the commencement of the year last preceding the expiration of the period of limitation for the action; and

• that there is evidence to establish the right of action, apart from a defence founded on the expiration of a period of limitation;

the court may order that the period of limitation for the action be extended so that it expires at the end of 1 year after that date and thereupon, for the purposes of the action brought by the deceased or the applicant in that court, the period of limitation is extended accordingly.

3. For the purposes of this section, the material facts of a decisive character do not include facts relating only to-

• damages not recoverable by the applicant;

• funeral expenses of the deceased.

4. This section applies to an action whether or not a period of limitation for the action has expired-

• before the commencement of this Act; or

• before an application is made under this section in respect of the right of action

The above is only a small excerpt from the Limitation of Actions Act 1974 Queensland. The laws surrounding the time limits that apply to claims, and how they may be overcome are very complex.