The By Lawyers Personal Injury QLD publication has been reviewed, including the addition of a recent Supreme Court case relating to the extension of limitation periods.
Limitation periods are a critical consideration for practitioners advising and representing clients in personal injury claims. Strict limitation and notice periods apply. Extensions are possible under s 59 Personal Injuries Proceedings Act 2002, but good reasons for delay must be shown and the Court does not exercise its discretion to extend limitation periods lightly. Section 59 also applies to any extension of the limitation period that is granted under the Limitation of Actions Act 1974.
The issues relating to such an application were examined recently in Faram v Hensec Pty Limited [2020] QSC 327. The application to extend the limitation period in that case was refused where the applicant had failed to comply with the necessary pre-action procedures.
The By Lawyers Personal Injury QLD commentary deals in detail with limitation periods and pre-action procedures.
This review has also seen the commentary updated and revised for enhanced searchability.
Related By Lawyers guides for Queensland litigation include Motor Vehicle Accidents, Workers Compensation, District Court, Supreme Court and 101 Subpoena Answers.