Do you think you have a legal action? If so, is time running out?
People who believe they have a legal claim against a debtor or a company who owes a debt or an employer who retained payments illegally or a motor vehicle accident claim, do not realise that there is a limitation period “imposed by legislation” which has to be followed.
A “limitation period” is a term that is defined as a maximum period of time which can elapse from the time of cause of action arising until the time when proceedings can in fact be commenced in court pertaining to that cause of action. Section 14 of the Limitation Act 1969 clearly states that the period of time specified to commence a claim in court is limited to 6 years to the date on which the cause of action accrued. This is very crucial as proceedings if commenced after the expiration of the 6-year time period can only be done pursuant to leave being granted by the court and substantial costs will be incurred at that stage. Chances are you also face a risk of your claims being struck off as it has been filed after that statute of limitation time period.
Areas of law;
Different statute of limitations that applies with regards to different areas of law. For example;
- Family Law
For property settlement or spousal maintenance proceedings, if a Divorce Order has been given, then you only have time until 12 months after the date on which the Divorce Order took effect.
- For filing of application seeking Parenting Orders:
During school Christmas holiday period, applications other than urgent applications should be filed before 4.00 pm on second Friday in November of the application year.
- Child Abduction cases:
In relation to Child abduction cases, Family Court must make an Order if an application is filed within 1 year of child’s removal or retention.
- Matters relating to Wills and Estates;
An application made for the Family Provision Order must be filed within 12 months of date of death- s 58 (2) of the Succession Act 2006.
- Misleading or deceptive conduct:
When a claim for damages confirms that the victim only has 6 years from the date of causation to commence proceedings – s 68 of the Fair-Trading Act 1987.
- Unfair dismissal claims:
Kindly note that unfair dismissal claims have to be filed by no later than 21 days after dismissal of an employee – S 55 of the Industrial Act 1996. It is imperative that an application has to be made within 21 days. However, an application might be accepted out of time if sufficient reasons are outlined (this relates to NSW).
- Motor accident claims:
Claims for statutory benefits must be made within 3 months of accident and principle limitation period of 3 years applies, this of course does not include time from when a claim is referred for assessment and continuing up to 2 months after the certificate as to assessment or exemption is issued. A claim pursuant to Motor accident Compensation Act 1999 must be made within 6 months of the accident. If not, claimant must provide full and satisfactory explanation – s 72 and 73 motor accident Compensation Act 1999.
- Personal Injuries Claim
An injury claim should be filed within 3 years from the date when cause of action accrues s 18A Limitation Act 1969.
- Enforcement of judgements
One can enforce a judgement from 12 years from the date of judgement becomes enforceable – s 17 of Limitation Act 1969.
What is an impact of a statute like this on your case;
If you believe that you have a claim in relation to a particular type of matter, kindly note that the existence of a statue of limitation can have a very large impact on a claim. It may even be a situation where time has expired and that you no longer have a right to make a claim. Accordingly, we would strongly recommend that you consider your legal options as a matter of urgency and if you wish to discuss the matter with us, please do not hesitate to contact us to discuss your potential claim.