New South Wales Consolidated Acts

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CIVIL PROCEDURE ACT 2005 - SECT 182

Suspension of limitation periods

182 Suspension of limitation periods

(cf s33ZE FCA)

(1) On the commencement of any representative proceedings, the running of the limitation period that applies to the claim of a group member to which the proceedings relate is suspended.
(2) The limitation period does not begin to run again unless either the member opts out of the proceedings under section 162 or the proceedings, and any appeals arising from the proceedings, are determined without finally disposing of the group member's claim.
(3) However, nothing in this section affects the running of a limitation period in respect of a group member who, immediately before the commencement of the representative proceedings, was barred by the expiration of that period from commencing proceedings in the member's own right in respect of a claim in the representative proceedings.
(4) This section applies despite anything in the Limitation Act 1969 or any other law.



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