Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Alteration of period of limitation

59 Alteration of period of limitation

(1) If a complying part 1 notice of claim is given before the end of the period of limitation applying to the claim, the claimant may start a proceeding in a court based on the claim even though the period of limitation has ended.
(2) However, the proceeding may be started after the end of the period of limitation only if it is started within—
(a) 6 months after the complying part 1 notice is given or leave to start the proceeding is granted; or
(b) a longer period allowed by the court.
(3) Also, if a proceeding is started under subsection (2) without the claimant having complied with part 1 , the proceeding is stayed until the claimant complies with the part or the proceeding otherwise ends.
(4) If a period of limitation is extended under the Limitation of Actions Act 1974 , part 3 , this section applies to the period of limitation as extended under that part.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback