In the Northern Territory, an action to enforce a statutory charge over insurance moneys under Part VIII of the Law Reform (Miscellaneous Provisions) Act is subject to a three-year limitation period under s12(1)(d) of the Limitation Act, running from the date of the accident (when the charge is created), not from the date leave is obtained. Proceedings commenced without the required leave under s27(3) are a nullity and cannot be cured by an order nunc pro tunc. Practitioners should seek leave prophylactically before the limitation period expires to preserve the statutory charge.
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