The limitation period in s 74J of the Trade Practices Act 1974 (Cth) for actions under s 74H (manufacturer's indemnity to seller) is procedural in character, being a condition of the remedy rather than an element of the right. Accordingly, state court rules permitting amendment to add a new cause of action after expiry of a limitation period (such as SCR 53.03(c)) may be applied to Trade Practices Act claims without inconsistency with the Commonwealth legislation. A general claim for 'indemnity' in a third party notice does not, without more, encompass a specific statutory indemnity under s 74H; the s 74H claim is a new cause of action requiring identification in the pleadings.
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