Where proceedings are commenced within a limitation period but not served within the time required by court rules, the defendant does not acquire a prima facie right to the benefit of the expired limitation period; the court's discretion to extend time for service is unfettered and should not be approached with reluctance. The public policy behind the limitation period in s 588FF(3)(a) of the Corporations Act 2001 (Cth) is satisfied by the commencement of proceedings within the three-year period and is irrelevant to the exercise of discretion to extend time for service. On applications to extend time under case management rules, only delay in prosecuting proceedings after commencement is relevant — delay in commencing proceedings within the limitation period is not.
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