Section 11(2) of the Limitation of Actions Act 1974 (Qld), which removes limitation periods for rights of action relating to personal injury resulting from dust-related conditions, extends to dependency claims brought under s 64 of the Civil Proceedings Act 2011 (Qld). Dependants of persons who died from dust-related conditions such as mesothelioma are not subject to any limitation period for their dependency claims. The expiry of the deceased's own limitation period before death does not prevent the accrual of the dependency claim, because s 11 provides a procedural defence that does not destroy or extinguish the underlying right of action.
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