Limitation Act 1985

This section applies to an action on a cause of action for the death or personal injury of a person—

if the cause of action substantially arises from child abuse to which the person was subjected when the person was a child; and

whether liability for the death or personal injury arises in tort or contract or on another form of action (including breach of statutory duty); and

whether the cause of action accrues before, on or after the commencement of the Justice and Community Safety Legislation Amendment Act 2016 (No 2), section 3.

An action on the cause of action is maintainable at any time and is not subject to any limitation period under this Act, despite anything elsewhere in this Act or another territory law.

This section does not limit—

the inherent jurisdiction, implied jurisdiction or statutory jurisdiction of a court; or

any other powers of a court under a law in force in the Territory, a rule of court, or any other practice of the court.

Example—par (b) a court’s power to summarily dismiss or permanently stay proceedings where the passage of time has a prejudicial effect on the defendant that is so serious that a fair trial is not possible

In this section:

child abuse—see the Civil Law (Wrongs) Act 2002, section 114AA (1).

subjected, in relation to child abuse, includes witness.

Division 2.3 Mortgages