Extinction of right or title must be alleged in proceedings
45 Extinction of right or title must be alleged in proceedings
If in proceedings before a judicial tribunal a question arises about extinction under this division of a right or title, a party to the proceedings shall not have the benefit in those proceedings of any such extinction of that right or title unless, as part of the proceedings, he or she has pleaded or otherwise appropriately claimed in accordance with the procedures of the tribunal that the right or title has been so extinguished.
In subsection (1), a reference to proceedings before a judicial tribunal is a reference to proceedings before a court or person authorised by law or by agreement to bind the parties to the proceedings by a decision on a question arising in the proceedings about whether or not a right or title has been extinguished under this division.
Division 4.2 Arbitration
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.