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COMMONWEALTHAct
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s 23

Suspension of limitation periods

In force
Part 3Australian courts declining jurisdiction on the grounds that a New Zealand court is a more appropriate forum
Division 2Australian courts declining jurisdiction on the grounds that a New Zealand court is a more appropriate forum

23 Suspension of limitation periods

(1)

This section applies if:

(a)

a claim is made in a civil proceeding (the NZ proceeding) in a New Zealand court that is later stayed by an order of the New Zealand court made under the NZ Act on the grounds that an Australian court is the more appropriate court; and

(b)

the claim is to be made again in a civil proceeding (the Australian proceeding) in an Australian court after the staying of (and, if applicable, before any deadline stated in the condition of that order staying) the New Zealand proceeding.

(2)

For the purposes of every applicable limitation period or defence under Australian law, the Australian proceeding is to be treated as commencing at the time the New Zealand proceeding commenced.

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