38A
CurrentLimitation laws are substantive laws
Part 6Actions on simple contract and in tort
38A Limitation laws are substantive laws
(1)
A limitation law of the State is a substantive law of the
State.
(2)
A limitation law of another State or a Territory of the
Commonwealth, or of New Zealand, is to be regarded as a substantive law of that place and applied accordingly.
(3)
If a court in this State applies a limitation law of another State or a Territory of the Commonwealth, or of New Zealand, a discretion conferred by that law is to be exercised, as far as practicable, in the same way as courts in that other place exercise the discretion in comparable cases.
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