Prepared by Gary O Sullivan in consultation with Jennifer Scott, Jacinta Johnson and Melanie Warbrooke.

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1 SCHEDULE OF LIMITATIONS FOR THE NORTHERN TERRITORY Disclaimer: This publication is intended as a general guide only. Every effort has been made to ensure the information is accurate and up to date at the time of publication. This schedule should be used as a first point of reference only. This information should not be relied upon or used as legal advice about any particular factual situation, nor regarded as a substitute for reference to the legislation. The information contained in this schedule should be checked against the relevant legislation before providing legal advice. No responsibility is accepted for any loss, damage or injury, financial or otherwise, suffered by any person acting upon or relying on information contained in it or omitted from it. MAY 2012 Darwin Community Legal Service Inc. welcomes comments on this publication. All comments including suggested corrections or alterations should be directed to the Principal Solicitor. Prepared by Gary O Sullivan in consultation with Jennifer Scott, Jacinta Johnson and Melanie Warbrooke. WITH ASSISTANCE FROM ASHURST AUSTRALIA AND GILBERT & TOBIN. This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved. The commercial reproduction of material contained in this publication requires the written permission of Darwin Community Legal Centre Inc. nd Schedule of Limitations for the Northern Territory 2 ed. 1

2 Contents Personal Injuries/Tort Defamation Motor Vehicle Workers Compensation Other Civil matters Building Consumer Contract Deceased Estates and Family Provision Employment Family and de facto Miscellaneous civil law Property and Trusts Tenancy Court Matters Coronial inquests Appeals and Judicial Review Administrative appeals generally Bills and Costs Public law, complaints etc Discrimination Environment Government (including health) and police Planning Social Security Seizure of property Extension of limitation periods and general limitation rules

3 Personal Injuries/Tort Type of Action a. Tort including breach of statutory duty and trespass. Limitation Comments Period 3 years An action founded on tort, including a cause of action founded on a breach of statutory duty, is not maintainable after 3 years from the date on which the cause of action first accrues. Note: no limitation period applies to an action for damages for personal injury arising from a dust disease. Relevant Act and Section Limitation Act (NT), ss12(1)(b), 12(2)(a), 36 & 4(1) (definitions of "disabled person" and "person under a disability") Comments Minors and disabled persons: where an infant or a disabled person, or a convicted person who, after conviction, is undergoing a sentence of imprisonment has a cause of action, the running of the limitation period is suspended for the duration of the disability/period of imprisonment. If the limitation period would ordinarily expire before the lapse 3

4 Type of Action Limitation Period Comments of 3 years after: a. the date on which he has, before the expiration of the limitation period, ceased to be under a disability; or b. the date of his death, the limitation period is extended so as to expire 3 years after the earlier of those dates. b. Personal Injury 3 years As above. However, note that the Personal Injuries (Civil Claims) Act (NT), s 8 (which has not commenced) specifies that further pre-court requirements must be met: a. A claimant must give written notice of his or her claim to the respondent within 12 months after the date when the incident in relation to the personal injury occurred or within 12 months after the day on which the symptoms first appear. b. A claimant may give notice after that expiry period if there is a reasonable reason for the delay given on the notice of Relevant Act and Section Limitation Act (NT), ss12(1)(b) & 12(2)(a) Personal Injuries (Civil Claims) Act (NT), s8 (not yet commenced) Comments 4

5 Type of Action c. Contribution and indemnity between joint tortfeasors d. Air accident personal injury or death Limitation Period 2 years or 4 years Comments claim or the court gives leave to do so. c. An action to claim damages for personal injury to which s12 (1)(b) of the Limitation Act (NT) applies is maintainable after the expiry of the limitation period if a notice of claim has been given within 12 months or as extended in accordance with the Rules. An action by a tortfeasor to recover contribution from another tortfeasor must be brought before the earlier of the following periods: a. 2 years from the date when the right to recover contribution first accrued; or b. 4 years from the date of expiration of the limitation period for the principal action. 2 years The right of a person to damages under Part IV of the Act is extinguished if an action is not brought by him or her or for his or her benefit: a. within 2 years after the date of arrival of the aircraft at the destination; or Relevant Act and Section Limitation Act (NT), s24. See also Law Reform (Miscellaneous Provisions Act) (NT), s12 Civil Aviation (Carriers Liability) Act 1959 (Cth), Part IV, s34 Comments If an action is brought that is apt to exercise the right to damages under Pt IV, it is unnecessary to show that the plaintiff had in mind that he or she was proceeding under Pt IV 5

6 Type of Action e. Aircraft damage, loss or destruction to baggage Limitation Period 3 21 days Comments b. where aircraft does not arrive at destination, 2 years from the date it ought to have arrived or 2 years from the date the carriage stopped, whichever is later. Note: ss35 & 36 state that the liability of a carrier under Part IV (in respect of personal injury/death suffered by a passenger), is in substitution for any civil liability of the carrier under any other law in respect of the injury (excluding workers compensation and tortfeasor liability). A claim for damage to, or loss or destruction of baggage must be notified within: a. 3 days after the date the passenger receives the baggage in the case of injury to registered baggage, loss or destruction of part of registered baggage or injury, and loss or destruction to unregistered baggage; or b. 21 days from the date the Relevant Act and Section Civil Aviation (Carriers Liability) Act 1959 (Cth), ss30 & 34 Comments of the Civil Aviation (Carriers Liability) Act 1959 (Cth) or that the Statement of Claim specifically pleads Pt IV: Agtrack (NT) Pty Ltd v Hatfield [2005] HCA 38, [43]-[44] 6

7 Type of Action Limitation Period Comments carriage of the passenger ended in the case of loss or destruction of the whole of an item of registered baggage. Relevant Act and Section Comments f. Compensation to relatives - Actions under Compensation (Fatal Injuries) Act (NT) The right to damages is extinguished if the action is not brought within two years after the date: a. of the arrival of the aircraft at the destination; or b. if the aircraft did not arrive at the destination, the date on which the aircraft ought to have arrived, or the date on which the carriage stopped (whichever is the later). 3 years An action arising under ss7 or 13 of the Compensation (Fatal Injuries) Act (NT) is not maintainable after 3 years from the date of the death. Under s7 a person is liable if a wrongful act, neglect or default caused the death of another person, and if death had not ensued, that person would have been liable for damages. Limitation Act (NT), s17 Compensation (Fatal Injuries) Act (NT), s5(2). See ss7 & 13 7

8 Type of Action g. Victims of crime application for awards of financial assistance Limitation Comments Period Note: actions under the Compensation (Fatal Injuries) Act (NT) do not apply to or in relation to a death occurring in or as a result of an accident within the meaning of the Motor Accidents (Compensation) Act (NT), except in those circumstances in which an action in respect of that death is not precluded by that Act. 2 years Within 2 years after the occurrence of the violent act, or the occurrence of the injury or death to which the application relates. Relevant Act and Section Victims of Crime Assistance Act (NT), s31 Comments An application may be accepted after the expiry of the time limit if the Crime Victim Services Unit Director considers that circumstances justify it. The Director must have regard to the matters in s31(3). h. Victims of crime applications to increase 3 years An applicant paid financial assistance may apply for an increased award 3 years after the date of payment (or 3 years after the person becomes an adult). Victims of Crime Assistance Act (NT), s46 8

9 Type of Action Limitation Period Comments i. Victims of crime appeals 28 days Appeals must be made to the Local Court within 28 days after the decision is made. j. Compensation for personal injury or death resulting from breach of consumer law 3 years or long stop date Decisions that may be appealed include a decision: a. to refuse to accept a late application; b. in relation to an application for an award; and c. regarding an application to increase. Personal injury damages from proceedings under Australian consumer law will not be awarded after: 3 years from the "date of discoverability" for the death or injury to which the personal injury damages would relate; or the end of the "long-stop period". The "date of discoverability" is the first date the claimant knows or ought to know the following: a. that the death or personal injury has occurred; b. that the death or personal injury was attributable to a contravention of this Act; and Relevant Act and Section Local Court Rules (NT) reg See also Victims of Crime Assistance Act (NT), s48. Competition and Consumer Act 2010 (Cth), ss87f s87h. See also ss87j & 87K for the effects of minority, incapacity and close relationships Comments 9

10 Type of Action Limitation Period Comments c. that, in the case of a personal injury, the injury was significant enough to justify bringing an action. Relevant Act and Section Comments The "long-stop period" is the period of 12 years following the act or omission alleged to have caused the death or injury. The court has power to extend the long-stop period but must not extend more than 3 years beyond the date of discoverability for the death or injury. The long-stop period does not apply to deaths or personal injuries due to smoking/use of tobacco products. The following could have an effect on how the limitation periods are calculated: a. if the claimant is a minor and not in the custody of a capable parent or guardian; b. if the claimant is incapacitated and there is no guardian or other person to manage the 10

11 Type of Action k. Ships death or personal injury l. Ships damage or loss to another ship, its cargo, freight or any property on board Limitation Comments Period incapacitated person s affairs; or c. in the case of death or injury to a minor, when proceedings are taken against a person who was the parent or guardian of the victim or in a close relationship with the parent or guardian of the victim. 2 years No action shall be maintainable to enforce any claim or lien against a ship or its owners in respect of any damage for loss of life or personal injuries suffered by any person on board the ship, caused by the fault of the former ship, whether such ship be wholly or partly in fault, or in respect of any salvage services, unless proceedings are commenced within 2 years from the date when the damage or loss or injury was caused or the salvage services rendered were terminated. 2 years No action shall be maintainable to enforce any claim or lien against a ship or its owners in respect of any damage or loss to another ship, its cargo or freight, or any property on Relevant Act and Section Navigation Act 1912 (Cth), s396(1) Navigation Act 1912 (Cth), s396(1) Comments Navigation Act 1912 (Cth), s396(2) deals with actions against contributors 11

12 Type of Action m. Ships loss or damage to goods Limitation Comments Period board the ship, caused by the fault of the former ship, whether such ship be wholly or partly in fault, or in respect of any salvage services, unless proceedings are commenced within 2 years from the date when the damage or loss or injury was caused or the salvage services rendered were terminated. 1 year The carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered. Relevant Act and Section Schedule 1 Article 3, paragraph 6 to the Carriage of Goods by Sea Act 1991 (Cth), incorporating the Hague Visby Rules Comments n. Dust diseases No limitation This period may be extended if the parties agree. No limitation period applies to an action for damages for personal injury arising from a dust disease. Limitation Act (NT), s12(2)(a) 12

13 1.2 Defamation Type of Action a. Defamation Action to which Defamation Act (NT) applies (defamatory matter published after 26 Apr 2006) b. Extension of limitation in defamation action to which Defamation Act (NT) applies (defamatory matter published after 26 Apr 2006) Limitation Comments Period 1 year An action relating to the publication of a defamatory matter cannot be commenced if 1 year has elapsed since the publication. Up to 3 years A person claiming to have a cause of action for defamation may apply to a Court for an order extending the limitation period for the cause of action. The Court must extend the 1 year limitation period to a period of up to 3 years from the date of publication if the court is satisfied that it was not reasonable to commence the action within 1 year. Relevant Act and Section Limitation Act (NT), s12(2)(b) See ss45 & 52 for application of Defamation Act (NT) Limitation Act (NT), s44a Comments In our view there is a typographical error under s44a(2). Where the legislation refers to s12(1a) we believe that it should state section 12(2)(b) 13

14 1.3 Motor Vehicle Type of Action a. Claim in respect of an accident Limitation Period 6 months or 3 years Comments Relevant Act and Section Comments The Territory Insurance Office (TIO) may refuse to consider a claim in respect of an accident made later than 6 months after the date of the accident. TIO shall refuse to consider a claim in respect of an accident made later than 3 years after the date of the accident (or 3 years after the date the claimant attained the age of majority). TIO may extend the time limits if it considers that the circumstances of a particular case warrant such action because of special hardship that is likely to be suffered by any person. Motor Accident (Compensation) Act (NT), ss31 & 33 14

15 b. Application to increase award (claim for variation of a benefit) 6 months or 3 years TIO may refuse to consider a claim for the variation of a benefit made later than 6 months after the occurrence giving rise to the claim for variation. Motor Accident (Compensation) Act (NT), ss31 & 33 TIO shall refuse to consider a claim for the variation of a benefit, made later than 3 years after the date of the occurrence giving rise to the claim for variation (or 3 years after the date the claimant attained the age of majority). c. Review of motor vehicle accident compensation decision TIO may extend the time limits if it considers that the circumstances of a particular case warrant such action because of special hardship that is likely to be suffered by any person. 90 days A claimant must request a review by a designated person within 90 days after being notified or becoming aware of a TIO decision about an award. Motor Accident (Compensation) Act (NT), s28a 15

16 d. Referral to Motor Accidents (Compensation) Appeal Tribunal 28 days A claimant aggrieved with the review of a decision can refer the matter to the Motor Accidents (Compensation) Appeal Tribunal. Referral must be made either: a. within 28 days after receipt of notice of the review decision; or b. if notice of the review decision is not given, then 28 days after the claimant becomes aware of the decision; or c. if a decision is not made by the designated person, within 28 days from the date the designated person should have made the decision (being 30 days after the request is made). Motor Accident (Compensation) Act (NT), s28e. See also s28b 16

17 1.4 Workers Compensation Type of Action a. Notice of injury and claim for compensation for work injuries b. Proceedings for the recovery of compensation under the Worker Rehabilitation and Compensation Act (NT) Limitation Period As soon as practicable Comments A person shall not be entitled to compensation unless notice of the relevant injury has, as soon as practicable, been given to or served on the worker's employer. 6 months Proceedings for the recovery of compensation shall not be maintainable unless: a. notice of the injury has been given before the worker has voluntarily left the employment in which he or she was injured; and b. the claim for compensation has been made within: i. 6 months after the occurrence of the injury; or ii. in the case of a disease, 6 months after the incapacity arising from the disease; or iii. in the case of death, within 6 months after advice of the death has been received by the Relevant Act and Section Workers Rehabilitation and Compensation Act (NT), s80 Workers Rehabilitation and Compensation Act (NT), s182 Comments 17

18 c. Workers compensation claim for compensation cannot be made until after unsuccessful mediation claimant. Failure to make a claim within the limitation period is not a bar to proceedings if failure was caused by mistake, ignorance of disease, absence from the Territory or other reasonable cause. 28 days A claimant is not entitled to commence proceedings for a compensation claim in respect of a dispute unless there has been an attempt to resolve the dispute by mediation and that attempt has been unsuccessful. Proceedings to which section 103J(1) applies are to be commenced within 28 days after the claimant receives a certificate from the mediator at the conclusion of mediation. Workers Rehabilitation and Compensation Act (NT), ss103j(1) & 104 However failure to make a claim within this period is not a bar to proceedings if failure was caused by mistake, ignorance of disease, absence from the Territory or other reasonable cause. d. Appeal to Supreme Court 28 days Appeals lie to the Supreme Court on questions of law. Workers Rehabilitation and 18

19 Unless the Court or a Judge orders otherwise, the notice of appeal must be served and filed not later than 28 days after the day on which the decision or determination appealed against was made. Compensation Act (NT), s116 Supreme Court Rules (NT), r87.07 A respondent to an appeal who wishes to appeal from a decision or part of a decision or to seek a variation of a decision or part of a decision may file and serve a notice of cross-appeal within 7 days after the service of the notice of appeal or within any further time that the Work Health Court thinks fit. 2. Other Civil matters 2.1 Building Type of Action Limitation Comments Relevant Act and Comments Period Section a. Appeal from Building Practitioner Board to local 30 days A person may within 30 days of being notified of the decision Building Act (NT), s36 court appeal to the local court against the decision. b. Action for damages for 10 years The action must be brought within Building Act (NT), Claims less than $5,000 19

20 economic loss and rectification costs resulting from defective construction of building work or other work carried out under the Building Act (NT) c. Appeals to the Building Appeals Board 10 years after the date on which the cause of action first accrues. The cause of action accrues on the date of the issue of the occupancy permit in respect of the work or, if an occupancy permit is not issued, on the date of first occupation of the building concerned after completion of the work. The cause of action may be founded on contract or tort (including a cause of action for damages for breach of a statutory duty) or be a cause of action to recover money recoverable by virtue of the Building Act (NT). This limitation period does not affect a right to recover damages for death or personal injury resulting from defective construction. 28 days An appeal to the Building Appeals Board must be commenced not later than 28 days after the date on which notice of the decision appealed against is given. ss159 & 160 Building Act (NT), s130a. See also s19 for functions and powers of the Appeal Board - Small Claims Act (NT) applies (s5) Claims $5,000 -$10,000 Small Claims Act (NT) (s5) or Local Court Act (NT) (ss3 & 14) apply Claims $10,000- $100,000 Local Court Act (NT) applies (ss3 & 14) Claims more than $100,000 Supreme Court The types of claim that may be commenced under the Small Claims Act (NT) are limited (e.g. recovery of an amount), s5 Small Claims Act (NT) See Building Act (NT) and 20

21 Building Regulations (NT) for jurisdiction and powers of the Building Appeals Board. 2.2 Consumer Consumer Credit Type of Action Limitation Period Comments a. Declaration of 6 years Within 6 years of a person contravention of civil contravening a civil penalty penalty provision provision, ASIC may apply to the court for a declaration that the person contravened the provision, and apply for an order that the person pay a pecuniary penalty to the Commonwealth. b. Compensation orders 6 years A person may be ordered to pay compensation for loss or damage suffered (or other appropriate order) only if the application is made within 6 years of the day the cause of action that relates to the contravention or commission of the offence accrued. c. Unlawful credit activity orders 6 years The court may make orders in relation to unlawful credit activities only if the application is made within 6 years of the day the Relevant Act and Section National Consumer Credit Protection Act 2009 (Cth), ss166 & 167 National Consumer Credit Protection Act 2009 (Cth), ss178 & 179 National Consumer Credit Protection Act 2009 (Cth), s180 Comments 21

22 cause of action that relates to the contravention or commission of the offence accrued. d. Adverse publicity orders 6 years The court may, on application by ASIC, make an adverse publicity order against a person only if the application is made within 6 years of the contravention or the commission of the offence. e. Disputed Statement of Account Specified date of payment /30 days / 3 months In the case of a continuing credit contracts to which s38 (3) applies, notice of dispute must be given before the date for payment of the amount of the account, or part of that amount. National Consumer Credit Protection Act 2009 (Cth), s182 National Consumer Credit Protection Act 2009 (Cth), Schedule 1, s38 f. Enforcement proceeding on a disputed statement of In the case of any other continuing credit contract to which s38 (4) applies, notice of dispute must be given within 30 days of receiving the statement of account in which the amount, or part of that amount, was first shown. In the case where no statement of account is provided to which s38 (5) applies, notice of dispute must be given not later than 3 months after the end of the contract. 30 days The credit provider must not begin enforcement proceedings on the National Consumer Credit 22

23 account g. Applications for changes on grounds of hardship and unjust transactions basis of a default arising from the disputed liability until at least 30 days have elapsed from the time the written explanation or advice as to agreement was given. If an application is made to the court under this section within 30 days after the explanation is given, the credit provider must not, without leave of the court, begin enforcement proceedings on the basis of a default arising from the disputed liability 2 years An application may not be brought more than 2 years after the relevant credit contract is rescinded or discharged or otherwise comes to an end. Protection Act 2009 (Cth), Schedule 1, ss38(6) & 38(8) National Consumer Credit Protection Act 2009 (Cth), Schedule 1, s80 An application under s78 (unconscionable interest or other charge) may not be brought more than 2 years after the relevant change takes effect or fee or charge is charged under the credit contract or the credit contract is rescinded or discharged or otherwise comes to an end. h. Enforcement of credit 30 days A credit provider must not begin National 23

24 contracts enforcement proceedings against a debtor in relation to a credit contract unless the debtor is in default under the credit contract and the credit provider has given the debtor, and any guarantor, a default notice, complying with this section, allowing the debtor a period of at least 30 days from the date of the notice to remedy the default; and the default has not been remedied within that period. i. Enforcement of mortgages 30 days A credit provider must not begin enforcement proceedings against a mortgagor to recover payment of money due or take possession of, sell, appoint a receiver for or foreclose in relation to property subject to a mortgage, unless the mortgagor is in default under the mortgage and the credit provider has given the mortgagor a default notice, complying with this section, allowing the mortgagor a period of at least 30 days from the date of the notice to remedy the default; and the default has not been remedied within that period. j. Enforcement of guarantees 30 days A credit provider must not, under a guarantee, enforce a judgment against a guarantor unless the Consumer Credit Protection Act 2009 (Cth), Schedule 1, s88(1) National Consumer Credit Protection Act 2009 (Cth), Schedule 1, s88(2) National Consumer Credit Protection Act 24

25 k. Enforcement of judgment against linked credit provider credit provider has obtained a judgment against the debtor for payment of the guaranteed liability and the judgment remains unsatisfied for 30 days after the credit provider has made a written demand for payment of the judgment debt. 30 days Where judgment is given against a supplier and a linked credit provider, the judgment must not be enforced against the linked credit provider unless a written demand made on the supplier for satisfaction of the judgment has remained unsatisfied for not less than 30 days (Cth), Schedule 1, s90 National Consumer Credit Protection Act 2009 (Cth), Schedule 1, s130(5) l. Enforcement of right against linked credit provider 30 days In proceedings in respect of a right established against a linked credit provider, the debtor may not receive the benefit of the right unless judgment has been given against the supplier and linked credit provider, a written demand has been made on the supplier for satisfaction of the judgment and the demand has remained unsatisfied for not less than 30 days. National Consumer Credit Protection Act 2009 (Cth), Schedule 1, s130(6) m. Taking possession of goods 30 days A lessor must not exercise any National 25

26 under a consumer lease right under a consumer lease to take possession of goods subject to the lease unless the lessor has given the lessee 30 days written notice of the lessor s intention to do so. n. ASIC infringement notice 12 months Any infringement notice must be given within 12 months after the day on which the offence is alleged to have been committed or the civil penalty provision has allegedly been contravened. o. Prosecutions for an offence against the National Credit Code or the regulations 3 years Despite anything in any Act, proceedings for an offence against the National Credit Code (in Schedule 1 to the Act) or the regulations may be brought within the period of 3 years that next succeeds the commission of the offence or, with the consent of the Attorney General, at any later time. Consumer Credit Protection Act 2009 (Cth), Schedule 1, s178 National Consumer Credit Protection Regulations 2010 (Cth), reg 39 National Consumer Credit Protection Act 2009 (Cth), Schedule 1, s Consumer Protections Type of Action a. Actions for damages pursuant to a contravention of Part IV and IVB or Chapter 2 or 3 of the Competition and Consumer Act 2010 (Cth) Limitation Comments Period 6 years A person who suffers loss or damage by conduct of another person in contravention of a provision of Part IV, Part IVB, or Chapter 2 or 3 of Schedule 2 may recover the amount of loss or damage by action against the other person or against any person involved in the contravention by commencing action at any time within 6 years after the day on which the cause of action that Relevant Act and Section Competition and Consumer Act 2010 (Cth), ss82, 87 & Schedule 2, s236 Schedule 2 applies as part of the Consumer Affairs and Fair Trading Act (NT) s27 Comments Part IV covers restrictive practices Part IVB covers industry codes Chapter 2 of Schedule 2 covers general protections, including misleading or 26 deceptive conduct, unconscionable conduct and unfair contract terms

27 6 years A person must not engage in conduct, in relation to a financial product or a financial service in contravention of ss1041e to 1041H. An action may be begun at any time within 6 years after the day on which the cause of action arose. Note that ss12da and 12DB of the Australian Securities and Investments Commission Act 2001 (Cth) regulate misleading or deceptive conduct and false or misleading representations in trade or commerce in relation to financial services, s12dc regulates such conduct in relation to financial products involving land, and ss12dd to 12DN regulate other conduct in relation to financial services/products. Corporations Act 2001 (Cth), ss1041e, 1041F, 1041G, 1041H(1) & 1041I(2) Australian Securities and Investments Commission Act 2001 (Cth), ss12da to DN & 12GF(2) b. Claims for damages or b. compensation Claims for damages for death or or personal compensation injury for death or personal injury 3 years or long 3 years stop or date long stop date Actions for loss or damage relating to the contravention of these provisions must be commenced within 6 years after the day on which the cause of action that relates to the conduct accrued. Personal injury damages from proceedings Personal injury under damages Australian from consumer proceedings law under will not Australian be awarded after: consumer 3 years law from will the not "date be awarded of discoverability" after: 3 years from for the "date death of or injury discoverability" to which the for personal the death injury or damages injury to which would the relate; personal or the injury end of damages the "long-stop" would relate; period. or the end Competition and Consumer Competition Act and 2010 (Cth), ss87f Consumer 87H. Act See 2010 also (Cth), ss87j ss87f & 87H. 87K for See the also effects ss87j & of 87K minority, for the incapacity effects of minority, and close relationships incapacity and close relationships 27

28 c. Actions for offence under Consumer Affairs and Fair Trading Act (NT), s330a d. Requirement to give agreement document to the consumer e. Terminating an unsolicited consumer agreement during the termination e. period Terminating an unsolicited consumer agreement during the termination period 2 year / 5 years Proceedings for an offence against this Act, other than the Australian Consumer Law (set out in Schedule 2 to the Consumer Affairs and Fair Trading Act (NT)), must be commenced: a. within 2 years after the date on which the offence is alleged to have been committed; or b. within 5 years after the date on which the offence is alleged to have been committed with the authorisation of the Minister. 5 days If an unsolicited consumer agreement was negotiated by telephone, the dealer who negotiated the agreement must give to the consumer under the agreement personally, by post or by electronic communication with the consumer s consent a document evidencing the agreement within 5 business days after the agreement was made or such longer period agreed by the parties. 10 days / 3 months/ 6 months 10 days / 3 months/ 6 months The consumer under an unsolicited consumer agreement may terminate the agreement by indicating, The consumer in an under oral or an written notice unsolicited to the consumer supplier under agreement the agreement, may terminate an intention the agreement to by terminate indicating, the in an agreement oral or written within the notice longest to the of supplier the following under the periods: agreement, an intention to terminate the agreement within Consumer Affairs and Fair Trading Act (NT), s330a Competition and Consumer Act 2010 (Cth), Schedule 2, s78 Schedule 2 applies as part of the Consumer Affairs and Fair Trading Act (NT): s27 Competition and Consumer Act 2010 (Cth), Schedule 2, s82 Competition and Schedule Consumer 2 Act applies 2010 (Cth), as part Schedule of the 2, Consumer s82 Affairs and Fair Trading Act Schedule (NT): 2 s27 applies as part of the Consumer Affairs and Fair Trading 28

29 f. Defective Goods Action 3 years / 10 years A person may commence a defective goods action at any time within 3 years after the time the person became aware, or ought reasonably to have become aware, of all of the following: a. the alleged loss or damage; b. the safety defect of the goods; c. the identity of the person who manufactured the goods. Competition and Consumer Act 2010 (Cth), Schedule 2, s143 Schedule 2 applies as part of the Consumer Affairs and Fair Trading Act (NT): s27 A defective goods action must be commenced within 10 years of the supply by the manufacturer of the goods to which the action relates. g. Prosecutions 3 years A prosecution for an offence against a provision of Chapter 4 (Offences) may be commenced at any time within 3 years after the commission of the offence. h. Civil action for recovery of pecuniary penalties 6 years The regulator may institute a proceeding in a court for the recovery on behalf of the Commonwealth, a State or a Territory, as the case may be, of a pecuniary penalty referred to in s224 any time within 6 years after the contravention or conduct. Competition and Consumer Act 2010 (Cth), Schedule 2, s212 Schedule 2 applies as part of the Consumer Affairs and Fair Trading Act (NT): s27 Competition and Consumer Act 2010 (Cth), Schedule 2, s228 Schedule 2 applies as part of the Consumer Affairs and Fair Trading Act (NT): s27 i. Compensation orders etc. 6 years An application by an injured Competition and 29

30 i. Compensation orders etc. for injured persons j. Orders for non party consumers k. Actions against manufacturers of goods 6 years An application by an injured person or the regulator for compensation may be made at any time within 6 years after the day on which the cause of action that relates to the conduct referred to in s237(1)(a)(i) accrued or the declaration referred to in s237(1)(a)(ii) is made. 6 years An application for redress by a non-party consumer may be made at any time within 6 years after the day on which the cause of action that relates to the contravening conduct accrued or the declaration is made. 3 years An affected person may commence an action for damages under Division 2 of Part 5-4 of the Act (Action for damages against manufacturers of goods) at any time within 3 years after the day on which the affected person first became aware, or ought reasonably to have become aware, that the guarantee to which the action relates has not been complied with. Competition and Consumer Act 2010 (Cth), Schedule 2, s237 Schedule 2 applies as part of the Consumer Affairs and Fair Trading Act (NT): s27 Competition and Consumer Act 2010 (Cth), Schedule 2, s239 Schedule 2 applies as part of the Consumer Affairs and Fair Trading Act (NT): s27 Competition and Consumer Act 2010 (Cth), Schedule 2, s273 Schedule 2 applies as part of the Consumer Affairs and Fair Trading Act (NT): s27 30

31 2.3 Contract Type of Action a. Actions in contract and quasi-contract Limitation Comments Period 3 years An action founded on contract (including quasi-contract) not being a cause of action which is evidenced by a deed is not maintainable after 3 years from the date on which the cause of action first accrues to the plaintiff or to a person through whom he or she claims. In contract, the cause of action accrues on breach of contract. Relevant Act and Section Limitation Act (NT), s12 (1)(a) Comment Quasi contract is recognised as being part of the law of "restitution" or "unjustified enrichment". b. Actions upon deed 12 years An action founded upon a deed is not maintainable if brought after 12 years from the date on which the cause of action first accrued to the plaintiff or to a person through whom he or she claims. Limitation Act (NT), s14 Deeds under the Land Title Act (NT): if before an instrument is registered under the Land Title Act 31

32 (NT), a limitation period for the instrument expires under the Limitation Act (NT), and then the instrument is registered under the Land Title Act (NT), the 12 year limitation period applies. c. Actions for an account 3 years An action against a person liable at law to account for money received by that person is not maintainable in respect of any matter if brought after the expiration of a limitation period of 3 years from the date on which the matter arises. Limitation Act (NT), s13 32

33 2.4 Deceased Estates and Family Provision Type of Action a. Application to court to rectify a will Limitation Comments Period 6 months A court can make an order to rectify a will so it carries out the testator s intentions. To make an application for this order from the Court, a person must apply within 6 months after the date of death of the testator. Relevant Act and Section Wills Act (NT), s27 Comments b. Family maintenance proceedings The Court can extend the time limit for making an application, either before or after the 6 month period has expired, but not if the final distribution of the estate has been made. 12 months An application for an order for maintenance for the family of a deceased person shall be made within a period of 12 months after the date on which administration in respect of the estate of the deceased person has been granted. Family Provision Act (NT), s9 The court can extend the time limit but not if the estate of a deceased person has been 33

34 lawfully and fully distributed. c. Cause of action in tort surviving against estate of deceased person 12 months before death / 12 months after probate or letters of administration Proceedings in respect of a cause of action in tort which has survived against the estate of a deceased person are not maintainable unless proceedings against him or her were pending at the date of death or the cause of action arose within 12 months before his or her death and proceedings are taken not later than 12 months after probate or letters of administration was granted. Law Reform (Miscellaneous Provisions) Act (NT), s7 d. Application for representation of an estate when Public Trustee gives notice of intention to act The Supreme Court can grant a further period, or if the cause of action arose earlier than 12 months before the death of the deceased person, the proceedings may continue if the Court is satisfied that it is reasonable to allow the proceedings to continue. 21 days If the Public Trustee is to act in respect of an estate, he or she must serve a notice to anyone who would be entitled to apply for representation of the estate. Administration and Probate Act (NT), s51 34

35 e. Intestacy of Aboriginal people f. Election by spouse or de facto partner to have the matrimonial home appropriated A person has 21 days after the service of notice to advise the trustee that he or she intends to apply for representation, and a further 14 days to apply to a Court following notification of the public trustee. 6 months A person who claims to be entitled to take an interest in an intestate estate of an Aboriginal person under the customs and traditions of the community or group to which the Aboriginal person belonged may apply to the Court for an order. An application should be made within 6 months after the date that administration is granted. The Court can extend the time limit but not if the estate of a deceased person has been lawfully and fully distributed. 1 year A spouse or de facto partner can appropriate an interest in an intestate s dwelling which the spouse or de facto partner of the deceased was residing in at the date of death. This right may be exercised within a period of 1 year after the date on which Administration and Probate Act (NT), s71c Administration and Probate Act (NT), s73 35

36 g. Claim against the estate when the executor or administrator has served a notice calling upon a person to take proceedings to enforce his or her claim h. Action to claim the personal estate of the deceased, under will or intestacy. representation in the estate of the intestate is granted by the Court or within such extended period as the Court allows. 6 months An executor or administrator can serve a notice calling upon a person to take proceedings to enforce his or her claim within a period of 6 months, and to duly prosecute the claim. If, after 6 months that person does not satisfy the Court that he or she is duly prosecuting his or her claim, the Court may, on application by the executor or administrator, make an order barring the claim against the executor or administrator. 3 years Covered by the limitation period governing the recovery of trust property and money wrongfully distributed. An applicant has 3 years to raise an action in respect of breach of trust. Administration and Probate Act (NT), s97 Limitation Act (NT), s33 36

37 2.5 Employment Type of Action a. General protection, contraventions involving dismissal Limitation Comments Period 60 days An application for Fair Work Australia to deal with a dispute regarding alleged contraventions of the general protections provisions involving dismissal must be made within 60 days after the dismissal took effect. Relevant Act and Section Fair Work Act 2009 (Cth), s366 Comments b. General protections court applications (involving dismissal) c. General protections, contraventions not involving dismissal Fair Work Australia may allow an application later than 60 days if there are exceptional circumstances. 14 days A general protections court application (involving dismissal) must be made within 14 days after the certificate issued by Fair Work Australia stating that all reasonable attempts to resolve the dispute have been or are likely to be unsuccessful, or within such a period as a court allows. 6 years An application for Fair Work Australia to deal with a dispute regarding alleged contraventions of the general protections provisions (not involving Fair Work Act 2009 (Cth), s371 Fair Work Act 2009 (Cth), s372 Court application to be made to the Federal Court or Federal Magistrates Court No specific limitation period applies to actions commenced under s372. However, the 6 year limitation 37

38 d. General protections court applications (not involving dismissal) dismissal) must be made within 6 years after the day on which the alleged contravention occurred. 6 years A general protections court application (not involving dismissal) must be made within 6 years after the day on which the alleged contravention occurred. e. General protection, costs 14 days An application for an order of costs in relation to an application to Fair Work Australia to deal with a dispute about alleged contraventions of the general protections provisions must be made within 14 days after Fair Work Australia finishes dealing with the dispute. f. Unfair dismissal 14 days An application to Fair Work Australia for an order granting a remedy must be made within 14 days after the dismissal took effect. Fair Work Australia may allow an application later than 14 days if there are exceptional circumstances. g. Unfair dismissal, costs 14 days An application for an order of costs in relation to an unfair dismissal application must be made 14 days after Fair Work Australia determines the matter or the matter is discontinued. Fair Work Act 2009 (Cth), item 11 of s539(2) & s544 Fair Work Act 2009 (Cth), s377 Fair Work Act 2009 (Cth), s394 Fair Work Act 2009 (Cth), s402 period in s544 may apply 38

39 h. Unlawful termination 60 days An application for Fair Work Australia to deal with a dispute in contravention of s772 of the Fair Work Act must be made within 60 days after the employment was terminated. Fair Work Australia may allow an application later than 60 days if there are exceptional circumstances. i. Unlawful termination costs 14 days An application for an order of costs in relation to an unlawful termination application must be made 14 days after Fair Work Australia finishes dealing with the dispute. j. Unlawful termination court application 14 days An unlawful termination court application must be made within Fair Work Act 2009 (Cth), s774 Fair Work Act 2009 (Cth), s781 Fair Work Act 2009 (Cth), s779 Fair Work Act 2009 (Cth), s772 is similar to the general protections provisions in Part 3-1 of the Fair Work Act 2009 (Cth). Section 772 operates to extend protection to employees who ordinarily fall outside the scope of the Fair Work Act 2009 (Cth) (i.e. employees that are not "national system employees"). Note: this will not be relevant to employees employed in the Northern Territory, as they will usually be "national system employees" Note: only applicable to employees that are not "national system employees" Note: only applicable to employees that are not 39

40 k. Civil remedy/ contractual entitlement 14 days after the certificate issued by Fair Work Australia stating that all reasonable attempts to resolve the dispute have been or are likely to be unsuccessful, or within such a period as a court allows. 6 years A person may apply for an order listed in the Fair Work Act 2009 (Cth) s539, in relation to a contravention of: a. a civil remedy provision; b. a safety net contractual entitlement; and c. an entitlement under s542(1). Fair Work Act 2009 (Cth), s544 "national system employees" The application must be made within 6 years of the contravention. l. Appeal against a decision of a single Fair Work Australia member This does not apply to an application for an unfair dismissal remedy, general protections court applications (involving dismissal), or unlawful termination court applications. 21 days A party wanting to appeal a decision of a single Fair Work Australia member (or a person exercising a delegation from the President or the General Manager) must institute the appeal within 21 days after the date of the award, Fair Work Australia Rules 2010 (Cth), r12 40

41 m. Other reviews by Fair Work Australia order or decision appealed against. Fair Work Australia may grant further time to institute the appeal on application. 21 days If legislation confers on Fair Work Australia a jurisdiction to review a decision made by a decision maker other than Fair Work Australia and does not specify a time within which the review must be instituted, a person seeking a review must file an application for review within 21 days after the date of the decision. Fair Work Australia Rules 2010 (Cth), r13a Fair Work Australia may grant further time to institute the appeal on application. n. Arrears of income 3 years An action to recover arrears of income is not maintainable after 3 years from the date on which the cause of action first accrued. Limitation Act (NT), s Family and de facto Type of Action Limitation Comments Relevant Act and Period Section a. Divorce order 2 years An application for a divorce order Family Law Act Comments 41

42 b. Divorcing parties property and maintenance claims (including bankruptcy trustees) in relation to a marriage shall not, without the leave of the court, be filed within the period of 2 years, unless a number of documents are filed with the application, or the court is satisfied that there are special circumstances. 12 months Where a divorce order has taken effect or a decree of nullity of marriage has been made, proceedings with respect to maintenance and property shall be instituted within 12 months. Proceedings can only be instituted after 12 months if both parties consent, or with leave of the court (Cth), s44(1b) Family Law Act 1975 (Cth), s44. See also s4(1), definition of 'matrimonial cause' The court shall not grant leave to apply out of time unless: a. hardship would be caused to a party or child; or b. in the case of maintenance proceedings the court will look at whether at the end of the period that proceedings could have been instituted without leave, the party was unable to support themselves without government payments. c. Application for a property 2 years A de facto partner may apply to Family Law Act Couples who separated 42

43 settlement at the end of a de facto relationship. d. Application for a property settlement at the end of a de facto relationship, where the relationship ended before March the court for an order for the adjustment of the interests with respect to the property of either of the de facto partners. This application must be made to the Family Court of Australia or the Federal Magistrates Court within 2 years of separation, except with leave of the court when the court may grant leave to apply after the standard application period if the court is satisfied that: a. hardship would result on a party or child if leave were not granted; or b. in the case of an application for an order for maintenance of the party the party s circumstances were, at the end of the standard application period, such that they would have been unable to support themselves without an income-tested pension, allowance or benefit. 2 years A de facto partner may apply to the court for an order for the adjustment of interests with respect to the property of the de facto partners or either of them (Cth) s44(5). See also s44(6) De Facto Relationships Act (NT), s 14 after 2009 may apply for an adjustment of property entitlements outside the 2 year period in certain circumstances pursuant to s44 (5)&(6) of the Family Law Act 1975 (Cth) 43

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