NCJ Number
168389
Date Published
1997
Length
23 pages
Annotation
This report reviews the nature of statutes of limitations, examines the existing limitation periods specified by the Limitation of Actions Act 1974 for Queensland, Australia, and requests comments from readers.
Abstract
The review was requested by the attorney general as the basis for potential amendments to the law relating to medical issues, latent damage or loss, and the definition of the limitation period. Limitation periods are justified on the basis of fairness, certainty, and public policy. The Queensland law provides for limitation periods ranging from 2 to 12 years, depending on the type of claim involved. The law generally provided that the time specified as the limitation period for a particular kind of claim starts to run when the cause of action arises or accrues. Plaintiffs may apply to have the limitation period extended. Problems with the existing law relate to latent damage, inconsistency, complexity, and incomprehensibility to litigants. Reform options include modification of the existing legislation, starting the limitation period at the date of the act or omission, using a discovery-based system, or compulsory insurance. Footnotes and appended list of topics on which comments are sought