Commonwealth Consolidated Acts

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Basic rule

  (1)   A court must not award personal injury damages in a proceeding to which this Part applies if the proceeding was commenced:

  (a)   after the end of the period of 3 years after the date of discoverability for the death or injury to which the personal injury damages would relate; or

  (b)   after the end of the long - stop period for that death or injury.

  (1A)   However, paragraph   (1)(b) does not apply in relation to a proceeding in respect of the death of or personal injury to a person resulting from smoking or other use of tobacco products.

  (2)   This diagram shows when this Division prevents an award of personal injury damages.


A flowchart which summarises the steps to determine whether personal injury damages may be awarded

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