Northern Territory Numbered Acts

DEFAMATION ACT 2006 (NO 8 OF 2006) - SECT 51

    After section 44 –

    insert

Division 3 – Extension of limitation period for defamation

44A.     Extension of limitation period by court

    (1)     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.

    (2)     If the court is satisfied it was not reasonable in the circumstances for the plaintiff to have commenced an action in relation to the matter complained of within one year from the date of the publication, the court must extend the limitation period mentioned in section 12(1A) to a period of up to 3 years from the date of the publication.

    (3)     A court may not order the extension of the limitation period for a cause of action for defamation other than in the circumstances specified in subsection (2).

44B.     Effect of order

    If a court orders the extension of a limitation period for a cause of action under section 44A, the limitation period is accordingly extended –

    (a)     for an action (the "principal action") brought by the applicant in that court on the cause of action the applicant claims to have; and

    (b)     for section 24(1)(b) in relation to any action to recover contribution associated with the principal action.

44C.     Prior expiry of limitation period

    An order for the extension of a limitation period, and an application for such an order, may be made under this Division even though the limitation period has already expired.