Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 48

48 Transitional provision for Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016

(1) Section 11A applies to an action for damages whether the right of action accrued before or after the commencement of that section (the commencement).

(2) An action on a previously barred right of action may be brought even if—

(a) a limitation period previously applying to the right of action has expired; or

(b) another action has been started in the right of action but not finalised before the commencement; or

(c) another action was started in the right of action and discontinued before the commencement; or

(d) a judgment was given in relation to the right of action on the ground that a limitation period applying to the right of action had expired; or

(e) an action in the right of action was dismissed on the ground that a limitation period applying to the right of action had expired.

(3) If an action on a previously barred right of action is brought after the commencement, the court hearing the action may, if the court decides it is just and reasonable to do so, do either or both of the following—

(a) set aside a judgment given in relation to the right of action on the ground that a limitation period applying to the right of action had expired;

(b) take into account any amounts paid or payable as damages or costs under the judgment.

(4) The Supreme Court may, on application, set aside a judgment under this section even though the Supreme Court is not hearing the action.

(5) However, a court, other than the Supreme Court, may not set aside another court’s judgment under this section.

(5A) An action may be brought on a previously settled right of action if a court, by order on application, sets aside the agreement effecting the settlement on the grounds it is just and reasonable to do so.

(5B) If a court makes an order under subsection (5A) for a previously settled right of action—

(a) each associated agreement is void despite any Act, law or rule of law; and

(b) a party to an associated agreement voided under paragraph (a) may not seek to recover money paid by, or for, the party under the agreement.

(5C) However, a court hearing an action on a previously settled right of action may—

(a) when awarding damages in relation to the action—take into account any amounts paid or payable as consideration under an associated agreement voided under subsection (5B)(a); and

(b) when awarding costs in relation to the action—take into account any amounts paid or payable as costs under an associated agreement voided under subsection (5B)(a).

(6) In this section—

"associated agreement" , for a previously settled right of action, means—

(a) the agreement effecting the settlement; or

(b) any other agreement, other than a contract of insurance, related to the settlement.

"previously barred right of action" means a right of action for an action to which section 11A applies that was not maintainable immediately before the commencement because a limitation period applying to the right of action had expired.

"previously settled right of action" means a right of action for an action to which section 11A applies that was settled before the commencement but after a limitation period applying to the right of action had expired.