Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Alteration of period of limitation

57 Alteration of period of limitation

(1) If notice of a claim is given under division 3 , or an application for leave to bring a proceeding based on a claim is made under division 3 , before the end of the period of limitation applying to the claim, the claimant may bring a proceeding in court based on the claim even though the period of limitation has ended.
(2) However, the proceeding may only be brought after the end of the period of limitation if it is brought within—
(a) 6 months after the notice is given or leave to bring the proceeding is granted; or
(b) a longer period allowed by the court.
(3) If during the last 14 days of the period of limitation, the claimant wants to give a notice of claim under division 3 but is unsure to which insurer the notice should be given, the notice is validly given if it is given to the commission.
(4) After receiving a notice of claim under subsection (3) , the commission must make inquiries to decide the insurer against which the claim properly lies, and pass the notice of claim on to the appropriate insurer.
(5) If a period of limitation is extended under part 3 of the Limitation of Actions Act 1974 , this section applies to the period of limitation as extended under the part.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback