South Australian Current Acts

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CIVIL LIABILITY ACT 1936 - SECT 50V

50V—Meaning of affected agreement

        (1)         In this Part, "affected agreement" means an agreement—

            (a)         that prevents the commencement or maintenance of proceedings on a cause of action to which section 3A of the Limitation of Actions Act 1936 applies if—

                  (i)         the agreement occurred before the commencement of that section; and

                  (ii)         at the time of the agreement, a limitation period applying to the cause of action had expired; or

            (b)         that prevents the commencement or maintenance of proceedings on a cause of action in respect of an abuse claim (within the meaning of Part 7A) if—

                  (i)         the agreement occurred before the commencement of Part 7A; and

                  (ii)         at the time of the agreement, proceedings on the cause of action could not be commenced or maintained against a person or institution that would have been liable under Part 7A for child abuse had the Part been in force.

        (2)         For the purposes of this section, a limitation period is taken to have expired even if it were possible at the time to seek the leave of a court to extend the period.



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