AustLII Tasmanian Consolidated Acts

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SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 89B

Suspension of limitation periods

(1)  On the commencement of any representative proceedings, the running of the limitation period that applies to the claim of a group member to which the proceedings relate is suspended.
(2)  The limitation period does not begin to run again unless  –
(a) the member opts out of the proceedings under section 71 ; or
(b) the proceedings are discontinued; or
(c) the proceedings, and any appeals arising from the proceedings, are determined without finally disposing of the group member’s claim.
(3)  However, nothing in this section affects the running of a limitation period in respect of a group member who, immediately before the commencement of the representative proceedings, was barred by the expiration of that period from commencing proceedings in the member’s own right in respect of a claim in the representative proceedings.
(4)  This section applies despite anything in the Limitation Act 1974 or any other law.



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