Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 87F

Basic rule

             (1)  A court must not award personal injury damages in a proceeding to which this Part applies if the proceeding was commenced:

                     (a)  after the end of the period of 3 years after the date of discoverability for the death or injury to which the personal injury damages would relate; or

                     (b)  after the end of the long-stop period for that death or injury.

          (1A)  However, paragraph (1)(b) does not apply in relation to a proceeding in respect of the death of or personal injury to a person resulting from smoking or other use of tobacco products.

             (2)  This diagram shows when this Division prevents an award of personal injury damages.

 



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