COMPETITION AND CONSUMER ACT 2010 - SECT 87K The effect of close relationships

COMPETITION AND CONSUMER ACT 2010 - SECT 87K

  (1)   If:

  (a)   a cause of action to which the proceeding relates is founded on the death or injury to a person (the victim ) who was a minor at the time of the act or omission alleged to have caused the death or injury; and

  (b)   the proceeding is taken against a person who was at that time:

  (i)   a parent or guardian of the victim; or

  (ii)   a person in a close relationship with a parent or guardian of the victim;

in working out whether the period of 3 years after the date of discoverability, or the long - stop period, has expired, disregard any period:

  (c)   before the victim turns 25; or

  (d)   if the victim dies before turning 25--before the victim's death.

  (2)   For the purposes of subparagraph   (1)(b)(ii), a person is taken to be in a close relationship with a parent or guardian of the victim if the person's relationship with the parent or guardian is such that:

  (a)   the person might influence the parent or guardian not to bring a claim on behalf of the victim against the person; or

  (b)   the victim might be unwilling to disclose to the parent or guardian the acts, omissions or events in respect of which the cause of action is founded.