Northern Territory Consolidated Acts

LIMITATION ACT - SECT 39

(1) A putative defendant may serve on a parent or guardian of an infant a notice requiring the parent or guardian to bring, as guardian ad litem, within 6 months after the date of the service of the notice, an action against the putative defendant based upon the incidents identified in the notice.

(2) If a parent or guardian on whom a notice under subsection (1) has been served fails to comply with the notice within the time specified in the notice or, if the putative defendant is unable after reasonable inquiry to trace a parent or guardian of the infant, the putative defendant may apply to the Supreme Court for an order appointing the Public Trustee to be the tutor of the infant for the purpose of bringing against the putative defendant an action arising out of the incidents stated in the notice, and the court may make an order accordingly.

(3) Subject to section 44, where an order is made under subsection (2), an action upon the incidents set out in the notice shall not be brought against the putative defendant after the expiration of -

(a) a limitation period of 3 years from the date of the order; or

(b) the limitation period otherwise fixed by or under this Act for the bringing of the action,

whichever is the later.