PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 77D Alteration of limitation period for personal injury arising out of an incident happening before 18 June 2002

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 77D

77D Alteration of limitation period for personal injury arising out of an incident happening before 18 June 2002

(1) This section applies in relation to a personal injury arising out of an incident happening before 18 June 2002 if—

(a) the period of limitation for a proceeding based on a claim for the personal injury ends during the period starting 18 June 2002 and ending at the end of 18 December 2003; and

(b) a proceeding based on the claim has not been started in a court, including in a court outside Queensland or Australia.

(2) If the period of limitation has ended, the claimant may start a proceeding in a court based on the claim—

(a) if a complying notice of claim is given before 18 June 2003—before or on 18 June 2003; or

(b) at a later time, not more than 6 months after the complying notice of claim is given and not later than the end of 18 December 2003, with the court’s leave.

(3) If a proceeding is started under subsection (2) without the claimant having complied with chapter 2, part 1, the proceeding is stayed until the claimant complies with the part or the proceeding otherwise ends.

(4) This section does not limit section 43.