Tasmanian Consolidated Acts

LIMITATION ACT 1974 - SECT 38A

      (1) A person who has a cause of action which accrued before the commencement day may apply to a judge for an extension of the period of limitation specified in section 5(1) to 3 years commencing on the date of discoverability.

      (2) A judge may extend the period of limitation specified in subsection (1) having regard to –

(a) the justice of the case; and

(b) the matters mentioned in section 5A(5)(a), (b) and (c).

      (3) A person may apply to a judge for an extension of the period of limitation specified in section 5(1) to 3 years commencing on the commencement day if that person –

(a) suffers from an injury or disease the date of discoverability of which occurred 6 or more years after the cause of action accrued; and

(b) has a cause of action which accrued before the commencement day; and

(c) proposes to rely on a date of discoverability which occurred before the commencement day.

      (4) The judge may extend the period of limitation referred to in subsection (3) having regard to the matters set out in subsection (2).