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.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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