Section 87H — Competition and Consumer Act 2010 (Cth)

(1) The long‑stop period for the death or injury of a person is:

(a) the period of 12 years following the act or omission alleged to have caused the death or injury; or

(b) that period as extended by the court.

(2) The court must not extend the period by more than 3 years beyond the date of discoverability for the death or injury.

(3) In considering whether to extend the period, the court must have regard to the justice of the case, and, in particular, must have regard to:

(a) whether the passage of time has prejudiced a fair trial; and

(b) the nature and extent of the person’s loss or damage; and

(c) the nature of the defendant’s conduct alleged to have caused the death or injury; and

(d) the nature of the defendant’s conduct since the alleged act or omission.

Related sections

• s 87E — Proceedings to which this Part applies
• s 87F — Basic rule
• s 87G — Date of discoverability
• s 87J — The effect of minority or incapacity
• s 87K — The effect of close relationships
• s 87L — Limits on damages for non‑economic loss

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