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

(1) If:

(a) a cause of action to which the proceeding relates is founded on the death or injury to a person (the victim) who was a minor at the time of the act or omission alleged to have caused the death or injury; and

(b) the proceeding is taken against a person who was at that time:

(i) a parent or guardian of the victim; or

(ii) a person in a close relationship with a parent or guardian of the victim;

in working out whether the period of 3 years after the date of discoverability, or the long‑stop period, has expired, disregard any period:

(c) before the victim turns 25; or

(d) if the victim dies before turning 25—before the victim’s death.

(2) For the purposes of subparagraph (1)(b)(ii), a person is taken to be in a close relationship with a parent or guardian of the victim if the person’s relationship with the parent or guardian is such that:

(a) the person might influence the parent or guardian not to bring a claim on behalf of the victim against the person; or

(b) the victim might be unwilling to disclose to the parent or guardian the acts, omissions or events in respect of which the cause of action is founded.

Related sections

• s 87G — Date of discoverability
• s 87H — Long‑stop period
• s 87J — The effect of minority or incapacity
• s 87L — Limits on damages for non‑economic loss
• s 87M — Maximum amount of damages for non‑economic loss
• s 87N — Index numbers

Research how courts apply s 87K

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