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Article: Round-Up - Recent Limitation Decisions.
- Article from:
- Mondaq Business Briefing
- Article date:
- May 12, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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This article reviews some recent Australian limitation decisions which considered issues of prejudice to potential defendants, delay by claimants or their solicitors and admissions of liability by insurers.
Limitation periods are a key feature of litigation and risk management processes. Statutory time limits impose a time frame for claimants to initiate proceedings against all relevant parties for tortious conduct within a prescribed time frame (usually three years for personal injury claims). The prescribed limitation period is intended to provide defendants with some reassurance that they will not have an indefinite period of exposure to claims against them. ...