Law of Limitation, 2nd edition

Navigating the intricacies of limitations schemas that are far from uniform across Australia

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Book
ISBN/ISSN: 9780409353181
Release Date: December 31, 2020
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ISBN/ISSN: 9780409353174
Release Date: December 31, 2020
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Product description

All lawyers are expected to be aware of limitation periods in order to communicate to clients the existence of any relevant limitation period that may apply to a claim. Limitations statutes, however, are “technical Acts” and present difficulties to those acting for a plaintiff to give proper advice as to the steps available to preserve a cause of action within the limitation period. Law of Limitation 2nd edition provides a comprehensive introduction to the structure and application of limitation legislation and offers.

Features

• Authoritative
• Clearly structured
• Comprehensive and multi-jurisdictional
• High level practitioner work

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• Madden, McIlwraith & Madden, Australian Medical Liability, 4th ed

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Table of contents


  • Part I Time Contextualised

  • 1. Source and Justification for Time Bars

  • 2. Nature of Time Bars

  • 3. Application of Time Bars

  • Part II Time Prescribed

  • 4. Running and Computation of Time

  • 5. Contractual Causes of Action

  • 6. Tortious Causes of Action

  • 7. Personal Injury Causes of Action

  • 8. Causes of Action in Relation to Land

  • 9. Causes of Action in Relation to

  • Mortgages

  • 10. Causes of Action in Relation to Trusts

  • 11. Causes of Action for Money Under

  • Statute

  • 12. Other Causes of Action

  • 13. Causes of Action in Equity

  • Part III Time Suspended

  • 14. Disability

  • 15. Fraud and Concealment

  • 16. Mistake

  • 17. Acknowledgement and Part Payment

  • Part IV Time Extended

  • 18. Introduction to the Extension of Time

  • 19. General Discretion to Extend Time —

  • Northern Territory and South Australia

  • 20. Extension of Time for Personal Injury

  • Actions

  • 21. Extension of Time for Defamation and

  • Admiralty Actions

  • Part V Time Reformed

  • 22. Setting Time Bars and Running of Time

  • 23. Ultimate Time Bars and Extending Time

  • 24. Challenging Time Bars