Northern Territory act

Choice of Law (Limitation Periods) Act 1994

In ForceNT

Jurisdiction

Northern Territory

Collection

act

Plain English Summary

3/10 complexity

This Act tells Northern Territory courts to treat the time‑limit (limitation) rules of another Australian State, Territory or New Zealand as part of that place’s substantive law when that foreign law governs a claim, and to exercise any discretion in those limitation rules as the courts of that place would (s5–6). It applies to causes of action that arose before the Act began but not to proceedings already started (s3).

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Current sections

Direct links to the current provisions in Choice of Law (Limitation Periods) Act 1994.

Choice of Law (Limitation Periods) Act 1994

NORTHERN TERRITORY OF AUSTRALIA CHOICE OF LAW (LIMITATION PERIODS) ACT 1994 As in force at 7 November 1994 Table of provisions 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Application ....................................................................................... 1 4 Definitions ........................................................................................ 1 5 Characterisation of limitation laws ................................................... 1 6 Exercise of discretion under limitation law ....................................... 2 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 7 November 1994

CHOICE OF LAW (LIMITATION PERIODS) ACT 1994 An Act relating to limitation periods for choice of law purposes 1 Short title This Act may be cited as the Choice of Law (Limitation Periods) Act 1994. 2 Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. 3 Application This Act extends to a cause of action that arose before the commencement of this Act but does not apply to proceedings instituted before that commencement. 4 Definitions In this Act, unless the contrary intention appears: court includes an arbitrator. limitation law means a law that provides for the limitation or exclusion of any liability or the barring of a right of action in respect of a claim by reference to the time when a proceeding on, or the arbitration of, the claim is commenced. 5 Characterisation of limitation laws If the substantive law of another place being a State or another Territory of the Commonwealth or New Zealand, is to govern a claim before a court of the Territory, a limitation law of that place is to be regarded as part of that substantive law and applied accordingly by the court.

Choice of Law (Limitation Periods) Act 1994 2 6 Exercise of discretion under limitation law Where a court of the Territory exercises a discretion conferred under a limitation law of a place being a State or another Territory of the Commonwealth or New Zealand, that discretion, as far as practicable, is to be exercised in the manner in which it is exercised in comparable cases by the courts of that place.

ENDNOTES Choice of Law (Limitation Periods) Act 1994 3 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Choice of Law (Limitations Periods) Act 1994 (Act No. 45, 1994) Assent date 20 September 1994 Commenced 7 November 1994 (Gaz G44, 2 November 1994, p 5)

Source text

Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

1 Choice of Law (Limitation Periods) Act 1994

NORTHERN TERRITORY OF AUSTRALIA

As in force at 7 November 1994