Competition and Consumer Act 2010
87FBasic rule
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87F Basic rule
(1) A court must not award personal injury damages in a proceeding to which this Part applies if the proceeding was commenced:
(a) after the end of the period of 3 years after the date of discoverability for the death or injury to which the personal injury damages would relate; or
(b) after the end of the long‑stop period for that death or injury.
(1A) However, paragraph (1)(b) does not apply in relation to a proceeding in respect of the death of or personal injury to a person resulting from smoking or other use of tobacco products.
(2) This diagram shows when this Division prevents an award of personal injury damages.
A flowchart which summarises the steps to determine whether personal injury damages may be awarded