62CSpecial provisions for compensation to relatives action

62C Special provisions for compensation to relatives action

62C Special provisions for compensation to relatives action

(1) If a cause of action arises under the Compensation to Relatives Act 1897 (or would arise under that Act but for the expiration as against the deceased of a limitation period) and the cause of action of the deceased was not discoverable (within the meaning of Division 6 of Part 2) by the deceased before the death of the deceased, the court may (in addition to an order under section 62A) order that the expiration as against the deceased of a limitation period for the cause of action by the deceased has no effect in relation to an action brought by the applicant in that court on the cause of action claimed by the applicant.

(2) If such an order is made and the person against whom the claimed cause of action lies brings an action for contribution under section 5 (1) of the Law Reform (Miscellaneous Provisions) Act 1946, the expiration as against the deceased of a limitation period for the deceased’s action has no effect in relation to the action for contribution.

pt 3, div 4 (ss 62A–62F): Ins 2002 No 92, Sch 4.6 [9].