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Limitation Act 1985
21Contribution between tortfeasors
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21 Contribution between tortfeasors
(1) An action on a cause of action for a contribution under the Civil Law
(Wrongs) Act 2002, section 21 (Right of contribution) is not
maintainable if brought after the first to end of—
(a) a limitation period of 2 years running from the date when the
cause of action for contribution first accrues to the plaintiff or to
a person through whom he or she claims; and
(b) a limitation period of 4 years running from the date of the end
of the limitation period for the principal cause of action.
(2) For subsection (1) (a), the date when a cause of action for contribution
first accrues is—
(a) if the plaintiff in the action for contribution or a person through
whom he or she claims is liable in relation to the damage for
which contribution is claimed by judgment in a civil action or
by arbitral award—the date when the judgment is given or the
award is made, whether or not, for a judgment, the judgment is
afterwards varied as to quantum of damages; or
(b) if, in a case to which paragraph (a) does not apply, the plaintiff
in the action for contribution or a person through whom he or
she claims makes an agreement with a person having a cause of
action for the damage for which the cause of action for
contribution arises, which agreement fixes, as between the
parties to the agreement, the amount of the liability in relation
to that damage of the plaintiff in the action for contribution or a
person through whom he or she claims—the date when the
agreement is made.
Part 2 Periods of limitation and related matters
Division 2.2 General
Section 21A
page 12 Limitation Act 1985
Effective: 26/11/25
R28
26/11/25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(3) In subsection (1) (b):
the limitation period for the principal cause of action means the
limitation period fixed by or under this Act or by or under any other
law in force in the ACT for the cause of action for the liability in
relation to which contribution is sought.