34Mistake

34 Mistake (1) Subject to subsection (3), if there is a cause of action for relief from the consequences of a mistake, the time that elapses after a limitation period fixed by or under this Act for the cause of action begins to run and before the date when a person having (either solely or with other persons) the cause of action first discovers, or may with reasonable diligence discover, the mistake does not count in the reckoning of the limitation period for an action on the cause of action by him or her or by a person claiming through him or her. (2) Subsection (1) has effect whether the limitation period for the cause of action would, apart from this section, end before or after the date mentioned in that subsection. (3) If property is, after a transaction in which a mistake is made, purchased for valuable consideration by a person who does not, at the time of the purchase, know or have reason to believe that the mistake has been made, subsection (1) does not apply to a limitation period for a cause of action for relief from the consequences of the mistake against the purchaser or a person claiming through him or her.

Postponement of bar Part 3 Personal injuries, latent damage to property and economic loss Division 3.2 Section 35 R28 26/11/25 Limitation Act 1985 Effective: 26/11/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2 Personal injuries, latent damage to property and economic loss 35 Application of div 3.2 This division applies in relation to a cause of action referred to in section 16, 16A, 36 (1) or 38— (a) that accrued before or after the commencement of this Act; and (b) for a cause of action that accrued before the commencement of this Act—whether or not proceedings have been instituted before the commencement of this Act.