45Extinction of right or title must be alleged in proceedings

45 Extinction of right or title must be alleged in proceedings (1) If in proceedings before a judicial tribunal a question arises about extinction under this division of a right or title, a party to the proceedings shall not have the benefit in those proceedings of any such extinction of that right or title unless, as part of the proceedings, he or she has pleaded or otherwise appropriately claimed in accordance with the procedures of the tribunal that the right or title has been so extinguished. (2) In subsection (1), a reference to proceedings before a judicial tribunal is a reference to proceedings before a court or person authorised by law or by agreement to bind the parties to the proceedings by a decision on a question arising in the proceedings about whether or not a right or title has been extinguished under this division. Division 4.2 Arbitration 46 Interpretation for div 4.2 (1) In this division: provisions for arbitration means— (a) the provisions of an agreement to submit present or future differences to arbitration, whether an arbitrator is named in the agreement or not; and (b) the provisions of any law, order or scheme in force in the ACT requiring or permitting the determination of any matter by arbitration or relating to such an arbitration. (2) If the provisions for arbitration are or include the provisions of any law, order or scheme in force in the ACT this division has effect subject to the latter provisions.

Miscellaneous Part 4 Arbitration Division 4.2 Section 47 R28 26/11/25 Limitation Act 1985 Effective: 26/11/25 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au