Div 32 Personal injuries, latent damage to property and economic loss

Division 3.2 Personal injuries, latent damage to property and economic loss Section 41 page 40 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 (2) In exercising the powers given to it by subsection (1), the court shall have regard to all the circumstances of the case including, for example, the following: (a) the length of time between the occurrence of the damage or loss and the time when the damage or loss might reasonably have been discovered by the plaintiff; (b) the extent to which the plaintiff, after he or she became aware of the damage or loss, acted promptly and reasonably; (c) the extent to which an extension of the limitation period would, or would be likely to, result in prejudice to the defendant; (d) the conduct of the defendant after the relevant cause of action accrued to the plaintiff, including the extent to which the defendant took steps to make available to the plaintiff means of ascertaining facts in relation to the cause of action; (e) the steps (if any) taken by the plaintiff to obtain, for the purposes of the cause of action, legal or other expert advice and the nature of any such advice.