Choice of Law (Limitation Periods) Act 1993 (Vic)

Version No. 003

Choice of Law (Limitation Periods) Act 1993

No. 100 of 1993

Version

as at

16 August 2012

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3Definitions

4Application

5Characterisation of limitation laws

6Exercise of discretion under limitation law

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 003

Choice of Law (Limitation Periods) Act 1993

No. 100 of 1993

Version

as at

16 August 2012

The Parliament of Victoria enacts as follows:

1Purpose

The purpose of this Act is to make provision about limitation periods for choice of law purposes.

2Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3Definitions

In this Act—

courtincludes arbitrator;

limitation law means a law that provides for the limitation of any liability or the barring of a right of action in respect of a claim by reference to the time when a proceeding on, or the arbitration of, the claim is commenced.

4Application

This Act extends to a cause of action that arose before the commencement of this section but does not apply to proceedings instituted before the commencement of this section.

5Characterisation of limitation laws

If the substantive law of another place being another State, a Territory or New Zealand, is to govern a claim before a court of this State, a limitation law of that place is to be regarded as part of that substantive law and applied accordingly by the court.

6Exercise of discretion under limitation law

If a court of the State exercises a discretion conferred under a limitation law of a place being another State, a Territory or New Zealand that discretion, as far as practicable, is to be exercised in the manner in which it is exercised in comparable cases by the courts of that place.

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ENDNOTES

1.     General Information

Minister’s second reading speech—

Legislative Assembly: 21 October 1993

Legislative Council: 10 November 1993

The long title for the Bill for this Act was "A Bill relating to limitation periods for choice of law purposes.".

The Choice of Law (Limitation Periods) Act 1993 was assented to on 23 November 1993 and came into operation on 23 November 1993: section 2.

2.     Table of Amendments

There are no amendments made to the Choice of Law (Limitation Periods) Act 1993 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.