Choice Of Law (Limitation Periods) Act 1994 (NT)

NORTHERN TERRITORY OF AUSTRALIA

CHOICE OF LAW (LIMITATION PERIODS) ACT 1994

As in force at 7 November 1994

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Short title2 — Commencement3 — Application4 — Definitions5 — Characterisation of limitation laws6 — Exercise of discretion under limitation lawENDNOTES northern territory of australia

northern territory of australia

As in force at 7 November 1994

CHOICE OF LAW (LIMITATION PERIODS) ACT 1994

An Act relating to limitation periods for choice of law purposes

1Short title

This Act may be cited as the Choice of Law (Limitation Periods) Act 1994.

2Commencement

This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.

3Application

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

4Definitions

In this Act, unless the contrary intention appears:

court includes an arbitrator.

limitation law means a law that provides for the limitation or exclusion 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.

5Characterisation of limitation laws

If the substantive law of another place being a State or another Territory of the Commonwealth or New Zealand, is to govern a claim before a court of the Territory, 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

Where a court of the Territory exercises a discretion conferred under a limitation law of a place being a State or another Territory of the Commonwealth 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.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Choice of Law (Limitations Periods) Act 1994 (Act No. 45, 1994)
Assent date	20 September 1994
Commenced	7 November 1994 (Gaz G44, 2 November 1994, p 5)