Law Reform (Limitation of Actions) Act of 1956 (5 Eliz Ii No. 19) (Qld)

262 PRACTICE. Law Reform (Limitation of Actions) Act . 5 E liz . II. No. 19, PRACTICE. 5 N E o l . iz 1 . 9I. I. An Act to Amend, in certain respects, the Laws T he L aw R eform (L imitation relating to the Limitation of Actions of A ctions ) A ct of (including Actions against the Crown) in 1956. respect of Personal Injuries to Persons. [A ssented to 22 nd N ovember , 1956.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Shcrt title. 1. This Act may be cited as “ The Law Reform {Limitation of Actions) Act of 1956.” Act to bind Crown. 2. This Act binds the Crown. Personal injury. 3. In this Act the term “personal injury” includes any disease and any impairment of a person’s physical or mental condition. Repeals. 4. (1.) This section applies to actions for damages for negligence, nuisance or the breach of duty (whether the duty exists by virtue of a contract or a provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injury to any person. (2.) So much of any Act as enacts that in any action or other proceeding to which this section applies— (a) The action or proceeding be commenced within any particular time; or (6) Notice of action is to be given; or (c) The defence is to be entitled to any particular kind or amount of costs or the plaintiff is to be deprived of costs in default of his bringing the action or proceeding within any particular time or in giving notice of action, is hereby repealed.

PRACTICE. 263 1956. Law Reform (Limitation of Actions) Act. 5. Notwithstanding anything contained in any Limitations other Act or law or rule of law to the contrary, actions ^“"t 0f for damages for negligence, nuisance or breach of duty personal (whether the duty exists by virtue of a contract or provision made by or under a statute or independently of any contract or any such provision) where damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injury to any person shall be commenced within three years after the cause of such actions arose, but not after. 6. Section fourteen of *“ The Common Law Practice Amendment Acts, 1867 to 1940,” is amended by repealing the words 31 yic4of “ twelve calendar months ” and inserting in lieu of No. 17. those repealed words, the words “ three years 7. Subsection three of section 15 d of *“ The Common Amendment Law Practice Acts, 1867 to 1940,” is amended by repealing, in paragraph ( h ) thereof, the words “ The cause ofNo. 17. action arose not earlier than six months before his death and ”. 8. (1.) Subject to subsection two of this section, Transitional the time for bringing proceedings in respect of a provislons‘ cause of action which arose before the passing of this Act shall, if it is not then already expired, expire at the time when it would have expired apart from the provisions of this Act or at the time when it would have expired if the provisions of this Act had at all material times been in force, whichever is the later. (2.) The amendments made by sections six and seven of this Act to *“ The Common Law Practice Acts, 1867 to 1940,” shall apply as well in relation to causes of action arising before (as if the provisions of this Act at all material times had been in force) as in relation to causes of action arising after the passing of this Act. (3.) Save as aforesaid, nothing in this Act shall affect any action or proceeding if the cause of action arose before the passing thereof. * 31 V. No. 17 and amending Acts.