Review of Rees and Chapman's Limitation of Actions Handbook Victoria (Butterworths)
Author: | Antonio Buti BPE (Hons), Dip Ed, MIR, LLB (Hons) (ANU) Senior Lecturer, Murdoch University School of Law |
Subjects: | Law - study and teaching - Australia (Other articles) |
Issue: | Volume 6, Number 2 (June 1999) |
Category: | Current Developments |
A time limitation imposed by a statute of limitation operates in respect of a right independently existing, in contrast to a time limitation annexed by a statute to a right created by that statute. In the latter case, 'the limitation does not bar an existing cause of action. It imposes a condition which is the essence of a new right': Australian Iron & Steel v Hoogland (1961) 108 CLR 471; [1962] ALR 842. Where a claim is created purely by statute, the statute has to be given its full effect, including any engrafted time limitation of whatever character: Crown v McNeil (1922) 31 CLR 76 (at 1).