Podcast
Questions and Answers
What is the significance of the date of knowledge in a legal context?
What is the significance of the date of knowledge in a legal context?
What is the consequence if someone dies in relation to the date of knowledge?
What is the consequence if someone dies in relation to the date of knowledge?
What does the legal term 'identity of D' refer to?
What does the legal term 'identity of D' refer to?
Which of the following represents a misunderstanding of the date of knowledge?
Which of the following represents a misunderstanding of the date of knowledge?
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When did Scott Iverson likely achieve his date of knowledge regarding his injury?
When did Scott Iverson likely achieve his date of knowledge regarding his injury?
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What is included in the examinable material regarding accrual of causes of action?
What is included in the examinable material regarding accrual of causes of action?
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Which aspect is NOT covered in the syllabus area regarding limitation periods?
Which aspect is NOT covered in the syllabus area regarding limitation periods?
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In which commentary sections is the concept of accrual of causes of action addressed?
In which commentary sections is the concept of accrual of causes of action addressed?
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What should be referred to for context in understanding limitation rules?
What should be referred to for context in understanding limitation rules?
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Which document contains information on how to advance a limitation argument?
Which document contains information on how to advance a limitation argument?
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Where can you find the mini-brief for the case of Scott Iverson v Amazon Wood Group?
Where can you find the mini-brief for the case of Scott Iverson v Amazon Wood Group?
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Which limitation period is specifically mentioned in the syllabus for cases involving latent damage?
Which limitation period is specifically mentioned in the syllabus for cases involving latent damage?
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What should students complete before advancing to the next unit?
What should students complete before advancing to the next unit?
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What is the time limit for bringing an action for conversion of chattel according to LA 1980?
What is the time limit for bringing an action for conversion of chattel according to LA 1980?
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What is the special time limit for claiming damages relating to personal injuries?
What is the special time limit for claiming damages relating to personal injuries?
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How long do actions for defamation or malicious falsehood have to be initiated under LA 1980?
How long do actions for defamation or malicious falsehood have to be initiated under LA 1980?
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What is the time limit for actions founded on tort according to the Limitation Act?
What is the time limit for actions founded on tort according to the Limitation Act?
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In the context of personal injury claims, what does the date of knowledge refer to?
In the context of personal injury claims, what does the date of knowledge refer to?
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For contractual claims based on simple contracts, what is the time limit established by LA 1980?
For contractual claims based on simple contracts, what is the time limit established by LA 1980?
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What is the time limit for actions regarding defective products?
What is the time limit for actions regarding defective products?
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Which legislation sets the special time limit for actions under Fatal Accidents?
Which legislation sets the special time limit for actions under Fatal Accidents?
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How does the Limitation Act treat the day a cause of action accrues if it occurs midway through a day?
How does the Limitation Act treat the day a cause of action accrues if it occurs midway through a day?
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In cases of contribution claims, how long do parties have to bring an action?
In cases of contribution claims, how long do parties have to bring an action?
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According to the Limitation Act, how is the date when an action is 'brought' defined?
According to the Limitation Act, how is the date when an action is 'brought' defined?
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What is the time limit for actions based on the specialty under LA 1980?
What is the time limit for actions based on the specialty under LA 1980?
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When does the time limit for bringing an action for theft expire?
When does the time limit for bringing an action for theft expire?
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What extension provisions exist for the limitation period in case of fraud?
What extension provisions exist for the limitation period in case of fraud?
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For negligence actions that do not involve personal injuries, what is the overriding time limit?
For negligence actions that do not involve personal injuries, what is the overriding time limit?
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What is the effect of a claimant's knowledge in negligence actions regarding the limitation period?
What is the effect of a claimant's knowledge in negligence actions regarding the limitation period?
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Which of the following is NOT one of the four matters that define the date of knowledge?
Which of the following is NOT one of the four matters that define the date of knowledge?
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What is the maximum duration a plaintiff has to bring an action for negligence involving personal injuries?
What is the maximum duration a plaintiff has to bring an action for negligence involving personal injuries?
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What is the starting date for bringing an action as defined in S14A(5)?
What is the starting date for bringing an action as defined in S14A(5)?
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What is the special time limit for actions to recover rent?
What is the special time limit for actions to recover rent?
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In the context of negligence actions, how many years from the negligent act or omission can a claim be brought?
In the context of negligence actions, how many years from the negligent act or omission can a claim be brought?
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Which case established that a claimant does not need to know they have a possible cause of action?
Which case established that a claimant does not need to know they have a possible cause of action?
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What is the time limit for actions to recover money secured by a mortgage?
What is the time limit for actions to recover money secured by a mortgage?
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Which of the following matters must be known to the claimant to have a valid date of knowledge?
Which of the following matters must be known to the claimant to have a valid date of knowledge?
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What might a defendant argue regarding the time elapsed since an incident?
What might a defendant argue regarding the time elapsed since an incident?
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What action can a defendant take if a judge denies the possibility of s33 exclusion?
What action can a defendant take if a judge denies the possibility of s33 exclusion?
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Under what circumstances does s14A provide an alternative cause of action?
Under what circumstances does s14A provide an alternative cause of action?
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What is the maximum duration for bringing a claim when knowledge of the cause arises?
What is the maximum duration for bringing a claim when knowledge of the cause arises?
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Which of the following statements is true about the conduct of the defendant?
Which of the following statements is true about the conduct of the defendant?
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What must a claimant show to successfully argue for s33 relief?
What must a claimant show to successfully argue for s33 relief?
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In the context of Iverson's case, why is the identity of the employer significant?
In the context of Iverson's case, why is the identity of the employer significant?
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What is the implication of a defendant moving slowly in response to communications?
What is the implication of a defendant moving slowly in response to communications?
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Study Notes
Preparatory Reading and Syllabus Areas
- Read the examinable material in The White Book as outlined in the Syllabus
- Review the Limitation Overview in the Civil Litigation 'Prepare' folder on Elite
- Study paragraphs 8-5, 8-12.1, 8-22, 8-33, 8-36, 8-43 (first five sub-paragraphs), 8-46, 8-64, 8-75 (first sub-paragraph), 8-90, 8-91.1, 8-92, 8-93, and 8-94 from the White Book commentary. These are supplementary to the syllabus
- Read and consider the case of Scott Iverson v Amazon Wood Group
- Review the 'How to advance a limitation argument' section in Lexis Practice Note
- Refer to the Limitation Act 1980 – the general application
BSB Centrally Set Assessments Syllabus Coverage, Unit 2
- Review the syllabus for full White Book references
- Focus on Syllabus Area 2: Limitation
- Accrual of causes of action
- Limitation periods (tort, latent damage, personal injury, fatal accident, contract, and contribution claims)
Examinable Material
- Accrual of Causes of Action: The date from which the limitation period begins and when an action is considered “brought” are examinable aspects
- Refer to commentary paragraphs 8-3.1 and 8-3.2 in Volume 2 of the Civil Procedure (White Book) 2024
-
Limitation Periods: Time limits for actions in tort, latent damage, personal injury, fatal accident, contract, and contribution claims
- Specific time limits for different types of actions are examinable
- The relevant time limits for claiming contribution in specific circumstances
Accrual of Causes of Action
- Limitation begins when the cause of action is calculated and when the action is brought
- The date from which the clock starts is critical
- An action arises when a significant damage is caused – or at the stroke of midnight when a deadline passes
Limitation Periods
- Time limits for different types of cases (tort, contract, etc.)
- Special time limits, if applicable
- Time limits specific to certain injuries or claims
- Knowledge and discovery of facts are factors in some instances
Other Key Information
- Dates of knowledge are critical in many cases – use Section 14(1) when dealing with knowledge claims
- Special circumstances, such as disability, fraud, or concealment can extend time limits
- If an action involves a personal injury, particular provisions might apply
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Description
This quiz covers essential readings and key concepts from the syllabus areas surrounding Civil Litigation, specifically focusing on limitation periods and the accrual of causes of action. Participants will review pertinent material from The White Book, case studies, and practice notes that pertain to limitation arguments and the Limitation Act 1980.