Australia · Victoria and ACT limitations
Which period and facts govern ACT wrongful death limitation?
The later of six years following the wrongful event and three years following death under section 16. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class.
- Period
- The later of six years following the wrongful event and three years following death under section 16
- Trigger
- Both the wrongful act, neglect or default and the actual death day
- Rule
- Limitation Act 1985 (ACT) section 16
This wrongful death limitation review uses official current Limitation Act republication R28, effective November 26, 2025. Limitation Act 1985 (ACT) section 16 controls the stated branch. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class. The retained Legislation Act republication R126 is effective February 23, 2026; its determinative-provision rules and actual source facts remain relevant.
Source guide · No automated date
Check the applicable procedure
Limitation Act 1985 (ACT) section 16. The later of six years following the wrongful event and three years following death under section 16. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class. Establish the actual statutory event, eligibility and completion facts before relying on a filing endpoint. This interim source guide provides no computed or paid date.
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Which period and facts govern ACT wrongful death limitation?
The later of six years following the wrongful event and three years following death under section 16. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class.
Responsible actor. The personal representative or other entitled claimant bringing the identified compensation-to-relatives action.
Both the wrongful act, neglect or default and the actual death day
Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class.
The personal representative or other entitled claimant bringing the identified compensation-to-relatives action. The later of six years following the wrongful event and three years following death under section 16. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class.
Limitation Act 1985 (ACT) section 16How does this provision count time?
- The later of six years following the wrongful event and three years following death under section 16
- Institute the identified action in the appropriate court.
- Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class.
The later of six years following the wrongful event and three years following death under section 16. Legislation Act section 151 distinguishes periods beginning from or after an event from periods beginning on an event. Its table also distinguishes an ending before a day. Preserve the actual prohibition and paired-anchor wording for wrongful death limitation, rather than assuming an inclusive anniversary.
For wrongful death limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation.
Limitation Act 1985 (ACT) section 16Which facts prevent one automatic date?
Limitation Act 1985 (ACT) section 16. The later of six years following the wrongful event and three years following death under section 16. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class. Establish the actual statutory event, eligibility and completion facts before relying on a filing endpoint. This interim source guide provides no computed or paid date.
The personal representative or other entitled claimant bringing the identified compensation-to-relatives action identifies both the wrongful act, neglect or default and the actual death day. The later of six years following the wrongful event and three years following death under section 16. Institute the identified action in the appropriate court. The personal representative or other entitled claimant bringing the identified compensation-to-relatives action. The later of six years following the wrongful event and three years following death under section 16. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class.
A proposed endpoint for wrongful death limitation coincides with a weekend or a local public holiday. For wrongful death limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation. Establish the actual completion place and applicable statutory boundary. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class.
Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class. The later of six years following the wrongful event and three years following death under section 16. The different or missing facts prevent choosing a single automatic date. Institute the identified action in the appropriate court. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class.
Which conditions and exceptions apply?
- Actual claimant, action and operative event
- The personal representative or other entitled claimant bringing the identified compensation-to-relatives action. Both the wrongful act, neglect or default and the actual death day.
- Applicable statutory branch and prerequisites
- Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class.
- Exact limitation wording and completion facts
- For wrongful death limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation.
- The personal representative or other entitled claimant bringing the identified compensation-to-relatives action. The later of six years following the wrongful event and three years following death under section 16. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class.
- Wrongful death limitation concerns both the wrongful act, neglect or default and the actual death day. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class. Personal injury limitation requires a separate source classification, so its date does not establish this action’s limitation.
What must the responsible actor complete?
Questions about this procedure
Which period and facts govern ACT wrongful death limitation?
What period applies to ACT wrongful death limitation?
The later of six years following the wrongful event and three years following death under section 16. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class.
Limitation Act 1985 (ACT) section 16What actual event controls wrongful death limitation?
Both the wrongful act, neglect or default and the actual death day. The personal representative or other entitled claimant bringing the identified compensation-to-relatives action must establish that source event from the actual obligation, claim and records.
Limitation Act 1985 (ACT) section 16What must the claimant complete for wrongful death limitation?
Institute the identified action in the appropriate court. Both anchors are required; section 39 court extensions are separate and section 36(5)(c) excludes this wrongful-death class. The actual commencement route and source classification require review.
Limitation Act 1985 (ACT) section 16Is this always simply three years from death?
No. Section16 selects whichever ends later between six years following the wrongful act, neglect or default and three years following death. Both events matter.
Limitation Act 1985 (ACT) section 16Does section 36 provide the extension route?
No. Section36(5)(c) excludes the Civil Law (Wrongs) Act 2002 part 3.1 class. Section39 addresses its court-extension routes.
Limitation Act 1985 (ACT) section 36Does an extension begin on the order date?
Section39 requires an actual court decision and limits the specified further period to no more than six years beginning on death. It does not grant six years after the order.
Limitation Act 1985 (ACT) section 39Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Limitation Act 1985 (ACT) section 16 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1985 (ACT) section 36 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1985 (ACT) section 39 | Check the identified procedure, event, counting rule or qualification |
| Legislation Act 2001 (ACT) sections 151 and 151A | Check the identified procedure, event, counting rule or qualification |