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Australia · Victoria and ACT limitations

Which period and facts govern ACT motor accident damages limitation?

The action is not maintainable if brought five years or more after the injury day under section 16AA(2). Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years.

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Read why no date is calculated
Period
The action is not maintainable if brought five years or more after the injury day under section 16AA(2)
Trigger
The day the injury happened
Rule
Limitation Act 1985 (ACT) section 16AA
Limitation Act 1985 (ACT) section 16AA

This motor accident damages limitation review uses official current Limitation Act republication R28, effective November 26, 2025. Limitation Act 1985 (ACT) section 16AA controls the stated branch. Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years. 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 16AA. The action is not maintainable if brought five years or more after the injury day under section 16AA(2). Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years. 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.

Limitation Act 1985 (ACT) section 16AA

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Which period and facts govern ACT motor accident damages limitation?

The action is not maintainable if brought five years or more after the injury day under section 16AA(2). Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years.

Responsible actor. The claimant bringing a chapter 5 Motor Accident Injuries Act 2019 cause of action.

The day the injury happened

Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years.

The claimant bringing a chapter 5 Motor Accident Injuries Act 2019 cause of action. The action is not maintainable if brought five years or more after the injury day under section 16AA(2). Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years.

Limitation Act 1985 (ACT) section 16AA

How does this provision count time?

  1. The action is not maintainable if brought five years or more after the injury day under section 16AA(2)
  2. Institute the identified action in the appropriate court.
  3. Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years.

The action is not maintainable if brought five years or more after the injury day under section 16AA(2). 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 motor accident damages limitation, rather than assuming an inclusive anniversary.

For motor accident damages limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years. 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 16AA

Which facts prevent one automatic date?

Limitation Act 1985 (ACT) section 16AA. The action is not maintainable if brought five years or more after the injury day under section 16AA(2). Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years. 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.

ResultRead the operative provision and establish the applicable branch.

The claimant bringing a chapter 5 Motor Accident Injuries Act 2019 cause of action identifies the day the injury happened. The action is not maintainable if brought five years or more after the injury day under section 16AA(2). Institute the identified action in the appropriate court. The claimant bringing a chapter 5 Motor Accident Injuries Act 2019 cause of action. The action is not maintainable if brought five years or more after the injury day under section 16AA(2). Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years.

A proposed endpoint for motor accident damages limitation coincides with a weekend or a local public holiday. For motor accident damages limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years. 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. Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years.

Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years. The action is not maintainable if brought five years or more after the injury day under section 16AA(2). The different or missing facts prevent choosing a single automatic date. Institute the identified action in the appropriate court. Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years.

Which conditions and exceptions apply?

Actual claimant, action and operative event
The claimant bringing a chapter 5 Motor Accident Injuries Act 2019 cause of action. The day the injury happened.
Applicable statutory branch and prerequisites
Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years.
Exact limitation wording and completion facts
For motor accident damages limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years. 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 16AA
  • The claimant bringing a chapter 5 Motor Accident Injuries Act 2019 cause of action. The action is not maintainable if brought five years or more after the injury day under section 16AA(2). Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years.
  • Motor accident damages limitation concerns the day the injury happened. Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years. 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 motor accident damages limitation?

What period applies to ACT motor accident damages limitation?

The action is not maintainable if brought five years or more after the injury day under section 16AA(2). Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years.

Limitation Act 1985 (ACT) section 16AA

What actual event controls motor accident damages limitation?

The day the injury happened. The claimant bringing a chapter 5 Motor Accident Injuries Act 2019 cause of action must establish that source event from the actual obligation, claim and records.

Limitation Act 1985 (ACT) section 16AA

What must the claimant complete for motor accident damages limitation?

Institute the identified action in the appropriate court. Section36(5)(a) excludes this branch; separate Motor Accident Injuries Act notice and claim deadlines are not replaced by five years. The actual commencement route and source classification require review.

Limitation Act 1985 (ACT) section 16AA

Does this apply to every motor-related injury claim?

Section16AA(1) confines the branch to a motor accident claim under chapter 5 of the Motor Accident Injuries Act 2019. The legal route must be established.

Limitation Act 1985 (ACT) section 16AA

Can the court extend the five-year period under section 36?

No. Section36(5)(a) expressly excludes a cause of action to which section 16AA applies from section 36.

Limitation Act 1985 (ACT) section 36

Does five years replace the claim deadlines noted in the Act?

No. The notes to section 16AA identify separate three-month Motor Accident Injuries Act claim requirements tied to notices or assessments. The actual statutory route and events must be checked.

Limitation Act 1985 (ACT) section 16AA

Official sources and review

Provisions used (5)
Provisions used in this guide
ProvisionPurpose
Limitation Act 1985 (ACT) section 16AACheck the identified procedure, event, counting rule or qualification
Limitation Act 1985 (ACT) section 36Check the identified procedure, event, counting rule or qualification
Limitation Act 1985 (ACT) section 30Check the identified procedure, event, counting rule or qualification
Limitation Act 1985 (ACT) section 30BCheck the identified procedure, event, counting rule or qualification
Legislation Act 2001 (ACT) sections 151 and 151ACheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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