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Australia · Northern Territory limitations

Which limitation period and facts govern fatal-injury action limitation in the Northern Territory?

Three years from death for an action under section 7 or 13 of the Compensation (Fatal Injuries) Act 1974. Commence the legally available fatal-injury action within its applicable period. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.

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Read why no date is calculated
Period
Three years from death for an action under section 7 or 13 of the Compensation (Fatal Injuries) Act 1974
Trigger
Actual date of death
Rule
Limitation Act 1981 (NT) section 17
Limitation Act 1981 (NT) section 17

Limitation Act 1981 (NT) section 17 supplies this review’s identified branch. Three years from death for an action under section 7 or 13 of the Compensation (Fatal Injuries) Act 1974. Actual date of death. The official current linked Limitation Act reprint REPL026 is in force August 11, 2025. The retained Interpretation Act is in force April 21, 2023. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment. The linked Compensation (Fatal Injuries) Act is in force November 28, 2022; sections 7 and 13 identify the underlying actions.

Source guide · No automated date

Check the applicable procedure

Limitation Act 1981 (NT) section 17. Three years from death for an action under section 7 or 13 of the Compensation (Fatal Injuries) Act 1974. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment. The actual claim classification, source anchors and completion facts require review. This interim source guide provides no unqualified computed or paid date.

Limitation Act 1981 (NT) section 17

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Which limitation period and facts govern fatal-injury action limitation in the Northern Territory?

Three years from death for an action under section 7 or 13 of the Compensation (Fatal Injuries) Act 1974. Commence the legally available fatal-injury action within its applicable period. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.

Responsible actor. Person entitled to pursue the identified Compensation (Fatal Injuries) Act action.

Actual date of death

The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.

Person entitled to pursue the identified Compensation (Fatal Injuries) Act action. Commence the legally available fatal-injury action within its applicable period. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.

Limitation Act 1981 (NT) section 17

How does this provision count time?

  1. Three years from death for an action under section 7 or 13 of the Compensation (Fatal Injuries) Act 1974
  2. Commence the legally available fatal-injury action within its applicable period.
  3. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.

Three years from death for an action under section 7 or 13 of the Compensation (Fatal Injuries) Act 1974. Interpretation Act section 28(1) excludes the given event day when reckoning a period from that event. Section 17 defines a year as twelve months and a month as a calendar month. The actual accrual or other identified statutory event remains necessary.

For fatal-injury action limitation, Interpretation Act section 28(2) addresses a last day for doing a thing that falls on Saturday, Sunday or a full-day public holiday where the thing may be done. Establish the actual completion place and the applicable source branch. It does not prove accrual, permission, eligibility or that a proposed court extension was granted. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.

Limitation Act 1981 (NT) section 17

Which facts prevent one automatic date?

Limitation Act 1981 (NT) section 17. Three years from death for an action under section 7 or 13 of the Compensation (Fatal Injuries) Act 1974. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment. The actual claim classification, source anchors and completion facts require review. This interim source guide provides no unqualified computed or paid date.

ResultRead the operative provision and establish the applicable branch.

Person entitled to pursue the identified Compensation (Fatal Injuries) Act action identifies actual date of death. Three years from death for an action under section 7 or 13 of the Compensation (Fatal Injuries) Act 1974. Commence the legally available fatal-injury action within its applicable period. Person entitled to pursue the identified Compensation (Fatal Injuries) Act action. Commence the legally available fatal-injury action within its applicable period. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.

A weekend or full-day public holiday falls at the proposed endpoint while considering fatal-injury action limitation. For fatal-injury action limitation, Interpretation Act section 28(2) addresses a last day for doing a thing that falls on Saturday, Sunday or a full-day public holiday where the thing may be done. Establish the actual completion place and the applicable source branch. It does not prove accrual, permission, eligibility or that a proposed court extension was granted. Retain the actual completion place and source branch for fatal-injury action limitation. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.

The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment. Three years from death for an action under section 7 or 13 of the Compensation (Fatal Injuries) Act 1974. The missing or different source facts prevent treating a single generic date as the applicable limit. Commence the legally available fatal-injury action within its applicable period. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.

Which conditions and exceptions apply?

Actual claimant, remedy and source event
Person entitled to pursue the identified Compensation (Fatal Injuries) Act action. Actual date of death.
Applicable limitation branch and material facts
The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.
Statutory reckoning and actual completion place
For fatal-injury action limitation, Interpretation Act section 28(2) addresses a last day for doing a thing that falls on Saturday, Sunday or a full-day public holiday where the thing may be done. Establish the actual completion place and the applicable source branch. It does not prove accrual, permission, eligibility or that a proposed court extension was granted. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.
Limitation Act 1981 (NT) section 17
  • Person entitled to pursue the identified Compensation (Fatal Injuries) Act action. Commence the legally available fatal-injury action within its applicable period. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.
  • This question concerns fatal-injury action limitation. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment. It is distinct from contract, tort and personal-injury limitation, which has its own identified statutory event and eligibility requirements.

What must the responsible actor complete?

Questions about this procedure

Which limitation period and facts govern fatal-injury action limitation in the Northern Territory?

What source period applies to fatal-injury action limitation?

Three years from death for an action under section 7 or 13 of the Compensation (Fatal Injuries) Act 1974. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.

Limitation Act 1981 (NT) section 17

Which actual event controls fatal-injury action limitation?

Actual date of death. Person entitled to pursue the identified Compensation (Fatal Injuries) Act action must establish that event from the claim and source records before selecting a filing date.

Limitation Act 1981 (NT) section 17

What must the responsible actor complete for fatal-injury action limitation?

Commence the legally available fatal-injury action within its applicable period. The death event differs from injury, discovery and representation. A qualifying child-abuse cause and an actual section 44 extension require separate treatment.

Limitation Act 1981 (NT) section 17

Does injury or representation supply the ordinary date?

Section 17 expressly uses death. Earlier injury and later appointment of a representative do not replace the statutory event.

Limitation Act 1981 (NT) section 17

What if the death resulted from qualifying child abuse?

Section 5A(4)(a) extends the child-abuse limitation removal to the cause arising under the Compensation (Fatal Injuries) Act. The underlying qualifying abuse facts remain necessary.

Limitation Act 1981 (NT) section 5A

Can the court consider an extension after ordinary expiry?

Section 44(7) expressly applies the extension provisions to the specified fatal-injury actions even where the period expired before the application. The statutory conditions and actual court decision still govern.

Limitation Act 1981 (NT) section 44

Official sources and review

Provisions used (7)
Provisions used in this guide
ProvisionPurpose
Limitation Act 1981 (NT) section 17Check the identified procedure, event, counting rule or qualification
Limitation Act 1981 (NT) section 5ACheck the identified procedure, event, counting rule or qualification
Limitation Act 1981 (NT) section 44Check the identified procedure, event, counting rule or qualification
Interpretation Act 1978 (NT) section 28Check the identified procedure, event, counting rule or qualification
Interpretation Act 1978 (NT) section 17Check the identified procedure, event, counting rule or qualification
Compensation (Fatal Injuries) Act 1974 (NT) section 7Check the identified procedure, event, counting rule or qualification
Compensation (Fatal Injuries) Act 1974 (NT) section 13Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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