Post-Ipp special limitation periods for cases of injury to a child by a parent or close associate: new jurisdictional gulfs
Mathews, Benjamin P. (2004) Post-Ipp special limitation periods for cases of injury to a child by a parent or close associate: new jurisdictional gulfs. Torts Law Journal, 12(3), pp. 239-258.
The Ipp Review of the Law of Negligence made several recommendations concerning time limitation periods within which civil claims may be instituted. Among these was a recommendation for a special limitation period for cases where a child is injured by a parent or a person in a close relationship with the child’s parent, recognising the unfairness of a standard limitation period for these cases. New South Wales and Victoria have enacted legislative changes pursuant to this recommendation, giving much more time to commence litigation where a child is injured by a parent or a parent's 'close associate'. These provisions provide particular relief to plaintiffs in many cases of child abuse. This article examines these provisions and their rationales, and explores how they will operate. It will be argued that other jurisdictions should follow the lead of New South Wales and Victoria to eliminate unjustifiable jurisdictional differences in access to justice.
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|Item Type:||Journal Article|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
|Copyright Owner:||Copyright 2004 Thomson Legal and Regulatory|
|Copyright Statement:||Reproduced in accordance with the copyright policy of the publisher.|
|Deposited On:||09 Mar 2007|
|Last Modified:||29 Feb 2012 13:07|
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