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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44177
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I refer to limitations Act 1974. Part 1 preliminary 5. (1)

Customer Question

I refer to limitations Act 1974.
Part 1 preliminary
5. (1) action includes any proceedings in a court of Law
Part. 2. 10(1)(d)
Question is When is the date the legal action is deemed to start ? Refer Part 2 10. (1)
The dateL the application is filed with the court to be heard?
Or the date ithe order is granted in the court ?
Or the date the claim is filed with the court?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

The limitation period applies to starting proceedings in court. So if it is 3 years, you have up to 3 years to start a court action. Depending on what action you are referring to the calculation of the period may differ. What is your action?