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  • Limitation periods for personal injuries damages claims arising from child abuse have been retrospectively abolished.
  • Some existing judgments against plaintiffs may be overturned on application to the Supreme Court of NSW.
  • The courts’ ability to manage proceedings and stay or dismiss actions is retained.

In New South Wales there is no longer any time restriction in the Limitation Act 1969 (NSW) to bring damages claims relating to death or personal injury resulting from child abuse. The amendment follows recommendations in the Redress and Civil Litigation Report of the Royal Commission into Institutional Responses to Child Sexual Abuse published in August 2015.

The effect is that claims that had been barred because of expiration of the limitation period may now be brought by victims of child abuse and some classes of people who claim through them.

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