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Where am I now? Lawlink > Law Reform Commission > Publications > Introduction
Report 21 (1975) - The Limitation of Actions: Special Protections
Introduction
To the Honourable J. C. Maddison, B.A., LL.B., M.L.A.,
Attorney General for New South Wales.
1. This Commission has a reference “To review the law relating to the limitation of actions, notice of action, and incidental matters”.
2. Two reports have been made to your predecessor under that reference, the first (L.R.C. 3) on 27 October 1967, and the second (L.R.C. 12) on 7 June 1971. There remain for consideration particular matters described in paragraph 2 of the first report (L.R.C. 3) as follows:
These particular matters include the large number of special provisions for the limitation of actions against public authorities, persons in public offices, and other persons, and for notice of action; also the question of fixing limitation periods for the enforcement of statutory charges on land, for example, rates under the Local Government Act, 1919; and further consideration of the limitation period for an action by the Crown to recover land.
3. We may dispose at once of limitation periods concerning enforcement of statutory charges on land and concerning actions by the Crown to recover land. Having reviewed these matters, we make no recommendation concerning them at this stage. Our inquiries suggest that the law in the latter respect is, at least for the time being, satisfactory as it stands. The law and practice concerning statutory charges may not be satisfactory but they should, we believe, be considered with land titles and the transfer of land generally rather than in this report.
4. We also draw attention here to those enactments grouped under the heading “2. Claims for Compensation for Damage” in Appendix A to this report. We are making no recommendation concerning them at present. They do not fall within the ordinary categories of limitation to which this report is directed, though it may be that they should be re-examined at some future time. They are, rather, special conditions attaching to special statutory rights.
5. Our examination of the special protections for public authorities has drawn our attention to some over-long limitation periods fixed by the Limitation Act, 1969. In this report we recommend some changes to the periods fixed by that Act notwithstanding that they were fixed on our own recommendation.
6. Our remarks and recommendations on these matters are contained below under heading A (commencing at paragraph 9) as regards Actions Against Public Authorities, and under heading B (commencing at paragraph 134) as regards Variation of Limitation Periods.
7. In a few places what we say in this report may also be relevant to our proposed report under reference “To review the law relating to proceedings by and against the Crown and incidental matters”. But there will be no significant overlapping, so the present report may proceed independently.
8. In preparing this report we have consulted many of the State's public authorities, and invited other bodies or persons to comment on the state of law as it is and as it ought to be. We set out in Appendix C to this report the names of those who assisted us in that way. We are grateful for their observations and suggestions. We also record here our thanks to the law reform agencies of the other Australian States and of New Zealand for information and assistance readily given in response to our inquiries concerning the working of their limitation laws.
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