When can a statute of limitations be tolled?
Various events or circumstances will toll a statute of limitations. It is tolled when one of the parties is under a legal disability—the lack of legal capacity to do an act—at the time the cause of action accrues.
Does filing a complaint toll the statute of limitations?
While the statute of limitations varies depending upon the type of claim contemplated in any given matter, as a rule, if it “runs out” prior to the filing of a complaint, the case is no longer valid. Sometimes, however, the statute of limitations is suspended, or “tolled,” for a while before it begins to run again.
What is the function of a statute of limitations?
A statute of limitations is a law that forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago. The main purpose of these laws is to ensure that convictions are based upon evidence (physical or eyewitness) that has not deteriorated with time.
How long is the statute of limitations in Australia?
12 yearsIf you have received a judgement in your favour, the statute of limitations is 12 years through most of Australia. The exceptions to this rule are Victoria and South Australia, which both have a 15-year limitation for debts associated with a court judgement.