Limitation of Actions
The Laws of Australia
By: Peter R. Handford
This important book explores the law relating to limitation of actions in civil cases throughout all Australian jurisdictions. The fully revised second edition also includes a new section on Defamation to take into account the uniform defamation laws passed in 2005 and 2006. The Personal Injury section has also been extensively re-written and re-structured for a specific and unique discussion of each Australian jurisdiction. This book offers practitioners an explanatory discussion of the relevant statutory rules and case law in a functional format. The multi-jurisdictional exploration of the principles also aids practitioners who are conducting cases in other jurisdictions and provides a useful comparison of how various jurisdictions govern limitation of actions. Also included is a fully updated Table of Limitation of Actions, a handy at-a-glance reference to key legislative provisions and general limitation periods for all States and Territories, organised by reference to causes of action.
AI Overview
The book "Limitation of Actions – The Laws of Australia" by Peter R. Handford is a comprehensive legal text that focuses on the laws and regulations governing limitation periods in Australia. Here is a detailed overview of the book:
Key Themes
- Limitation Periods: The book extensively covers the various limitation periods applicable to different classes of claims in each state and territory of Australia.
- Legislative Changes: It includes updates on recent legislative changes, such as the abolition of limitation periods for child abuse cases and amendments to defamation and personal injury limitation provisions.
- Case Law: The text provides a thorough analysis of significant case law, including decisions from the High Court and appeal courts, which impact the operation of limitation periods.
- Risk Management: The book is designed to support lawyers in managing risks and ensuring professional compliance with the complex laws surrounding limitation periods.
Plot Summary
The book does not have a narrative plot but rather serves as a reference guide for legal practitioners. It is structured to provide quick and comprehensive access to information on limitation periods, making it a valuable research tool for practitioners, judges, and academics.
Critical Reception
- Renowned Author: Peter Handford, an Emeritus Professor of Law at the University of Western Australia, is recognized in the field of limitation of actions, lending credibility to the work.
- Updated Editions: The 5th Edition has been updated to include recent case law and legislative changes since the 4th Edition published in 2017, ensuring the text remains current and relevant.
- User-Friendly Format: The portable and user-friendly format is designed to save time for busy practitioners without compromising depth of analysis, making it a practical resource for legal professionals.
Significant New Developments
The 5th Edition includes several significant new developments:
- Legislation for Child Abuse: Abolition of limitation periods for child abuse cases and making it easier to sue institutional defendants.
- Defamation Cases: Amendments to limitation periods in defamation cases.
- Personal Injury Provisions: Amendments to personal injury limitation provisions in Tasmania.
- High Court Decisions: New decisions of the High Court on mortgages, the operation of limitation periods, and agreements not to plead limitation.
- Appeal Court Decisions: Important appeal court decisions on personal injury provisions in WA, wrongful death legislation, equitable claims, and amendments after the running of a limitation period.
- Over 200 New Cases: Coverage of over 200 new cases from Australia and overseas.
Critical Reviews
While specific reviews are not provided in the search results, the book's reputation as an essential reference for Australian legal practice and its updates to reflect recent case law and legislative changes indicate its high value in the legal community.
In summary, "Limitation of Actions – The Laws of Australia" by Peter R. Handford is a definitive guide for understanding and navigating the complex laws surrounding limitation periods in Australia. Its comprehensive coverage, updated editions, and user-friendly format make it a critical resource for legal professionals.