Division 3(1) Where, in an action (in this section called the principal action), a claim is made by way of set off, counterclaim or cross action, the claim, for the purposes of this Act:(a) is a separate action, and(b) is, as against a person against whom the claim is made, brought on the only or earlier of such of the following dates as are applicable:(i) the date on which the person becomes a party to the principal action, and(ii) the date on which the person becomes a party to the claim.(2) This section extends to a claim by way of set off made by a defendant under the Civil Procedure Act 2005, even if one or more of the debts giving rise to the set off became due and payable after the date on which the defendant became a party to the principal action, so long as at least one of those debts became due and payable on or before that date.
Where, were it not for this Act, two or more persons would have a cause of action jointly and, by this Act, an action on the cause of action is not maintainable by one or more of them, an action on the cause of action is nonetheless maintainable by the other or others of them and judgment may be given accordingly.
Where, were it not for this Act, two or more persons would be liable on a cause of action jointly and, by this Act, an action on the cause of action is not maintainable against one or more of them, an action on the cause of action is nonetheless maintainable against the other or others of them and judgment may be given accordingly.
(1) Rules of court may be made under the Supreme Court Act 1970 in relation to the practice and procedure of the Supreme Court in proceedings under this Act.(2) Rules of court may be made under the District Court Act 1973 in relation to the practice and procedure of the District Court in proceedings under this Act.(3) Rules of court may be made under the Local Court Act 2007 in relation to the practice and procedure of the Local Court (in its exercise of jurisdiction under Part 3 of the Local Court Act 2007) in proceedings under this Act.
78 Characterisation of limitation laws
(1) In this section:limitation law means a law (including but not limited to this Act) that provides for the limitation or exclusion of any liability or the barring of a right of action in respect of a claim by reference to the time when a proceeding on, or the arbitration of, the claim is commenced.
(2) A limitation law of the State is to be regarded as part of the substantive law of the State.(3) This section extends to a cause of action that arose before the commencement of this section, but does not apply to proceedings instituted before the commencement of this section.