Document ID: chunk:federal_register_of_legislation:C2004A01348:clause:1_87f
Version: federal_register_of_legislation:C2004A01348
Segment Type: clause
Provision Reference: sch 1 cl 87F
Character Range: 5509–6163

87F  Basic rule

 (1) A court must not award personal injury damages in a proceeding to which this Part applies if the proceeding was commenced:
 (a) after the end of the period of 3 years after the date of discoverability for the death or injury to which the personal injury damages would relate; or
 (b) after the end of the long‑stop period for that death or injury.

 (1A) However, paragraph (1)(b) does not apply in relation to a proceeding in respect of the death of or personal injury to a person resulting from smoking or other use of tobacco products.

 (2) This diagram shows when this Division prevents an award of personal injury damages.