Statutes of limitation between classification and renvoi – Australian and South African approaches compared

Harder, Sirko (2011) Statutes of limitation between classification and renvoi – Australian and South African approaches compared. International and Comparative Law Quarterly, 60 (3). pp. 659-680. ISSN 0020-5893

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Abstract

This article compares the ways in which Australian and South African courts have approached issues of classification and renvoi where a defendant argues that the action is time-barred. There are two differences
in approach. First, Australian courts classify all statutes of limitation as substantive, whereas South African courts distinguish between right-extinguishing
statutes (substantive) and merely remedy-barring statutes
(procedural). Second, the High Court of Australia has used renvoi in the context of the limitation of actions whereas South African courts have yet to decide on whether to use renvoi. This article assesses the impact of those differences in various situations.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K7000 Private international law. Conflict of laws > K7260 Obligations
Depositing User: Sirko Harder
Date Deposited: 22 Sep 2014 08:58
Last Modified: 07 Mar 2017 06:11
URI: http://sro.sussex.ac.uk/id/eprint/50117

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