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

journal contribution
posted on 2023-06-08, 18:20 authored by Sirko HarderSirko Harder
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.

History

Publication status

  • Published

Journal

International and Comparative Law Quarterly

ISSN

0020-5893

Publisher

Oxford University Press

Issue

3

Volume

60

Page range

659-680

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2014-09-22

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