Fact Matrix – Tutorial Problem – Civil Procedure – Time Limits

This is a simple fact matrix and tutorial activity for civil procedure on limitation periods. It includes excerpts from the relevant rules and case law for the ACT jurisdiction in Australia. It can be adapted and amended to suit your own jurisdiction.

Summary:  June Smith falls from a horse in 1986. She consults an orthopaedic surgeon for advice on appropriate treatment. It becomes apparent that the advice received was incorrect. June is now attempting to sue the hospital, but her claim would appear to be time-barred. She is seeking advice on an application for extension.

Issues:  statutes of limitation; negligence; advocacy; advice; extension of time