Report No. 193
"Substantive
Some limitation provisions generally operate to automatically extinguish the right on which a claim is based, once the limitation period for bringing proceedings to enforce the right has expired. The reason for enacting legislation which has this effect is that, given that the purpose of a limitation statute is to prevent claimants from suing after the specified period of time has elapsed, it is "both more realistic and theoretically sound" for the legislation to provide 29that the right no longer exists after the limitation period has expired, rather than to merely ban the remedy (Ontario Law Reform Commission, Report on Limitation of Actions (1969) p.126-127).
It is considered undesirable, by leaving a claim in existence without the support of a Court ordered remedy, "to leave settled expectations open for ever afterwards to disturbance by accident or by contrivance" (New South Wales Law Reform Commission, Report No.3: Report on the Limitation of Actions, Oct. 1967, para 14)."
In regard to the choice of law Rules, the Queensland Commission referred to the following statutes where in respect of action in the forum countries in Australian States and Territories, the limitation law of the other jurisdiction will apply and will be treated as part of the substantive law of the country where the cause of action arose:
(1) Section 5 of Limitation Act, 1985 (ACT);
(2) Section 5 of Choice of Law (Limitation Periods) Act 1993 (NSW);
(3) Section 78(2) of the Limitation Act, 1969 (NSW);
(4) Section 5 of the Choice of Law (Limitation Periods) Act, 1994 (Northern Territory);
(5) Section 5 of the Choice of Law (Limitation Periods) Act, 1996 (Queensland) and section 43A(2) of the Limitation of Actions Act, 1974 (Queensland);
(6) Section 38A of the Limitation of Actions Act, 1936 (South Australia);
(7) Section 32C of the Limitation Act, 1974 (Tasmania);
(8) Section 5 of the Choice of Law (Limitation Periods) Act, 1993 (Victoria);
(9) Section 5 of the Choice of Law (Limitation Periods) Act, 1994 (Western Australia).
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