Section 87K — Competition and Consumer Act 2010: The effect of close relationships

(1) If: (a) a cause of action to which the proceeding relates is founded on the death or injury to a person (the victim) who was a minor at the time of the act or omission alleged to have caused the death or injury; and (b) the proceeding is taken against a person who was at that time: (i) a parent or guardian of the victim; or (ii) a person in a close relationship with a parent or guardian of the victim; in working out whether the period of 3 years after the date of discoverability, or the long-stop period, has expired, disregard any period: (c) before the victim turns 25; or (d) if the victim dies before turning 25—before the victim’s death. (2) For the purposes of subparagraph (1)(b)(ii), a person is taken to be in a close relationship with a parent or guardian of the victim if the person’s relationship with the parent or guardian is such that: (a) the person might influence the parent or guardian not to bring a claim on behalf of the victim against the person; or (b) the victim might be unwilling to disclose to the parent or guardian the acts, omissions or events in respect of which the cause of action is founded.