When is the deadline for child's notice of intended personal injury claim?
The catalogue records a 6 years period from the day the accident giving rise to the injury happened, or for a disease or disorder, the day the plaintiff or the plaintiff's parent or guardian first knows of the injury and its relation to another's act or omission. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 years
- Trigger
- the day the accident giving rise to the injury happened, or for a disease or disorder, the day the plaintiff or the plaintiff's parent or guardian first knows of the injury and its relation to another's act or omission
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Noncompliance does not prevent the plaintiff bringing a proceeding, but unless the court is satisfied there is compelling reason to excuse it, damages must not be awarded for medical, legal or gratuitous services provided before the proceeding began (s 30A (7)). Under s 30A (6) the defendant may by written notice require the plaintiff, within 6 months after the day the notice is given, to bring a proceeding in a court.