When is the deadline for applicable period for an offer to make amends that must elapse before defamation proceedings may be commenced?
The catalogue records a 28 days period from The day the publisher was given the concerns notice by the aggrieved person. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The day the publisher was given the concerns notice by the aggrieved person
- 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.
- s 12B(3): the court may grant leave for proceedings to be commenced despite non-compliance with s 12B(1)(c), on conditions set out in that subsection. Not computed.
- Added on verification: this is a not-before date rather than a bar, but it is inseparable from the 1 year defamation limitation period in Limitation Act 1969 (NSW) s 14B(1). A plaintiff who serves a concerns notice too close to the anniversary of publication cannot commence in time unless the automatic extension in Limitation Act s 14B(2) and (3) is engaged, which requires the concerns notice to be given within the 56 days before expiry. Section text verified verbatim against the current consolidation of the Defamation Act 2005 (NSW) on legislation.nsw.gov.au.