When is the deadline for limitation period: defamation?
The catalogue records a 1 year period from The date of the publication of the matter complained of. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
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Calculation basis and source
- Period
- 1 year
- Trigger
- The date of the publication of the matter complained of
- 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.
- TWO DISTINCT MECHANISMS. (1) Limitation Act 1969 (NSW) s 56A(2): the court may extend the limitation period to a period of up to 3 years running from the date of the alleged publication of the matter if the plaintiff satisfies the court that it is just and reasonable to allow an action to proceed, having regard under s 56A(3) to all the circumstances including the length of and reasons for the delay. (2) Limitation Act 1969 (NSW) s 14B(2) and (3): the 1 year period is taken to be extended, by operation of law and without any court order, where a concerns notice is given to the proposed defendant on a day within the period of 56 days before the limitation period expires. Neither is computed.
- Read with the single publication rule in Limitation Act 1969 (NSW) s 14C, which fixes the date of the first publication as the reference point for subsequent publications of substantially the same matter by the first publisher or an associate. The concerns notice regime in the Defamation Act 2005 (NSW) also imposes a mandatory pre-action step and waiting period, captured separately at au_nsw_defamation_concerns_notice_period, and that waiting period must be planned around the 1 year limitation period. Section text verified verbatim against the current consolidation on legislation.nsw.gov.au.