When is the deadline for court proceedings on a motor accident claim?
The catalogue records a 3 years period from The date of the motor accident, or in a death claim the date of death. This draft page remains free only until its source, worked example and limits are reviewed.
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
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 3 years
- Trigger
- The date of the motor accident, or in a death claim the date of death
- 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 6.32(3): leave of the court must not be granted unless the claimant provides a full and satisfactory explanation to the court for the delay AND the total damages of all kinds likely to be awarded, if the claim succeeds, are not less than 25 per cent of the maximum amount that may be awarded for non-economic loss under s 4.13 as at the date of the relevant motor accident. s 6.32(4) disapplies the damages threshold to a claimant who is legally incapacitated because of age or mental capacity. Not computed.
- The leave test is a double hurdle and the damages threshold makes leave unavailable in smaller claims regardless of the explanation for delay, except for claimants within s 6.32(4). Corrected on verification: the researched entry did not record the s 6.32(4) exception for legally incapacitated claimants. Section text verified verbatim against the current consolidation on legislation.nsw.gov.au.