When is the deadline for limitation - action for defamation?
The catalogue records a 1 year period from The date of publication of the defamatory matter. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
This page is in preparation. It does not offer an automated deadline or a paid record until the missing source or calculator evidence is complete.
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
- 1 year
- Trigger
- The date of publication of the defamatory matter
- 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.
- The general extension power in s 44 is expressly EXCLUDED for defamation (s 44(3)(aa)). Instead, the court may extend the period to up to 3 years from the date of the alleged publication if the plaintiff satisfies the court that it is just and reasonable to allow the action to proceed (s 44A(2)), having regard to the matters in s 44A(2A). A separate automatic extension operates under s 44AA where a concerns notice is given within the last 56 days.
- For matter published in electronic form, the date of publication is the day the matter was first uploaded for access or sent electronically to a recipient (s 44AA(3)). The single publication rule in s 44AAB treats a subsequent substantially similar publication by the first publisher or an associate as accruing on the date of first publication, unless the manner of publication is materially different.