When is the deadline for pre-action written notice of personal injury?
The catalogue records a 6 months period from The day on which the incident giving rise to the personal injury occurred. 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
- 6 months
- Trigger
- The day on which the incident giving rise to the personal injury occurred
- 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.
- r 61.6(3): if the person is not aware that they have suffered personal injury, or that the injury caused material loss or damage, or was arguably caused by the negligence of the person potentially liable, the time is extended until one month after the person becomes so aware. See also Limitation of Actions Act 1936 (SA) s 50 (dispensation with a statutory requirement of notice before action).
- Separate statutory notice regimes may also apply and are not displaced: s 126A of the Motor Vehicles Act 1959 (SA) for compulsory third party matters, and s 16 of the Return to Work Act 2014 (SA) for claims under s 30 of that Act (see the notes to r 61.6).