When is the deadline for notice of injury for a personal injury claim in a minor civil action?
The catalogue records a 6 months period from The date of the incident for which the intended claim will be made. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 months
- Trigger
- The date of the incident for which the intended claim will be made
- 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 r 61.6(3) extension (time extended until one month after the person becomes aware of the injury, the material loss, or the arguable negligence) applies through the incorporation of r 61.6. See also Limitation of Actions Act 1936 (SA) s 50.
- The statement of claim must confirm that the required notice has been given under this rule, s 126A of the Motor Vehicles Act 1959 (SA) or s 30 of the Return to Work Act 2014 (SA) as applicable (r 332.1(2)).