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When is the deadline for defamation: outer limit of a court-ordered extension?

The catalogue records a 3 years period from The date of the alleged publication of the 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
3 years
Trigger
The date of the alleged publication of the 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.

  • Wholly discretionary and governed by the s 37B(3) factors: the length of, and the reasons for, the plaintiff's delay; if a reason for the delay was that some or all of the facts relevant to the cause of action became known only after the limitation period expired, the day on which the facts became known and the extent to which the plaintiff acted promptly and reasonably once they knew; and the extent to which relevant evidence is likely to be unavailable or less cogent because of the delay.
  • Added on verification: the primary limitation period for defamation is 1 year from publication (s 37(1)), which the researcher encoded, but the separate 3-year judicial long-stop in s 37B(2) was not recorded as its own period. It is stated separately here rather than merged into the 1-year entry: 3 years is the outer boundary of what a court may allow, not a period a plaintiff may assume. The single publication rule in s 37A(2)(b) fixes when the 3-year period begins where substantially the same matter is later published by the first publisher or an associate, unless the manner of the subsequent publication is materially different. Source: Limitation of Actions Act 1936 (SA) ss 37A and 37B, version 1.7.2021 published under the Legislation Revision and Publication Act 2002.

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