When is the deadline for defendant's notice requiring a child plaintiff to bring the action?
The catalogue records a 6 months period from The date of the defendant's written notice to the plaintiff (or, if the plaintiff is still a child, the plaintiff's parent or guardian). 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 defendant's written notice to the plaintiff (or, if the plaintiff is still a child, the plaintiff's parent or guardian)
- 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.
- Section 45A(6): in any such action the court may, if it thinks it appropriate, exercise its power to make a determination of liability and adjourn final assessment of damages until a later date. Section 45A(7) governs the consequences of non-compliance (loss of pre-action medical and gratuitous services damages and pre-action costs unless the court is satisfied there is good reason to excuse it). Limitation of Actions Act 1936 (SA) s 48 may also be engaged.
- Added on verification: the researcher mentioned this power in a note but did not encode it. It is a defendant-initiated deadline that can collapse a child's otherwise long extended limitation period into six months, and it is easily missed because it is triggered by correspondence rather than by the incident. Note that the period runs from the DATE OF THE NOTICE, not from its receipt. Source: Limitation of Actions Act 1936 (SA) s 45A(5), version 1.7.2021 published under the Legislation Revision and Publication Act 2002.