When is the deadline for notice of intended action where a child's limitation period is extended?
The catalogue records a 6 years period from The date of the incident out of which the injury arose. 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 years
- Trigger
- The date of the incident out of which the injury arose
- 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(7): non-compliance does not prevent the plaintiff from bringing an action, but unless the court is satisfied that there is good reason to excuse the non-compliance no damages will be allowed to compensate or allow for medical or gratuitous services provided before the action was commenced, and no legal or other costs incurred in contemplation of the action will be allowed. See also Limitation of Actions Act 1936 (SA) s 50 (dispensation with a requirement of notice before action).
- Added on verification: the researcher mentioned s 45A only inside the notes to the personal injuries limitation entry. It is a free-standing six-year notice deadline running from the incident, not from the child's majority, and missing it strips out pre-action medical and gratuitous services damages and all pre-action costs. Where the injury is alleged to have arisen out of a motor accident the notice must be given to the relevant third-party insurer (s 45A(2)) and must contain the information required by regulation (s 45A(3)). Source: Limitation of Actions Act 1936 (SA) s 45A, version 1.7.2021 published under the Legislation Revision and Publication Act 2002.