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When is the deadline for notice of action against the crown?

The catalogue records a 2 months period from Intended date of commencement of the action against the Crown or a Crown corporation; the notice must be served at least two months earlier. This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
2 months
Trigger
Intended date of commencement of the action against the Crown or a Crown corporation; the notice must be served at least two months earlier
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.

  • No power to dispense with the notice is conferred by the section.
  • MANDATORY PRECONDITION TO SUIT, phrased as a prohibition: 'No action shall be brought'. The notice must state the proposed plaintiff's name and residence, the cause of action, and the court in which it is to be brought. 'Month' means calendar month: Interpretation Act, s 38(1). Plan backwards from the intended issue date, and note the interaction with the limitation period in s 15(2), encoded separately.

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