When is the deadline for notice of claim to the crown - at least sixty days before commencing?
The catalogue records a 60 days period from The intended commencement of the proceeding against the Crown. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 60 days
- Trigger
- The intended commencement of the proceeding against the Crown
- 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.
- NONE. There is no power to excuse or extend. By s 18(6), for greater certainty, failure to give notice of a claim as required by this section RENDERS A PROCEEDING BROUGHT WITHOUT SUCH NOTICE A NULLITY in respect of the claim, from the time the proceeding is brought, and by s 18(7) that applies to proceedings brought before, on or after the coming into force of the provision. Contrast the municipal regime, where s 44(12) of the Municipal Act, 2001 permits relief for reasonable excuse.
- GENUINELY BACKWARD AND JURISDICTIONAL. The sixty days run backward from the intended date of issue of the originating process. Because it is a statutory period, Legislation Act, 2006, s 89(3) governs the count (exclude the first event day, include the second, expressly including 'at least' phrasing). Section 18(2) permits the Attorney General to require additional particulars. Section 18(5) disapplies the section to a counterclaim, crossclaim or claim by way of set-off. The interaction with an expiring limitation period is handled by s 18(3), catalogued separately.