South Australia regulation

Limitation of Actions (Section 45A Notice) Regulations 2019

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

2/10 complexity

These regulations set out exactly what must be in a notice under section 45A of the Limitation of Actions Act 1936: the injured person’s name and date of birth, a notifier for child plaintiffs, a correspondence address, basic incident particulars (date, place, brief circumstances), the name of the person alleged to be liable, and a statement of intent to sue (reg 4). They apply to anyone about to start a personal-injury claim in South Australia and allocate the compliance cost of supplying these particulars to prospective plaintiffs.

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Current sections

Direct links to the current provisions in Limitation of Actions (Section 45A Notice) Regulations 2019.

Limitation of Actions (Section 45A Notice) Regulations 2019

South Australia Limitation of Actions (Section 45A Notice) Regulations 2019 under the Limitation of Actions Act 1936

Contents 1 Short title 2 Commencement 3 Interpretation 4 Section 45A notice Schedule 1—Revocation 1 Revocation of Limitation of Actions (Section 45A Notice) Regulations 2004 Legislative history

1—Short title These regulations may be cited as the Limitation of Actions (Section 45A Notice) Regulations 2019. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations— Act means the Limitation of Actions Act 1936. 4—Section 45A notice Notice of an intended action for damages required to be given under section 45A of the Act must contain— (a) the name and date of birth of the person who has suffered personal injury (the plaintiff); and (b) if the plaintiff is still a child as at the date of the notice—the name of the person giving notice on behalf of the plaintiff and the relationship of that person to the plaintiff; and (c) the address to which correspondence with, or on behalf of, the plaintiff must be directed; and (d) the following details about the incident out of which it is alleged the personal injury arose: (i) the date of the incident; (ii) the place at which the incident occurred; (iii) a brief description of the circumstances of the incident; and (e) the name of the person or persons alleged to be liable in damages (the defendant) for the personal injury suffered by the plaintiff; and (f) a statement that the plaintiff intends to take action for damages against the defendant. Schedule 1—Revocation 1—Revocation of Limitation of Actions (Section 45A Notice) Regulations 2004 The Limitation of Actions (Section 45A Notice) Regulations 2004 are revoked. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations Year No Reference Commencement 2019 49 Gazette 23.5.2019 p1380 23.5.2019: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Limitation of Actions (Section 45A Notice) Regulations 2019

South Australia Limitation of Actions (Section 45A Notice) Regulations 2019 under the Limitation of Actions Act 1936

Contents 1 Short title 2 Commencement 3 Interpretation 4 Section 45A notice Schedule 1—Revocation 1 Revocation of Limitation of Actions (Section 45A Notice) Regulations 2004 Legislative history