Limitation of Actions (Section 45A Notice) Regulations 2004 (SA)

South Australia

Limitation of Actions (Section 45A Notice) Regulations 2004

under the Limitation of Actions Act 1936

Contents

1Short title

2Commencement

3Interpretation

4Section 45A notice

Legislative history

1—Short title

These regulations may be cited as the Limitation of Actions (Section 45A Notice) Regulations 2004.

2—Commencement

These regulations will come into operation on 1 May 2004.

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;

(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.

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 of regulations

The Limitation of Actions (Section 45A Notice) Regulations 2004 were revoked by Sch 1 of the Limitation of Actions (Section 45A Notice) Regulations 2019 on 23.5.2019.

Principal regulations

Year	No	Reference	Commencement
2004	24	Gazette 29.4.2004 p1183	1.5.2004: r 2