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LIMITATION ACT 1985 - SECT 21B Defamation proceedings generally to be commenced within 1 year

LIMITATION ACT 1985 - SECT 21B

Defamation proceedings generally to be commenced within 1 year

    (1)     An action on a cause of action for defamation is not maintainable if brought after the end of a limitation period of 1 year running from the date of the publication of the matter complained of.

    (2)     The 1-year limitation period mentioned in subsection (1) is taken to have been extended as provided by subsection (3) if a concerns notice is given to the proposed defendant on a day (the notice day ) within the period of 56 days before the limitation period expires.

    (3)     The limitation period is extended for an additional period of 56 days minus any days remaining after the notice day until the 1-year limitation period expires.

Example—calculating limitation period

A concerns notice is given 7 days before the limitation period expires. This means there are 6 days left after the notice day before the period expires. Consequently, this subsection operates to extend the limitation period by 56 minus 6 days, which is 50 days.

    (4)     In this section:

"concerns notice"—see the Civil Law (Wrongs) Act 2002

, section 124A.

"date of publication", in relation to the publication of matter in electronic form, means the day on which the matter was first uploaded for access or sent electronically to a recipient.