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7.1.9 Interpretation - 'death, or absence from Australia, of a person'


The deeming provision in S53(3)(c) and S53(4(c) of the 1971 Act should be applied where the client's failure to give notice of injury resulted from:

  • the death of the client, or some other person (e.g. depression arising from the loss of a spouse or child affected the client's capacity to attend properly to their personal affairs)
  • absence from Australia of the client or some other person.

It is not necessary for the death or absence from Australia to be the sole cause of the failure to give notice, but there must be more than a minimal causal connection.