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 sp — ouse 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 b — e the sole cause of the failure to give notice, but there must be more than a minimal causal connection.