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Liability Handbook
Ch 7 Notice of Injury
7.1 Notice of Injury - SRCA 1988
- 7.1.9 Interpretation - 'death, or absence from Australia, of a person'
External
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.