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Children and young people

Under section 45(1) of the Limitation of Actions Act 1936 (SA) children have three years from the date of their 18th birthday to make a claim for compensation.

It is not necessary for a child to wait until they reach adulthood to bring a claim. An adult, such as a parent or guardian, can bring the claim on the child’s behalf. The person who brings the case on the child’s behalf is called a “next friend”. If the adult decides to settle the case for less than the maximum sum, the court will need a barrister’s confirmation that the settlement is in the child’s interests.

Compensation for children is usually held in trust by the Public Trustee until the child reaches 18, although the Public Trustee may be able to advance money to pay for the child’s support and education.

Children and young people  :  Last Revised: Fri Aug 9th 2013
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.