Time Limits

There are some circumstances where a proceeding may not commence for a substantial period of time. In this regard it is necessary to know what the limitations are in respect of issuing those proceedings.

In Queensland limitations are covered by the Limitation of Actions Act 1974 (“THE ACT”). That Act provides the following limitations:

1. An action founded on a simple contract or a tort where damages are claimed that do not relate to personal injury or an action to enforce a recognizance or an action to enforce an award where an agreement is not under seal or a penalty of forfeiture must be brought within six (6) years of the commencement of the action.

2. An action which is brought upon a judgment must be brought within 12 years from the date on which the judgment became enforceable.

3. An action to recover a penalty or forfeiture must be brought within two (2) years from the date on which the cause of action accrued.

4. An action to recover damages for personal injury must be brought within three (3) years of the date the cause of action arose.

Section 29 of the Act entitles a party to extend that period in certain circumstances, proceedings can be extended for six (6) years from the date on which the person ceased to be under a disability or died whichever first occurs.

The other exception is pursuant to Section 31 where a material fact of a decisive character relating to the cause of action was not within the means of knowledge of the applicant until a date after the commencement of the year last preceding the expiration of the limitation period and there is evidence to establish the right of action apart from a defence founded upon expiration of the limitation period the Court may order that the limitation period be extended so that it expires at the end of one year after that date.

Pursuant to Section 35 of the Act if a right of action to recover a debt has accrued and the person makes a payment in respect of that cause of action the right of action shall be deemed to have accrued on the date of acknowledgement or the date of the last payment made by the creditor.

Further, pursuant to the Limitation Act of New South Wales 1969 (as amended) any cause of action which is founded on contract or founded on tort or damages or to recovery recognizance or money must be brought within six (6) years upon which the date the cause of action accrues.

Further, the cause of action on a judgment must be brought within 12 years from the date on which the judgment becomes enforceable.

A cause of action in respect of personal injury must be brought within three (3) years from the date upon which the cause of action first accrues.

Should you require advice in respect of any issue relating to a limitations position then we look forward to your contacting Joseph O’Hare of our office.

THIS ARTICLE IS FOR INFORMATION ONLY AND IS NOT ADVICE.

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