Limitation Period

A limitation period is a period of time prescribed by law within which legal proceedings must ordinarily be commenced.

In Queensland, the general limitation period for many personal injury damages claims is three years from when the cause of action arises. However, different rules, exceptions, and statutory procedures can affect the time available in particular circumstances.

Limitation periods must also be distinguished from the separate deadlines that may apply when notifying an insurer, submitting a claim form, or completing steps before court proceedings can commence.

What is a limitation period?

A limitation period is a legal time limit for commencing a particular type of court proceeding.

Limitation periods are intended to provide a degree of certainty about when legal proceedings may be brought. They also recognise that the passage of time can affect the availability and reliability of evidence.

Once the applicable limitation period has expired, a defendant may be able to rely on the expiry as a defence to proceedings. Whether the claim can still proceed depends on the legislation and circumstances.

What is the limitation period for personal injury claims in Queensland?

Under the Limitation of Actions Act 1974 (Qld), the general limitation period for many actions seeking damages for personal injury is three years from the date the cause of action arose.

In a straightforward accident claim, that date will often be the date of the injury. However, determining when a cause of action arose can be more complicated where the injury develops over time or the circumstances are not immediately apparent.

The general three-year rule is not universal. Different statutory provisions may apply to particular categories of claims, including certain claims involving children, people under a legal disability, dust-related conditions, or child abuse.

When does a limitation period begin?

A limitation period generally begins when the relevant cause of action accrues. In many personal injury matters, this will be when the actionable injury occurs.

However, the date on which an injury is discovered is not automatically the date from which the limitation period begins. The applicable legal principles must be considered in the circumstances of the particular claim.

For example, an injury may not be diagnosed until some time after the event or treatment alleged to have caused it. That delay does not, by itself, establish that the limitation period begins on the date of diagnosis.

Questions about when a cause of action arose can be particularly important in medical negligence and other matters involving injuries that are not immediately apparent.

What is the difference between a limitation period and a notice deadline?

Limitation periods and statutory notice deadlines serve different purposes.

Giving notice of a claim does not automatically satisfy every applicable limitation requirement. The legal effect of a notice depends on the legislation governing the claim and whether its requirements have been met.

Do different Queensland injury claims have different deadlines?

Yes. Although the general limitation period for many personal injury damages claims is three years, different types of claims have their own statutory procedures.

The particular deadlines and their legal consequences depend on the applicable legislation, the circumstances of the injury, and the steps already taken.

Can a limitation period be extended?

In some circumstances, Queensland law allows a court to extend a limitation period for a personal injury claim.

One possible basis involves material facts of a decisive character that were not within the claimant’s means of knowledge during a particular period. This is a specific statutory test and does not mean that an extension is available whenever a person was unaware of a potential claim.

Other statutory exceptions and arrangements may apply depending on the claimant’s circumstances and the type of injury.

An extension is not automatic. The relevant legal requirements must be satisfied, and the availability of an extension depends on the circumstances.

Are there exceptions to the general limitation period?

Yes. Queensland legislation contains exceptions and special rules for certain categories of claims and claimants.

What happens if a limitation period expires?

If legal proceedings are commenced after the applicable limitation period has expired, the defendant may be entitled to raise a limitation defence.

This may prevent the claim from proceeding successfully unless an applicable exception, extension, or other statutory mechanism permits the proceedings.

The expiry of a limitation period does not necessarily mean that every legal avenue has been extinguished. However, whether proceedings remain available is a separate question requiring consideration of the particular claim and applicable law.

What information is relevant to calculating a limitation period?

Identifying the applicable limitation period may require consideration of the circumstances of the injury and the procedural history of the claim.

• The date of the incident or alleged negligent conduct;
• The date on which injury or damage occurred;
• The nature of the injury and when its effects became apparent;
• Relevant medical diagnoses and clinical records;
• The claimant’s age and legal capacity at relevant times;
• The identity of the potential defendant or respondent;
• Any notices of claim already given;
• Correspondence concerning compliance with statutory procedures;
• Any court proceedings already commenced; and
• Other circumstances relevant to a statutory exception or extension.

The relevant dates may differ depending on the nature of the cause of action and the statutory framework governing the claim.

Relevant Queensland legislation

Limitation periods and associated procedural requirements in Queensland personal injury matters are governed by several Acts.

Which provisions apply depends on the nature of the claim, the relevant dates, and the law applicable at the time.

Frequently asked questions