How Quillio handles limitation period differences between states
Limitation periods — the deadlines for commencing legal proceedings — are set by state and territory legislation and differ between jurisdictions. The core statutes are: Limitation Act 1969 (NSW), Limitation of Actions Act 1958 (VIC), Limitation of Actions Act 1974 (QLD), Limitation Act 2005 (WA), and equivalents in other states. While the standard contract and tort limitation is six years in most states, personal injury, defamation, and other specific claim types have different periods that vary by state. I calculate the applicable limitation period based on the claim type and the state.
Common limitation periods
Contract claims: 6 years in all states (from breach). Tort (negligence, nuisance): 6 years in all states (from when the damage occurred). Personal injury: 3 years in NSW (with discoverability provisions), 3 years in VIC (with extensions available), 3 years in QLD (from when the injury was discoverable). Defamation: 1 year from publication (uniform across states under the Defamation Act 2005). Land recovery: 12 years in NSW and VIC. Deeds: 12 years in NSW, 15 years in VIC.
Discoverability and extensions
Most states have "discoverability" provisions that delay the start of the limitation period until the claimant knew (or ought to have known) about the cause of action. Extensions are available in some circumstances — for example, persons under a disability (minors, persons of unsound mind) and cases of fraud or concealment. These provisions differ by state and I apply the correct state's rules.
How I calculate limitation dates
Tell me the claim type, the state, and the relevant dates (date of breach, date of injury, date of discovery). I calculate the limitation period expiry date, identify any discoverability or extension provisions that might apply, and flag if the limitation period is approaching or has expired. For firms managing multiple matters, I provide a limitation period dashboard across the caseload.
Common issues
- Limitation periods are strict — missing the deadline typically bars the claim permanently (subject to limited exceptions)
- The same claim type can have different limitation periods in different states — always specify the jurisdiction
- Discoverability provisions can extend the period but they are not automatic — the claimant must establish when they first knew
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