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There are limitation periods that apply to various legal cause of action.
The effect of a limitation period in relation to a legal cause of action is that claims become time-barred, and therefore unable to proceed, where the relevant period of time has elapsed without a claim being brought through the relevant Court or Tribunal.
There is no “Statute of Limitations” in New South Wales as such but there is the Limitations Act 1969 (NSW) which has a default limitation period regime where there is no specific timeframe set out in the relevant Act (such as the Succession Act 2006 (NSW), Home Building Act 1989 (NSW), Defamation Act 2005 (NSW), Fair Trading Act 1987 (NSW), Fair Work Act 2009 (Cth), Criminal Procedure Act 1986 (NSW) etc).
The Limitation Act (or the relevant specific Act) describe the types of legal actions and the limitation periods that apply to them such as the following civil claims:
| Cause of action | Limitation period |
| Contractual claims | 6 years from the date on which the cause of action accrued |
| Negligence | 6 years from the date on which the cause of action accrued |
| Family provision | 12 months from date of death |
| Cause of action founded on a deed | 12 years from the date on which the cause of action first accrues |
| Enforcing a judgment | 12 years from the date on which the judgment first becomes enforceable |
| Defamation | 1 year from date of publication |
| Unfair dismissal | 21 days from the date of dismissal of employee |
NOTE – this is a general guide only – you should get specific advice as to the limitation periods that apply to your specific circumstances
Different limitation periods apply to causes of action in different jurisdictions, such as the Commonwealth or those of each State and Territory. Limitation periods can also apply to some criminal matters but serious crimes generally do not have such limitation periods.
In some very limited circumstances, the relevant limitation period may be able to be extended.
FURTHER INFORMATION
For further information on litigation and dispute resolution, please contact McKillop Legal on (02) 9521 2455 or email help@mckilloplegal.com.au
This information is general only and is not a substitute for proper legal advice. Please contact McKillop Legal to discuss your needs.
in Debt Recovery / Dispute Resolution / Employment / General / Litigation / Risk management
by McKillop Legal
01 Dec 2021
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