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Legal time limits in Victoria, New South Wales and Queensland

Most legal time limits are set by each state, so the same problem can have a different deadline in Victoria, New South Wales and Queensland. Some are very short: 21 days to lodge an unfair dismissal application or respond to a statutory demand, and one year to start a defamation claim. Others, such as debt and contract claims, run for six years. Missing a deadline can end a claim, so check early.

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Time limits compared

The usual starting point for each deadline. Choose a state to highlight it.

Common legal time limits in Victoria, New South Wales and Queensland
MatterVictoriaNew South WalesQueensland
Unfair dismissalApplying to the Fair Work Commission after a dismissal21 daysSame in every state21 daysSame in every state21 daysSame in every state
Statutory demandResponding to a creditor's statutory demand served on a company21 daysSame in every state21 daysSame in every state21 daysSame in every state
DefamationStarting a defamation claim1 year from publication1 year from publication1 year from publication
Family provision (contesting a will)Claiming provision from a deceased estate6 months from the grant of probate12 months from the date of death9 months from the date of death
Personal injuryGeneral limitation period for personal injury court proceedings3 years from discoverability, 12-year long stop3 years from discoverability, 12-year long stop3 years
Debt and contractStarting a claim for a debt or breach of contract6 years6 years6 years
Building defectsTaking action about defective residential building work10 years from the occupancy permit6 years (major defects), 2 years (other defects)12 months (QBCC complaint)
Property cooling-offCooling-off period for a residential property purchase3 clear business days5 business days (10 off the plan)5 business days

Deadlines that are the same in every state

Unfair dismissal

21 days

Apply to the Fair Work Commission within 21 days of the dismissal taking effect. A general protections application involving dismissal has the same 21-day limit. State public sector and local government employees may be covered by a state commission instead.

Law: Fair Work Act 2009 (Cth). Source: Fair Work Commission(opens in a new tab)

Statutory demand

21 days

A company has 21 days after service to pay, secure or compound the debt, or to file and serve an application to set the demand aside. The period cannot be extended. The minimum debt is $4,000.

Law: Corporations Act 2001 (Cth) ss 459E, 459G; Corporations Regulations 2001 reg 5.4.01AAA. Source: Federal Court of Australia(opens in a new tab)

Deadlines set by each state

Defamation

Starting a defamation claim

Victoria

1 year from publication

A court can extend the period to up to 3 years from publication in limited circumstances.

Law: Limitation of Actions Act 1958 (Vic) ss 5(1AAA), 23B. Source: Legal Practitioners' Liability Committee (Vic)(opens in a new tab)

New South Wales

1 year from publication

For online material, time runs from when it was first uploaded or sent. A court may extend the period to up to 3 years if that is just and reasonable. A concerns notice given late in the year can extend the period.

Law: Limitation Act 1969 (NSW) ss 14B, 56A. Source: NSW Legislation(opens in a new tab)

Queensland

1 year from publication

For online material, time runs from when it was first uploaded or sent. A court may extend the period to up to 3 years if that is just and reasonable. A concerns notice given late in the year can extend the period.

Law: Limitation of Actions Act 1974 (Qld) ss 10AA, 32A. Source: Queensland Legislation(opens in a new tab)

Family provision (contesting a will)

Claiming provision from a deceased estate

Victoria

6 months from the grant of probate

Runs from the grant of probate or letters of administration, not from the date of death.

Law: Administration and Probate Act 1958 (Vic) Part IV. Source: Victoria Legal Aid(opens in a new tab)

New South Wales

12 months from the date of death

Made in the Supreme Court of NSW. After 12 months an extension of time must be sought.

Law: Succession Act 2006 (NSW). Source: Supreme Court of New South Wales(opens in a new tab)

Queensland

9 months from the date of death

Unless the court directs otherwise. Written notice of an intended claim should also reach the executor within 6 months of the death, before the estate is distributed.

Law: Succession Act 1981 (Qld) ss 41(8), 44. Source: Queensland Legislation(opens in a new tab)

Personal injury

General limitation period for personal injury court proceedings

Victoria

3 years from discoverability, 12-year long stop

Three years from the date the cause of action is discoverable, or 12 years from the act or omission, whichever ends first. Different rules apply to children, transport accidents and workplace injuries.

Law: Limitation of Actions Act 1958 (Vic) s 27D. Source: The Law Handbook (Fitzroy Legal Service)(opens in a new tab)

New South Wales

3 years from discoverability, 12-year long stop

For public liability and medical negligence: 3 years from when the cause of action is discoverable, or 12 years from the act or omission, whichever ends first. Motor accident and workplace injury claims have their own rules.

Law: Limitation Act 1969 (NSW) s 50C. Source: Judicial Commission of NSW(opens in a new tab)

Queensland

3 years

Three years from the date the cause of action arose. Pre-court notice steps have their own, shorter deadlines, and motor accident and workplace injury claims have their own rules.

Law: Limitation of Actions Act 1974 (Qld) s 11. Source: Queensland Legislation(opens in a new tab)

Debt and contract

Starting a claim for a debt or breach of contract

Victoria

6 years

Six years for a simple contract debt, counted from the most recent of the due date, the last payment or a written acknowledgment. Enforcing a court judgment: 15 years.

Law: Limitation of Actions Act 1958 (Vic). Source: The Law Handbook (Fitzroy Legal Service)(opens in a new tab)

New South Wales

6 years

Six years from the date the cause of action first accrues. Acting on a NSW judgment: 12 years.

Law: Limitation Act 1969 (NSW) ss 14, 17. Source: Judicial Commission of NSW(opens in a new tab)

Queensland

6 years

Six years from the date the cause of action arose.

Law: Limitation of Actions Act 1974 (Qld) s 10(1)(a). Source: Queensland Legislation(opens in a new tab)

Building defects

Taking action about defective residential building work

Victoria

10 years from the occupancy permit

A building action generally cannot be brought more than 10 years after the occupancy permit (or, if none was issued, the certificate of final inspection), unless a court extends the period.

Law: Building Act 1993 (Vic) s 134. Source: Parliament of Victoria (Hansard)(opens in a new tab)

New South Wales

6 years (major defects), 2 years (other defects)

Statutory warranty claims run from completion of the work, plus a further 6 months if the breach becomes apparent in the last 6 months of the period.

Law: Home Building Act 1989 (NSW). Source: Building Commission NSW(opens in a new tab)

Queensland

12 months (QBCC complaint)

Complain to the QBCC about non-structural defects within 12 months of completion, and about structural defects within 12 months of noticing them. The QBCC can only direct rectification within 6 years and 6 months of completion. Home warranty insurance deadlines are shorter: for structural defects, complain within 3 months of noticing the defect; for non-structural defects that appear in the first 6 months, complain within 7 months of completion.

Law: Queensland Building and Construction Commission Act 1991 (Qld). Source: Queensland Building and Construction Commission(opens in a new tab)

Property cooling-off

Cooling-off period for a residential property purchase

Victoria

3 clear business days

Applies to private sales of residential and small rural property, from the day the buyer signs. The buyer gets a refund less $100 or 0.2% of the price, whichever is greater. No cooling-off at auction or within 3 business days either side of one.

Law: Sale of Land Act 1962 (Vic). Source: Consumer Affairs Victoria(opens in a new tab)

New South Wales

5 business days (10 off the plan)

Ends at 5pm on the fifth business day after exchange. Withdrawing costs 0.25% of the price. No cooling-off at auction or where a section 66W certificate is given.

Law: Conveyancing Act 1919 (NSW). Source: NSW Government(opens in a new tab)

Queensland

5 business days

Buyers only, from the day the buyer receives the contract signed by both parties, ending at 5pm on the fifth business day. A termination penalty of up to 0.25% of the price applies.

Law: Property Law Act 2023 (Qld). Source: Queensland Government(opens in a new tab)

General information only

This page is general information, not legal advice. Time limits can be shorter in your situation, and the law changes, so get advice early about your own circumstances.

A time limit usually runs from a particular event, and exceptions, extensions and earlier notice steps can change the date that matters for you. To talk about your situation, use our contact page.

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