statute of limitations

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated.When the time specified in a statute of limitations passes, a claim might no longer be filed or, if filed, may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most crimes that have statutes of limitations are distinguished from serious crimes as these may be brought at any time.In civil law systems, such provisions are typically part of their civil or criminal codes. The cause of action dictates the statute of limitations, which can be reduced (or extended) to ensure a fair trial. The intention of these laws is to facilitate resolution within a "reasonable" length of time. What amount of time is considered "reasonable" varies from country to country. In the United States, it may vary from state to state. Within countries, the statute of limitations may vary from one civil or criminal action to another. Some countries have no statute of limitations whatsoever.
Analysis of a statute of limitations also requires the examination of any associated statute of repose, tolling provisions, and exclusions.

View More On
  1. E

    QLD Out of time - do I submit a statement of claim after misconduct tribunal?

    Hi Everyone, I've got a unique situation. I believe I am entitled to compensation due to somebody breaching their duty of care to me but the 3 year limitation period comes up next week and I'm yet to lodge a statement of claim with the court. I'm comfortable I satisfy all the elements to pursue...
  2. S

    SA Permanently Disabled from the medical negligence of a Specialist. What is the time frame for legal a

    Good afternoon, I am hoping if someone can tell me how long do I have and if there are exceptions accepted if someone was too late? Thank you for taking the time out to answer or read my post
  3. O

    QLD "Statute of Limitations" or Similar on Child Support?

    I am in my 60s and have been living outside of Australia for over 40 years and have recently had attempted contact by a charity who claim I may be the father of a 45-year-old man. They are offering me no information other than the man's name and ask me to contact them which I am reluctant to do...
  4. 1

    WA Part Performance in an Oral Contract - Any Ideas?

    So I've got a real tricky one here. It involves an oral purchase agreement of a property that is now being reneged on. Long story short, we had agreed to purchase a house from the in-laws for a set amount. 12 years later MIL has a complete breakdown and destroys her relationship with daughter...
  5. E

    Statute of limitations for sexual assault in qld

    What is the statute of time limitations for making a complaint regarding a sexual assault in Queensland?
  6. E

    QLD Postie from Australia Post Giving Mail to my Ex?

    Hi all. Firstly I think it’s great that you respondents take the time to help people through their legal issues - respect. I’ve got a problem where someone I know who works for Australia Post has been giving my mail to an ex-gf. The person is my brother who I’ve been in a dispute over a family...
  7. G

    NSW Statute of Limitations on Traffic Law Matters?

    Can someone please help with the time limit that the prosecution has in order to prosecute? I have been waiting over 12 months for my day in court. Is there a statute of limitations for traffic law matters?
  8. B

    QLD Statute of Limitations for a 5-Year-Old Speeding Ticket?

    I got a notice form Qld State Penalties Enforcement Registry today (22/8/18) stating that I have an overdue account reminder for a speeding ticket back on 2/3/2013. Not only is this the first time I have been given any notice of this offence it was over 5 years ago and I don't even remember if...
  9. L

    NSW Statute of limitations for recovery of larceny as clerk or servant

    I was sentenced in 2011 in the local court for larceny as clerk or servant. It was a complicated situation and I was treated very leniently with no orders made to repay the sum of money involved. Whilst in prison my (for want of a better word) victim took civil action and so I was forced to...
  10. P

    VIC Suing Couple for Aiding and Abetting the Kidnapping of Children?

    I am seeking some help please. I recently received some legal documents from a Japanese lawyer. Amongst them were written statements from a Melbourne couple, stating that they had been given power of attorney by my wife, to do things on her behalf as she quickly left Australia, kidnapping our...