QLD advice on time limitations for fraud /stealing

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Tom Smith

Member
29 March 2018
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Hi I'm needing advice on time limitations to take action against persons who committed fraud against another person in September 2007.
The fraud was discovered in January of 2018 after reasonable diligence and one of the offenders has been served a affidavit in March 2018
Tom Smith
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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The limitation of actions for a tort (which civil fraud falls under) is 6 years from when it happened, or 12 years if it is a 'specialty' (such as where a deed is involved). However, where fraud is involved, this time frame does not begin until the sooner of either: the plaintiff discovers the fraud, or it could have been discovered with reasonable due diligence.

In other words, you had to have been reasonable about not discovering it before this year.

You will need to convince a court about the circumstances of discovery.