QLD Statute Of Limitations To Sue Council For Negligence?

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

Bob Thompson

Active Member
15 September 2014
6
0
31
Our body corporate is contemplating suing council for negligence and compensation for damage caused by flooding due to their lack of maintenance on their stormwater drain. I've read where the timeframe for this is 6 years. Can anyone confirm this please. Thanks
 

Amanda E

Well-Known Member
9 April 2014
154
22
454

Bob Thompson

Active Member
15 September 2014
6
0
31
Thanks Amanda. Your info about Cause of Action is important as we were thinking that the commencement date was maybe the date we first wrote to council about claiming damage. However from what you are saying, it's the date the damage actually occurred. So if the flood affected our property say in January 2010 but the claim we made against council was in October 2010, then the start date for the limitation period would be the January date. Correct?
Just to let you know, most of us don't want to go to litigation. But we just wanted to know when our window of opportunity for litigation expired.
Thanks very much for your help. Cheers, Bob
 

Sarah J

Well-Known Member
16 July 2014
1,314
250
2,389
Melbourne, Victoria
Yes Bob, you're correct. The commencement date is the date of the incident or when you first found out about the negligence/damage. In this case, it would be the date of incident or when you first found out about the council's negligence, depending on what exactly you're claiming was the negligent act. In any case, it is not the date of issuing notice to council.

If you do not wish to go to litigation, then I suggest negotiating directly with the council or losing a complaint to the Qld State Ombudsman and asking them to assist with resolving your dispute.