Actions in Respect of Contracts

Nature of action Time Limit Period Legislation Provision
Action on a judgment debt 12 years s10(4) Limitation of Actions Act 1974 (Qld)

NB. s10(4A)

NB r799 Uniform Civil Procedure Rules 1999 (Qld)

Not after expiration of 12 years from date on which judgment is enforceable.

 

A judgment of a court of a place outside the State becomes enforceable on the date on which the judgment becomes enforceable in the place where the judgment is given.

An enforcement creditor may start enforcement proceedings without leave at any time within 6 years after the day the money order was made.

Action upon speciality 12 years s 10(3) Limitation of Actions Act 1974 (Qld)

NB. s 10(3A) Limitation of Actions Act 1974 (Qld)

Within 12 years from date on which cause of action accrued.

s 10(3) does not affect an action under another provision of the Act if it prescribes a shorter period of limitation.

Action for account 6 years s 10(2) Limitation of Actions Act 1974 (Qld) An action shall not be brought in respect of a matter that arose more than 6 years before the commencement of the action.
Action for Simple Contract and Quasi Contract (including monies owing) where damages claimed do not include damages in respect of personal injury. 6 years s 10(1)(a) Limitation of Actions Act 1974 (Qld) Actions shall not be brought after the expiration of 6 years from the date on which the cause of action arose.
Action to recover penalty or forfeiture or sum by way of penalty or forfeiture

N.B. – “penalty” does not include a fine for a criminal offence – s 10(5A)

2 years s 10(5) Limitation of Actions Act 1974 (Qld) No action after 2 years from date on which the cause of action accrued.