Actions in Respect of Defamation

Nature of action Time Limit Period Legislation Provision
Action in defamation where defamatory material published before 1 January 2006. 6 years from the date of publication. s 10(1)(a) Limitation of Actions Act 1974 (Qld) s10(1)(a) imposes a limitation of 6 years from the date on which the cause of action accrued.

In Queensland, an action in defamation was actionable without proof of damage: s 7 Defamation Act 1889 (Qld) (repealed). Consequently, the cause of action accrued on publication.

Action in defamation where defamatory material published on or after 1 January 2006. 1 year from the date of publication. s 10AA Limitation of Actions Act 1974 (Qld) May apply for extension – Court must grant if satisfied that it was not reasonable in the circumstances to commence action in time: s 32A Limitation of Actions Act 1974 (Qld).

Court cannot extend for more than 3 years from the date of publication: s 32A Limitation of Actions Act 1974 (Qld). See also s 49(2) Defamation Act 2005 (Qld) – by which the previous law applies in certain circumstances.