Actions in Respect of Defamation
| Nature of action | Time Limit Period | Legislation | Provision |
| Action in defamation where defamatory material published before 1 July 2021 | 1 year from the date of publication. | s 10AA Limitation of Actions Act 1974 (Qld), version prior to 1 July 2021 | May apply for extension – Court may 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). |
| Action in defamation where defamatory material published on or after 1 July 2021 | 1 year from the date of publication. | s 10AA Limitation of Actions Act 1974 (Qld) | If a concerns notice is given to the potential defendant within the 56 days before the 1-year limitation period expires, the limitation period will then be taken to expire 56 days after the day the concerns notice is given.
For multiple publications made by the same person (or their associates) that are substantially the same, the limitation period runs from the date of the first publication: s10AB Limitation of Actions Act 1974 (Qld) Court can extend limitation period for up to 3 years from the date of publication if the plaintiff satisfies the court that it is just and reasonable to allow an action to proceed: s32A Limitation of Actions Act 1974 (Qld) |