Torts, Specifically, Malicious Prosecution and False Imprisonment

Nature of action Time Limit Period Legislation Provision
Actions in tort and examples of Common Torts in Australia:

1.     Trespasses:

·         against the person (such as assault, battery and false imprisonment)

·         against chattels (personal property)

·         to land;

2.     occupation or possession of land;

3.     negligence;

4.     malicious prosecution.

6 years if no personal injury

 

3 years if personal injury

s 10(1)(a) Limitation of Actions Act 1974 (Qld)

 

 

 

s 11(1) Limitation of Actions Act 1974 (Qld)

s 10(1) The following actions shall not be brought after the expiration of 6 years from the date on which the cause of action arose –

(a) subject to section 10AA, an action founded on simple contract or quasi-contract or on tort where the damages claimed by the plaintiff do not consist of or include damages in respect of personal injury to any person;

 

s 11(1) Notwithstanding any other Act or law or rule of law, an action for damages for negligence, trespass, nuisance or breach of duty (whether the duty exists by virtue of a contract or a provision made by or under a statute or independently of a contract or such provision) in which damages claimed by the plaintiff consist of or include damages in respect of personal injury to any person or damages in respect of injury resulting from the death of any person shall not be brought after the expiration of 3 years from the date on which the cause of action arose.

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