Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 10

10 Actions of contract and tort and certain other actions

(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;

(b) an action to enforce a recognisance;

(c) an action to enforce an award, where the agreement to arbitrate is not by an instrument under seal;

(d) an action to recover a sum recoverable by virtue of any enactment, other than a penalty or forfeiture or sum by way of a penalty or forfeiture.

(2) An action for an account shall not be brought in respect of a matter that arose more than 6 years before the commencement of the action.

(3) An action upon a specialty shall not be brought after the expiration of 12 years from the date on which the cause of action accrued.

(3A) Subsection (3) does not affect an action in respect of which a shorter period of limitation is prescribed by any other provision of this Act.

(4) An action shall not be brought upon a judgment after the expiration of 12 years from the date on which the judgment becomes enforceable.

(4A) For the purposes of subsection (4) , 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.

(5) An action to recover a penalty or forfeiture or sum by way of a penalty or forfeiture shall not be brought after the expiration of 2 years from the date on which the cause of action accrued.

(5A) In subsection (5) —

"penalty" does not include a fine to which a person is liable on conviction of a criminal offence.

(6) This section—

(a) does not apply to a cause of action within the Admiralty jurisdiction of the court that is enforceable in rem; and

(b) does not apply to a claim for specific performance of a contract or for an injunction or other equitable relief, save so far as any provision thereof may be applied by the court by analogy in the same manner as the corresponding enactment repealed by this Act has heretofore applied.