The short answer

In every Australian state and territory the general limitation period for starting a court claim for personal injury is three years, but the start point and the exceptions differ. In New South Wales and Victoria it runs from when the injury was discoverable, subject to a 12-year long-stop (Limitation Act 1969 (NSW) s 50C; Limitation of Actions Act 1958 (Vic) s 27D). In Queensland, Western Australia, South Australia and the Northern Territory it runs from when the cause of action arose, and in the ACT from the day the injury happened. Tasmania runs from discoverability and a judge may extend to six years. Some schemes set their own court deadline: a common law claim under Victoria’s TAC scheme can run to six years (TAC), and a NSW CTP damages claim has its own limit under s 6.14 of the Motor Accident Injuries Act 2017. Children and people under a legal incapacity have longer, and courts can extend in limited circumstances. The state-by-state table cites the section for each state.

Three years sounds like plenty of time. The catch is that the compensation schemes that cover most accidents have their own, much shorter, steps that have to happen first. Miss one of those and you can lose benefits even though the three-year limit has not passed.

Why the first deadlines come sooner

Road accidents, work injuries and many public place injuries are handled through statutory schemes before anyone talks about a court claim. Each scheme wants to hear from you early, so it can start paying for treatment and lost income and so the facts are recorded while they are fresh. The dates below are the ones that catch people out.

Motor vehicle accidents

New South Wales. Under the CTP scheme regulated by SIRA, a claim for statutory benefits must be made within three months of the accident. To receive weekly income payments from the day after the accident, the claim needs to be in within 28 days; a later claim can still be backdated if you give a full and satisfactory explanation for the delay (Motor Accident Injuries Act 2017 s 6.13).

Queensland. A Notice of Accident Claim form must be given to the CTP insurer within nine months of the accident or of the first symptoms, or within one month of first instructing a lawyer, whichever comes first. If the vehicle at fault was unregistered or cannot be identified, the notice goes to the Nominal Defendant within three months (MAIC: can I claim?).

Victoria. A TAC claim should be lodged within 12 months of the accident or of when the injury first showed. The TAC can accept a claim lodged within three years if there are reasonable grounds for the delay (TAC: making a claim).

Elsewhere. South Australia expects a CTP claim within six months, Tasmania an MAIB application within 12 months, the ACT a defined benefits application within 13 weeks, and Western Australia and the Northern Territory ask you to lodge as soon as possible. The car accident guide cites the regulator page for each. The state where the accident happened decides which scheme applies, not the state you live in.

Injuries at work

Tell your employer about the injury as soon as you can and keep a record of when you did it. The first deadlines are short: a claim within six months in New South Wales, up to three years with a reasonable cause (WIM Act 1998 s 261); a written report to your employer within 30 days in Victoria (WorkSafe Victoria); a claim usually within six months of first seeing a doctor in Queensland (WorkSafe Queensland); and six months in Tasmania and the Northern Territory. The workplace injury guide lists every state with its source. Delays can be held against you, and your employer’s insurer or the regulator can confirm the current form.

Slips, trips and public liability

In Queensland Part 1 of the notice of claim has to be given to the person or business responsible within nine months of the incident, or within one month of first instructing a lawyer (Personal Injuries Proceedings Act 2002 s 9). Other states rely on the general three-year court limit but still expect early notification, and evidence such as CCTV footage is often deleted within weeks, so it pays to act quickly whether or not a formal deadline is close.

If you think you may already be late

Do not assume it is too late. Many schemes accept late claims with an explanation, and courts can extend limitation periods in some situations. What matters is getting advice now rather than in another month. Write down the date of the accident, the date you first noticed the injury and everything you have done since, and ask someone qualified to look at where you stand.

Your next step

None of the dates above are legal advice for your situation, and they change from time to time. If you have been injured, the safest course is to check your position early. Our free claim check takes about two minutes and helps us point you to the right information for your state.

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RELATED GUIDESHow long does a claim take?Car accident claimsAre you eligible?

General information published 25 September 2026. It is not legal advice and may not reflect later changes to the law or a scheme. Check your own position with a qualified adviser.

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