Is There a Time Limit to Making a Claim for Professional Negligence?

The General Time Limit for Professional Negligence Claims

The general limitation period for professional negligence claims in Australia is 6 years. This means you generally have 6 years from the date of the negligence or from the date you became aware of it to commence proceedings.

This six-year period is outlined under the Limitation Acts of various states and territories, including:

• New South Wales – Limitation Act 1969 (NSW)
• Victoria – Limitation of Actions Act 1958 (VIC)
• Queensland – Limitation of Actions Act 1974 (QLD)
• Western Australia – Limitation Act 2005 (WA)
• South Australia – Limitation of Actions Act 1936 (SA)

When Does the Time Limit Start?

The time limit generally starts from the date of the negligent act. However, many cases involve negligence that isn’t immediately obvious. That’s why courts may allow claims to be filed within six years from the date you first became aware (or should have become aware) of the negligence.

For example:

• If an accountant gave you incorrect tax advice in 2018, but you only realised the financial damage in 2022, your six-year window might start from 2022 rather than 2018.
• If a lawyer mishandled your case in 2020, but you discovered the mistake in 2023, you might have until 2029 to make a claim.

Are There Exceptions to the Six-Year Rule?

While six years is the standard time limit for professional negligence claims, some have shorter or longer time limits, depending on the case’s specific circumstances.

Claim involving a personal injury

If the acts or failures of a professional have caused psychological distress and you have been diagnosed with a psychiatric injury as a result, then the limitation period will be three years.

Medical Negligence Claims

The time limit is shorter than six years in medical negligence cases. In most states, the limitation period is three years from the date the injury or negligence was discovered, not necessarily when the negligent treatment occurred.

Exceptions may apply for:

• Children – Time limits often don’t start until they turn 18.
• Individuals with disabilities – If a person lacks legal capacity, the time limit may not apply until they regain capacity or have a legal guardian appointed.

Legal Negligence Claims

The six-year period generally applies if a lawyer’s mistake caused you financial loss. However, if the negligence was concealed or only discovered later, the limitation period may begin from the date you became aware of the issue.

Claims Against Government Bodies 

If your claim is against a government department or public entity, you may face much shorter time limits—sometimes as short as 12 months. These claims often involve additional notice requirements, so it’s important to act quickly.

Fraud or Concealment

The courts may extend the time limit if the professional intentionally concealed their negligence. This means you may still be able to claim compensation even if the standard six-year period has passed.

What Happens If You Miss the Time Limit?

If you miss the deadline, you may lose the right to claim, and the courts may dismiss your case. However, in some circumstances, you can apply for an extension of time. Courts will consider:

• The reason for the delay – If you were not aware of the negligence earlier, you may be granted an extension.
• The strength of your case – If there is strong evidence of professional negligence, the courts may allow a late claim.
• Prejudice to the defendant – If the delay is unfair to the professional to defend themselves your extension request may be denied.

Because extensions are not guaranteed, it’s always best to act as soon as you suspect professional negligence.

What Do You Do If You Want To File A Claim?

If you believe you have a professional negligence claim, contact an experienced lawyer first. At Wyatts, our professional negligence lawyers take every case and find the best way to maximise the compensation for each client.

Here’s what you can expect:

1. We will identify when the negligence occurred and whether you’re within the time limit to make a claim.
2. Then, we will collect documentation, emails, contracts, reports or other evidence of negligence and its impact.
3. Finally, we will file your claim as soon as possible. The legal process takes time, and starting early can improve your chances of success.

To protect your right to compensation, don’t wait; act now. Wyatts’ professional negligence lawyers now at 1800 773 880 to get started with your claim.