Knowledge Hub

Time Limits That End Claims

More good claims are lost to a date than to a defence. These are the deadlines worth writing down the day something happens.

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In short

Different claims carry very different deadlines, and most cannot be extended without permission that is not granted as a matter of course. An unfair dismissal application allows 21 days from the dismissal taking effect. A property settlement allows twelve months from a divorce order, or two years from the end of a de facto relationship. Limitation periods for civil claims are set by the Limitation of Actions Act 1974 and vary by the type of claim.

Section 2

Time limits that end claims

More good claims are lost to the calendar than to the evidence. The periods below are the general positions. Each has exceptions, each is calculated from an event that is not always obvious, and some can be extended only in exceptional circumstances. Treat this as a prompt to get advice, not as a calculation you can rely on.

Claim or step General period

Unfair dismissal application (Fair Work Commission) 21 days from the dismissal taking effect

General protections application involving dismissal 21 days from the dismissal taking effect

Prosecution for contravening a domestic violence order — proceedings must start within 1 year of the offence coming to the complainant's knowledge, and in any case within 2 years of the contravention^[14] 1 year / 2 years

Action on a simple contract or in tort — Limitation of Actions Act 1974 (Qld) Generally 6 years

Personal injury — Limitation of Actions Act 1974 (Qld), with separate pre-court notice steps under the personal injuries legislation Generally 3 years

Property settlement or spousal maintenance after divorce — Family Law Act 1975 (Cth) 12 months from the divorce order taking effect

De facto financial cause — Family Law Act 1975 (Cth) 2 years from the end of the relationship

Periods in this table are stated in general terms and are not a substitute for checking the governing provision as it stands on your facts. Out-of-time applications are sometimes still possible — but only sometimes, and the discretion is exercised narrowly.

Common questions

How long do I have to bring an unfair dismissal claim?

Twenty-one days from the date the dismissal took effect. The Fair Work Commission can accept a late application only where there are exceptional circumstances, and extensions are frequently refused. This is the shortest and most commonly missed deadline in Australian employment law.

What is the time limit for a property settlement after separation?

For married couples, generally twelve months from the date a divorce order takes effect. For de facto couples, generally two years from the date the relationship ended. Applying outside those periods requires the court’s permission, which is not granted automatically. Because a de facto separation has no divorce order to mark the date, that deadline is the one most often overlooked.

Can a missed deadline ever be extended?

Sometimes, but never as a matter of course. Each regime has its own test — exceptional circumstances for a late unfair dismissal application, the court’s permission for an out-of-time property application, and specific statutory provisions for limitation periods. The practical point is that an extension is an application you have to win, not a formality, so the sooner advice is obtained the better the position.

Sources

Reviewed 26 August 2026

The bracketed numbers in this article refer to the master numbered source list on the Knowledge Hub, which is maintained in one place so a citation cannot fall out of step between pages. Every source is an official primary source: Queensland and Commonwealth legislation, the courts, or the relevant regulator.