Here’s a quick reference note on limitations of actions for debt recovery in all jurisdictions (according to current law).
Fort debts, in every jurisdiction (except for the Northern Territory), a debt may not be recoverable after a period of 6 years from the date on which the cause of action first accrues. In the Northern Territory the limitation period is 3 years.
For judgement debts (court ordered amounts), in every jurisdiction (except for Victoria and South Australia), a judgment debt can be enforced for up to 12 years from the date on which the judgement was obtained. In Victoria and South Australia, the judgment can be enforced for up to 15 years.
Legislations on limitation periods for recovery of debts.
Victoria: 6 years (Limitation of Actions Act 1958; Section 5).
New South Wales: 6 years (Limitation Act 1969; Section 14).
Western Australia: 6 years (Limitation Act 2005; Section 13).
South Australia: 6 years (Limitation of Actions Act 1936; Section 35).
Queensland: 6 years (Limitation of Actions Act 1974; Section 10).
Tasmania: 6 years (Limitation Act 1974; Section 4).
Northern Territory: 3 years (Limitation Act 1981; Section 12).
·Australian Capital Territory: 6 years (Limitation Act 1985; Section 11).
Legislations on limitation periods for enforcement of judgments:
Victoria: 15 years (Limitation of Actions Act 1958; section 5 (4)).
New South Wales: 12 years (Civil Procedure Act 2005; section 134,).
Western Australia: 12years (Civil Judgments Enforcement Act 2004; section 12 and 13).
South Australia: 15years (Limitation of Actions Act 1936).
Queensland: 12 years (Limitation of Actions Act 1974).
Tasmania: 12 years (Limitation Act 1974; section 4 (4))
Northern Territory: 12 years (Limitation Act 1981; section 15)
Australian Capital Territory: 12years (Limitation Act 1985; section 14).
Note: This is a general guide only. Circumstances may vary and advice should be sought about your specific circumstances.
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