Statute of limitations checker
There is a legal deadline to recover a debt through the courts. Pick the debtor's state and the date the debt fell due to see how long you have left — and what to do about it.
How debt limitation periods work in Australia
A limitation period is the legal window in which you can start court action to recover a debt. Miss it, and the debtor can raise a "limitation defence" that bars the claim — even where the money is genuinely owed. For an ordinary commercial (simple-contract) debt, the period is six years in every Australian state and the ACT, and three years in the Northern Territory.
When does the clock start?
The period generally runs from the date the cause of action accrues — in practice, when the debt fell due and payable. Two things commonly restart it: a part-payment of the debt, or a written acknowledgment that the debt is owed. Either resets the clock to run afresh from that later date, which is why the checker asks for the most recent of those dates.
Limitation periods by state & territory
| State / territory | Simple-contract debt | Legislation |
|---|---|---|
| New South Wales | 6 years | Limitation Act 1969 |
| Victoria | 6 years | Limitation of Actions Act 1958 |
| Queensland | 6 years | Limitation of Actions Act 1974 |
| Western Australia | 6 years | Limitation Act 2005 |
| South Australia | 6 years | Limitation of Actions Act 1936 |
| Tasmania | 6 years | Limitation Act 1974 |
| Australian Capital Territory | 6 years | Limitation Act 1985 |
| Northern Territory | 3 years | Limitation Act 1981 |
Debts under a deed are different
Where the debt arises under a deed (a specialty obligation, signed and executed as a deed) the limitation period is longer — generally 12 years, and 15 years in Victoria, South Australia and Western Australia. Guarantees executed as deeds can fall into this category.
Approaching the deadline? Don't let a recoverable debt become unenforceable. Merion can act quickly on a commission-only basis — refer the debt or get a free appraisal first.
This tool is a general guide only and is not legal advice. Limitation law is complex — periods can be paused, extended or restarted by specific events, and different rules apply to deeds, judgments, and some statutory debts. Always confirm your position with a qualified lawyer before relying on it.
Time is the one thing you can't get back.
Refer a debt today and a specialist reviews it within one business day — no upfront cost, no lock-in.