Diary the six-year Queensland contract limit if AFCA cannot hear the disability complaint

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
From the decision dates the lawyer marks, set out section 10(1)(a) and section 10(3) of the Limitation of Actions Act 1974 (Qld) beside the AFCA deadline. The tool does not choose the accrual date.
What the lawyer must review
  • Confirm the damages claimed do not include damages in respect of personal injury.
  • Read section 10AA before issuing. Section 10(1)(a) is subject to it.
  • Do not let section 10(3) override a shorter period. It gives six years for a deed.
  • Do not treat the AFCA disability limits as extendable.
Written for / version
Queensland versionQLDNSWVIC

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. A Queensland court, if a superannuation disability complaint cannot be determined by AFCA

Produce. A diary of the state contract period beside the AFCA deadline, with the accrual date left for the lawyer.

Have ready. AFCA deadline already calculated from the decision letters; Policy and the proposed cause of action; Date the lawyer treats as accrual.

Example of the limit. Illustrative example: The AFCA disability deadline has passed. The tool lists six years only for a contract claim whose damages do not include personal injury. The lawyer decides whether any part of the claim is personal-injury damages.

Stop and hand it back when

  • Any part of the proposed claim is damages in respect of personal injury.
  • Section 10AA has not been read.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Section 10(1)(a), subject to section 10AA, gives six years from when the cause of action arose for an action founded on simple contract or quasi-contract, or on tort, where the damages claimed do not consist of or include damages in respect of personal injury.
  2. If the claim includes damages in respect of personal injury, section 10(1)(a) does not apply to that part. Read section 10AA before relying on the six years.
  3. Section 10(3) gives six years from accrual for an action upon a deed. Section 10(3A) says subsection (3) does not affect an action for which another provision prescribes a shorter period.
  4. AFCA rule B.4.4.1: AFCA will not extend the time limits in rules B.4.1.1 to B.4.1.4.

Forms and precedents for this task

Forms and precedents for this task
Form or precedentKindAI useSummary
Covering letter for an AFCA complaint about insurance held in superannuationLetterAI use YellowA covering letter for a complaint to the Australian Financial Complaints Authority about a disability decision on insurance held in superannuation, made through AFCA's own process.

Signed-in accounts can read the full text of each one. All precedents.

Sources

The AFCA rules do not change by state. This version is the Queensland contract period used if those rules cannot be extended.

Keep medical and wage records in the firm's tool. Queensland uses the Australian Solicitors' Conduct Rules 2023. Australian Privacy Principle 11 applies, and a loss likely to result in serious harm may be notifiable.

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