When a child is injured in Queensland: time limits and who makes the claim

When a child is injured in Queensland, parents are often told a child injury claim can wait because the clock does not start until the child turns 18. That is partly true and partly a trap. The limitation period for starting a court proceeding is extended for a child. The pre-court notice deadlines under the injury schemes are not extended in the same way, and they are usually measured in months, not years.

This article explains how the limitation period works for an injured child, why the CTP and general injury notice deadlines still matter, who acts for the child in a claim and in court, and why any settlement of a child’s claim needs approval before it binds the child.

Two clocks, not one

Most Queensland injury claims run on two kinds of deadline. The first is the limitation period: the outer limit for starting a court proceeding. The second is the set of scheme deadlines for telling the other side about the claim before any proceeding starts, such as the notice of accident claim for a CTP claim and the Part 1 notice of claim for a public liability claim.

The special rules for children operate mainly on the first clock. The second runs from the incident (or the first appearance of symptoms), or ends sooner once a lawyer is engaged, whatever the age of the injured person. Work injuries have their own separate scheme and are not covered here.

The main deadlines for an injured child at a glance

The table sets out the deadlines most often in play. Where a deadline has two limbs, the one that ends first is the one that counts.

How the limitation period works for a child

For an adult, the general rule in s 11(1) of the Limitation of Actions Act 1974 (Qld) is that an action for damages for personal injury caused by negligence or breach of duty must not be brought after 3 years from the date the cause of action arose.

A child is treated differently. Under s 5(2) of the Act, a person is taken to be under a disability while they are a minor. Section 29 then extends the time for a person who was under a disability when the right of action accrued. For personal injury, s 29(2)(c) sets the outer limit: the action must be brought within 3 years from the date the person ceased to be under the disability or died, whichever came first.

The age of majority in Queensland is 18, under s 17 of the Law Reform Act 1995 (Qld). So for a child injured at, say, age 7, the limitation period generally ends 3 years after the 18th birthday. That is the date by which court proceedings must ordinarily be started, not the date by which anything needs to happen first.

The extension preserves the right to sue. It does nothing to preserve the evidence, which fades with time.

Why the notice deadlines still apply

Before a court proceeding can be started, the injury schemes require written notice to the party said to be responsible. These notice deadlines are where children’s claims most often run into difficulty.

General injury claims

For public liability and most other non-motor, non-work injury claims, s 9(3) of the Personal Injuries Proceedings Act 2002 (Qld) requires Part 1 of the notice of claim to be given by the earlier of two dates: 9 months after the incident (or, if symptoms were not immediately apparent, 9 months after they first appeared), and 1 month after first instructing a law practice once the respondent is identified. The section does not wait for the child to turn 18.

Section 9(4) deals with children directly: if the claimant is a child, the child’s parent or legal guardian may give the notice for the child. The child remains the claimant; the parent or guardian is the person who gives the notice on the child’s behalf.

CTP claims

Where a child is hurt in a motor vehicle accident, as a passenger, pedestrian or cyclist, the notice of accident claim under s 37(2) of the Motor Accident Insurance Act 1994 (Qld) is due by the earlier of 9 months after the accident (or after symptoms first appeared, if not immediately apparent) and 1 month after first consulting a lawyer about a possible claim. If the vehicle cannot be identified, notice to the Nominal Defendant is due within 3 months. Section 37 sets no separate timetable for children.

What happens if a notice is late

A late notice does not usually end a claim outright. Under s 9(5) of the Personal Injuries Proceedings Act 2002 (Qld) and s 37(3) of the Motor Accident Insurance Act 1994 (Qld), the obligation to give the notice continues and a reasonable excuse for the delay must be given. There is one hard stop: under s 37(3), a claim against the Nominal Defendant for an unidentified vehicle is barred if notice is not given within 9 months after the accident.

Whether a particular explanation counts as a reasonable excuse turns on its facts. Relying on the child’s age alone is not a safe plan.

Claims that run differently: abuse suffered as a child

One category sits outside these rules. Under s 11A of the Limitation of Actions Act 1974 (Qld), an action for damages for personal injury resulting from sexual abuse or serious physical abuse suffered as a child, or psychological abuse connected with it, may be brought at any time and is not subject to a limitation period. The court keeps its power to dismiss or stay a proceeding where the passage of time means a fair trial is not possible.

Consistently with that, s 9(9C) of the Personal Injuries Proceedings Act 2002 (Qld) provides that the ordinary notice timing and late-notice rules do not apply to those claims.

Who acts for the child in court: the litigation guardian

A child cannot run a court proceeding personally. Under r 93 of the Uniform Civil Procedure Rules 1999 (Qld), a person under a legal incapacity may start or defend a proceeding only by a litigation guardian, and a litigation guardian who is not a solicitor may act only by a solicitor. The rules plainly contemplate children in this role: r 108 directs that a document required to be served personally on a young person be served instead on the young person’s litigation guardian.

The litigation guardian is usually a parent or another adult family member. Under r 94(1), the person must not themselves be under a legal incapacity and must have no interest in the proceeding adverse to the child’s. Under r 95(1), unless the court appoints someone, a person becomes the litigation guardian by filing their written consent in the court registry. Under r 93(2), steps in the proceeding that the rules require or permit a party to take are, for a party under a legal incapacity, taken by the litigation guardian, so the role carries real responsibility.

Why a child’s settlement must be approved

An agreement to settle a child’s injury claim does not bind the child just because a parent signs it.

For the purposes of s 59 of the Public Trustee Act 1978 (Qld), a person under a legal disability includes a child (s 59(1A)). Under s 59(1), in a court proceeding, no settlement of the child’s claim is valid without the sanction of a court or the Public Trustee, and money recovered is paid to the Public Trustee unless the court otherwise directs. Under s 59(2), a claim can be settled before proceedings are started, but again only with the sanction of a court or the Public Trustee.

The court rules say the same thing for settlements reached once a proceeding is on foot. Rule 98(1) of the Uniform Civil Procedure Rules 1999 (Qld) provides that a settlement of a proceeding in which a party is under a legal incapacity is ineffective unless approved by the court or the Public Trustee acting under s 59.

Once sanctioned, the settlement binds the child under s 59(3). The approval step means someone independent of the family and the insurer checks the proposed settlement, and the money is held for the child.

Published 9 November 2026.

Where this leaves families

The longer limitation period for children is real, but it is the outer limit, not the working deadline. The notice deadlines for CTP and general injury claims run from the incident, a parent can give a general injury notice for the child, and any settlement needs independent approval before it binds the child. The current text of the Limitation of Actions Act 1974 (Qld) is published on the Queensland legislation website, and our guide to personal injury law in Queensland covers the main claim categories and their time limits.

Related reading

• Personal injury time limits in Queensland: the 3-year rule and when it can be extended
• Personal injury law in Queensland: categories and time limits
• How CTP claims work in Queensland
• How Fraser Lawyers helps with personal injury matters
• Contact Fraser Lawyers

This article is general information only and is not legal advice. Queensland law and the figures referred to can change, and every situation turns on its own facts. Contact Fraser Lawyers for advice specific to your circumstances.

If you would like to discuss your matter, you can book a consultation or call (07) 5554 6116.