Section 32A(2) of the Limitation of Actions Act 1974 (Qld) imposes an objective test requiring a defamation plaintiff to affirmatively demonstrate that commencing proceedings within the one-year limitation period would have been unreasonable. Mere ignorance of the limitation period, pursuit of internal or private dispute resolution processes (where the plaintiff understood they had a choice), and failure to seek legal advice do not satisfy this test. The pursuit of non-litigious processes under Division 1 of Part 3 of the Defamation Act 2005 (Qld) may, however, be a circumstance justifying extension. Any extension should be limited to the period during which it was actually unreasonable to commence proceedings.
The full text is available to signed-in members, including the 54 later cases that cite this judgment.
13 of the 54 citing cases carry a classified treatment. How each court treated it is available to signed-in members.