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Australia · Victoria and ACT limitations

Which period and facts govern ACT defamation limitation?

Ordinarily one year running from publication under section 21B(1). A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts.

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Read why no date is calculated
Period
Ordinarily one year running from publication under section 21B(1)
Trigger
The actual publication date, applying the electronic and single-publication provisions where relevant
Rule
Limitation Act 1985 (ACT) section 21B
Limitation Act 1985 (ACT) section 21B

This defamation limitation review uses official current Limitation Act republication R28, effective November 26, 2025. Limitation Act 1985 (ACT) section 21B controls the stated branch. A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts. The retained Legislation Act republication R126 is effective February 23, 2026; its determinative-provision rules and actual source facts remain relevant.

Source guide · No automated date

Check the applicable procedure

Limitation Act 1985 (ACT) section 21B. Ordinarily one year running from publication under section 21B(1). A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts. Establish the actual statutory event, eligibility and completion facts before relying on a filing endpoint. This interim source guide provides no computed or paid date.

Limitation Act 1985 (ACT) section 21B

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Which period and facts govern ACT defamation limitation?

Ordinarily one year running from publication under section 21B(1). A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts.

Responsible actor. The person bringing a defamation cause of action.

The actual publication date, applying the electronic and single-publication provisions where relevant

A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts.

The person bringing a defamation cause of action. Ordinarily one year running from publication under section 21B(1). A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts.

Limitation Act 1985 (ACT) section 21B

How does this provision count time?

  1. Ordinarily one year running from publication under section 21B(1)
  2. Institute the identified action in the appropriate court.
  3. A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts.

Ordinarily one year running from publication under section 21B(1). Legislation Act section 151 distinguishes periods beginning from or after an event from periods beginning on an event. Its table also distinguishes an ending before a day. Preserve the actual prohibition and paired-anchor wording for defamation limitation, rather than assuming an inclusive anniversary.

For defamation limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation.

Limitation Act 1985 (ACT) section 21B

Which facts prevent one automatic date?

Limitation Act 1985 (ACT) section 21B. Ordinarily one year running from publication under section 21B(1). A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts. Establish the actual statutory event, eligibility and completion facts before relying on a filing endpoint. This interim source guide provides no computed or paid date.

ResultRead the operative provision and establish the applicable branch.

The person bringing a defamation cause of action identifies the actual publication date, applying the electronic and single-publication provisions where relevant. Ordinarily one year running from publication under section 21B(1). Institute the identified action in the appropriate court. The person bringing a defamation cause of action. Ordinarily one year running from publication under section 21B(1). A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts.

A proposed endpoint for defamation limitation coincides with a weekend or a local public holiday. For defamation limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation. Establish the actual completion place and applicable statutory boundary. A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts.

A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts. Ordinarily one year running from publication under section 21B(1). The different or missing facts prevent choosing a single automatic date. Institute the identified action in the appropriate court. A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts.

Which conditions and exceptions apply?

Actual claimant, action and operative event
The person bringing a defamation cause of action. The actual publication date, applying the electronic and single-publication provisions where relevant.
Applicable statutory branch and prerequisites
A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts.
Exact limitation wording and completion facts
For defamation limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation.
Limitation Act 1985 (ACT) section 21B
  • The person bringing a defamation cause of action. Ordinarily one year running from publication under section 21B(1). A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts.
  • Defamation limitation concerns the actual publication date, applying the electronic and single-publication provisions where relevant. A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts. Personal injury limitation requires a separate source classification, so its date does not establish this action’s limitation.

What must the responsible actor complete?

Questions about this procedure

Which period and facts govern ACT defamation limitation?

What period applies to ACT defamation limitation?

Ordinarily one year running from publication under section 21B(1). A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts.

Limitation Act 1985 (ACT) section 21B

What actual event controls defamation limitation?

The actual publication date, applying the electronic and single-publication provisions where relevant. The person bringing a defamation cause of action must establish that source event from the actual obligation, claim and records.

Limitation Act 1985 (ACT) section 21B

What must the claimant complete for defamation limitation?

Institute the identified action in the appropriate court. A timely valid concerns notice changes the period by the statutory formula; actual court extension and materially different later publication have separate facts. The actual commencement route and source classification require review.

Limitation Act 1985 (ACT) section 21B

Does a concerns notice always add 56 days?

No. Section21B(3) adds56 days minus days remaining after the notice day before ordinary expiry. The notice must fall within the final 56-day window.

Limitation Act 1985 (ACT) section 21B

Can substantially the same publication restart the period?

Section21BA generally treats qualifying subsequent publication by the first publisher or an associate as accruing on first publication. A materially different manner of publication is excepted.

Limitation Act 1985 (ACT) section 21BA

Is three years an automatic alternative?

No. Section21BB permits a court extension up to three years from the alleged publication if just and reasonable. The actual order and grounds remain necessary.

Limitation Act 1985 (ACT) section 21BB

Official sources and review

Provisions used (5)
Provisions used in this guide
ProvisionPurpose
Limitation Act 1985 (ACT) section 21BCheck the identified procedure, event, counting rule or qualification
Limitation Act 1985 (ACT) section 21BACheck the identified procedure, event, counting rule or qualification
Limitation Act 1985 (ACT) section 21BBCheck the identified procedure, event, counting rule or qualification
Limitation Act 1985 (ACT) section 21BCCheck the identified procedure, event, counting rule or qualification
Legislation Act 2001 (ACT) sections 151 and 151ACheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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