Key points
- A tort is a civil wrong: a wrong to another person, other than a broken contract, that lets them sue for compensation or an order to stop it.
- Common torts: negligence, trespass to the person (assault, battery and false imprisonment), trespass to land, nuisance, defamation, malicious prosecution and breach of statutory duty.
- Tort is not crime: the person harmed sues for their own loss; the state prosecutes crimes. One act can be both.
- Negligence needs a duty of care, a breach, harm caused by the breach, and loss. The civil liability Acts set the tests for breach and causation.
- Some torts need no proof of loss: assault, battery and false imprisonment can be sued on even without damage; most others, including negligence, need it.
- Time limits are short: in Victoria and Queensland, 6 years for most tort claims, 3 years for personal injury and 1 year for defamation.
- For advice on a claim for harm, or a claim made against you, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer for a fixed $295.
A tort is a civil wrong, other than a breach of contract, that allows the person harmed to sue the wrongdoer for compensation (damages) or an order to stop it; examples include negligence, assault, battery, false imprisonment, trespass to land, nuisance and defamation. In Victoria and Queensland, most tort claims must be started within 6 years, personal injury claims within 3 years and defamation claims within 1 year.
Checked on 23 October 2026 against the Wrongs Act 1958 (Vic), the Civil Liability Act 2003 (Qld), both states' limitation Acts and the Judicial Commission of NSW's Civil Trials Bench Book.
What is a tort?
A tort is a civil wrong: a wrong done to another person, other than a broken contract, that the law allows them to sue for. The person harmed (the plaintiff) can ask a court for compensation, called damages, and sometimes for an order stopping the wrong. Tort law is part of civil law.
- Tort and crime: a crime is prosecuted by the state and can lead to a penalty such as a fine or prison. A tort claim is brought by the person harmed, for their own loss. The same act can be both: punching someone can be the crime of assault and also the tort of battery.
- Tort and contract: a contract claim enforces promises the parties made to each other. A tort claim enforces duties the law imposes on everyone, whether or not there is any agreement.
- Who can be sued: people, companies and government bodies.
Common torts
| Tort | What it means |
|---|---|
| Negligence | Failing to take the care a reasonable person would take, causing harm that was foreseeable |
| Assault | A direct, intentional threat that makes you reasonably fear that physical contact is about to happen |
| Battery | Directly making physical contact with you, intentionally or carelessly, without lawful excuse |
| False imprisonment | Completely taking away your freedom to move, by voluntary and unlawful conduct |
| Malicious prosecution | Wrongfully and with malice starting or continuing legal proceedings against you |
| Trespass to land | Entering or staying on land in someone else's possession without permission or lawful excuse |
| Nuisance | Unreasonably interfering with someone's use or enjoyment of their land, for example by noise, smells or water |
| Defamation | Publishing material that harms a person's reputation |
| Breach of statutory duty | Breaking a duty set by an Act, where the Act lets the person harmed sue |
- No loss needed for trespass to the person: assault, battery and false imprisonment can be sued on without proving any damage, though if you were injured you can also recover damages for the injury. For most other torts, including negligence and malicious prosecution, damage is an essential part of the claim.
- Defamation: in most states and territories the law now requires the person defamed to give the publisher a concerns notice before suing, and to show serious harm to their reputation. See making a defamation claim.
- Personal injury claims are usually in negligence, for example after a car crash, a fall in a shop or a medical mistake. Special schemes apply to many work injuries and road accidents.
What you must prove in negligence
To win a negligence claim, the plaintiff generally has to prove four things: that the defendant owed them a duty of care, that the defendant breached it, that the breach caused the harm, and that they suffered loss. Each state's civil liability law sets out how breach and causation are decided. In Victoria (Wrongs Act 1958, Part X) and Queensland (Civil Liability Act 2003), the rules are much the same:
- Breach: a person is not negligent in failing to take precautions against a risk of harm unless the risk was foreseeable (they knew or ought to have known of it), it was not insignificant, and a reasonable person in their position would have taken those precautions.
- What the court weighs: how likely the harm was, how serious it would be, the burden of taking precautions, and the social value of the activity that created the risk.
- Causation: the negligence must have been a necessary condition of the harm (factual causation), and it must be appropriate for the defendant's liability to extend to that harm (scope of liability).
- Burden of proof: the plaintiff must prove, on the balance of probabilities, every fact relevant to causation.
- Your own carelessness can reduce what you recover. See contributory negligence.
Damages and other remedies
- Compensatory damages are the usual remedy: money meant to put you, so far as money can, in the position you would have been in without the wrong. They can cover lost income, medical and care costs, damaged property, and pain and suffering.
- Once and for all: damages are generally assessed once and paid as a lump sum, so a claim must cover future losses as well as past ones.
- You must prove your loss: the plaintiff carries the burden of proving the injury or loss claimed, usually with medical, financial and other records.
- Aggravated damages can be added where the way the defendant behaved increased your distress, and exemplary damages where the court wants to mark its disapproval of the conduct and deter it.
- Limits by statute: civil liability, workers compensation and motor accident laws change how damages are worked out for many injury claims, and can limit or exclude some kinds of damages.
- Injunctions: for a continuing wrong, such as a nuisance or trespass, a court can order the defendant to stop.
Time limits
Each state and territory sets its own time limits, and a claim started too late can be defeated. Two examples:
| Claim | Victoria | Queensland |
|---|---|---|
| Most tort claims (property damage, financial loss, trespass, nuisance) | 6 years from when the cause of action accrued | 6 years from when the cause of action arose |
| Personal injury | 3 years from when the injury was discoverable, or 12 years from the act or omission, whichever ends first | 3 years from when the cause of action arose |
| Defamation | 1 year from publication | 1 year from publication |
| Child abuse | No limitation period for injury from physical or sexual abuse as a child | No limitation period for child abuse claims |
- In both states, the 1-year defamation limit is extended if a concerns notice is given in the last 56 days before it ends.
- Different rules can apply to children, people with a disability and some kinds of claim, and courts can sometimes extend time. Do not rely on an extension: get advice well before a limit runs out.
Free legal help
| Service | Number | Hours |
|---|---|---|
| LawAccess NSW (Legal Aid NSW) | 1300 888 529 | 9am to 5pm, Monday to Friday |
| Victoria Legal Aid | 1300 792 387 | 8am to 6pm, Monday to Friday |
| Legal Aid Queensland | 1300 65 11 88 | 8:30am to 4:30pm, Monday to Friday |
| Legal Aid WA Infoline | 1300 650 579 | 9am to 4pm, Monday to Friday |
| Legal Services Commission of South Australia | 1300 366 424 | 9am to 4:30pm, weekdays |
| Tasmania Legal Aid | 1300 366 611 | 8:45am to 5pm, Monday to Friday |
| Legal Aid ACT Helpline | 1300 654 314 | 8:30am to 7pm Monday to Thursday; 8:30am to 5pm Friday |
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in your state is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise whether you have a claim and how strong it is, the time limit that applies, what damages you could recover, or how to respond if a claim is made against you. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against the Wrongs Act 1958 (Vic), authorised version 130, sections 48 to 52; the Limitation of Actions Act 1958 (Vic), authorised version 113, sections 5 and 27D; the Civil Liability Act 2003 (Qld) (current as at 1 July 2024), sections 9 to 12; the Limitation of Actions Act 1974 (Qld) (current as at 28 April 2026), sections 10, 10AA, 11 and 11A; and the Judicial Commission of NSW's Civil Trials Bench Book chapters on intentional torts, damages and defamation, on 23 October 2026.