If you are thinking about seeking compensation for a ‘wrong’ done to you, it is likely that you are considering bringing a claim arising from the commission of an ‘intentional tort’.
Intentional torts include:
- Assault: intentionally creating in another person a fear of imminent harmful or offensive contact.
- Battery: intentionally bringing about harmful or offensive contact with another person’s body.
- False imprisonment: intentional deprivation of a person’s liberty often, but not always, by a wrongful arrest.
- Malicious prosecution: a criminal proceeding commenced and/or maintained in the absence of reasonable and probable cause, and with malice or improper motive.
Damages awarded by a court for an intentional tort can, but do not need to, include damages for personal injury. For example, if you have not sustained a serious physical or psychological injury, you can still be awarded damages for the infringement of your rights, the deprivation of your liberty or the interference with your bodily integrity.
Understanding what type of case, you wish to bring and the type of damages you wish to claim is critical to calculating the relevant limitation period for your claim. A ‘limitation period’ is the legally prescribed time frame within which you must commence legal proceedings.
In New South Wales, the Australian Capital Territory and Western Australia, the following time limits apply to intentional tort claims:
- For claims involving personal injury: 3 years
- For claims not involving personal injury: 6 years
If your case involves a personal injury, you may also be required to comply with other specific time limits: see, for example, Chapter 5 of the Civil Law (Wrongs) Act 2002 (ACT) which requires that notice of a claim be given with 9 months of the incident in the Australian Capital Territory.
Across Sydney, Canberra and Perth, Hugo Law Group’s specialist Civil Law Team can advise you about these limitation periods and provide advice as to whether your case should include a claim for personal injury damages or not.
If you believe you have been unlawfully treated by police or another law enforcement agency, it is important to obtain legal advice at an early stage. Hugo Law Group acts in civil claims involving malicious prosecution, false imprisonment, and assault and battery by law enforcement. To discuss your circumstances and potential legal options, call Hugo Law Group in Sydney (02 9696 1361), Canberra (02 5104 9640) or Perth (08 6255 6909) to make an appointment to speak with one of our lawyers.
