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16 October 2026 / Julie Somerville
Issue: 8181 / Categories: Features , Abuse , Limitation , Child law , International
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Limitation: Lessons from down under

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Julie Somerville reports on what ten years without limitation periods looks like

As of 29 June 2026, the Crime and Policing Act 2026 removed the three-year limitation period for civil claims arising out of child sexual abuse (CSA) and put the onus on a defendant to prove a fair hearing was not possible.

The UK commentary so far has focused, understandably, on increases in claim volumes and what a ‘fair hearing’ contest may look like. What it has not yet described is what the resolution of CSA claims will look like. Australia has been there for some years, and the journey is worth mapping.

Australia’s reforms followed the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse and saw the States and Territories abolishing limitation periods for civil CSA claims from 2015.

However, the removal of the limitation period did not end the liability contests. They refocused.

Litigation arguments

For several years, the battleground became the permanent stay application. Some defendants, facing claims about

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