South Australian Current Acts
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LIMITATION OF ACTIONS ACT 1936
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
3. Interpretation
PART 1A--Actions for child abuse
3A. No limitation period for child abuse actions
PART 2--Proceedings for recovery of land or rent
4. Limitation in actions for recovery of rent or land
5. Time of accrual of right of action
6. Where claimant has been in possession and discontinued possession
7. Case where person in possession has died
8. Case where land alienated
9. Future estates
10. Forfeiture or breach of condition
11. Where average of forfeiture is not taken by remainder-man
12. Mortgage
13. Reversioner to have new right
14. Administrators
15. Where land subject to tenancy at will
16. Tenancy from year to year
17. Where rent amounting to two dollars reserved by a lease in writing, wrongfully received
18. Entry not to be possession
19. Continual claim
20. Possession of joint tenant
21. Effect of acknowledgment by person in possession
22. Effect of future estates when estate in possession barred
23. Tenants in tail and remainder-men
24. Possession adverse to a tenant in tail to run against a remainder-man
25. Concealed fraud
26. Saving jurisdiction of equity
27. Time when mortgagor barred
28. Extinction of rights at end of period of limitation
29. Receipt of rent to be deemed receipt of profits
30. No descent, warranty etc to bar a right of entry
PART 3--Claims for trust property or breach of trust
31. Application of Act to express trusts
32. Further provisions as to application of Act to trusts
PART 4--Recovery of money charged on land and legacies
33. Money charged upon land and legacies
PART 5--Actions on specialty
34. Limitation of action on specialty
PART 6--Actions on simple contract and in tort
35. Actions on simple contract and in tort
36. Personal injuries
37. Defamation proceedings generally to be commenced within 1 year
37A. Defamation proceedings--single publication rule
37B. Defamation proceedings--extension of limitation period
37C. Defamation proceedings--effect of limitation law concerning electronic publications on other laws
38. Limitation on actions for recovery of money
38A. Limitation laws are substantive laws
39. Absence from State of person liable
40. Absence from State of a joint debtor
41. Payment by a contractor
42. Effect of oral acknowledgment
43. Endorsements of payment
44. Simple contract debt by way of set-off
PART 7--Miscellaneous
45. Persons under legal disability
45A. Special provision regarding children
46. Imprisonment or absence of persons entitled to action
46A. Extension of period of limitation where cause of action survives
47. Extension of certain periods of limitation
48. General power to extend periods of limitation
49. Other rules of law or equity to be unaffected
50. Dispensation with requirement of notice before action
Legislative history
The Parliament of South Australia enacts as
follows:
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