Victorian Current Acts

LIMITATION OF ACTIONS ACT 1958

TABLE OF PROVISIONS

           Long Title

   1.      Short title and commencement  
   2.      Repeals and savings  
   3.      Definitions  

   PART I--PERIODS OF LIMITATION

           Division 1--Application

   4.      Application of Act  

           Division 2--Actions of contract, tort etc.

   5.      Contracts and torts  
   6.      Successive conversions of goods  

           Division 3--Actions to recover land and rent

   7.      No title by adverse possession against Crown  
   7A.     No title by adverse possession against PTC or Victorian Rail Track  
   7AB.    No title by adverse possession against water authorities  
   7B.     No title by adverse possession against Councils  
   7C.     Adverse possession of common property  
   8.      Action to recover land  
   9.      Accrual of right of action in case of present interests in land  
   10.     Accrual of right of action in case of future interests  
   11.     Provisions in case of settled land and land held on trust  
   12.     Accrual of right of action in case of forfeiture or breach of condition  
   13.     Accrual of right of action in case of certain tenancies  
   14.     Right of action not to accrue or continue unless there is adverse possession  
   15.     Limitation of redemption actions  
   16.     No right of action to be preserved by formal entry or continual claim  
   17.     Administration to date back to death  
   18.     Extinction of title after expiration of period  
   19.     Actions to recover rent  

           Division 4--Actions to recover money secured by a mortgage or charge

   20.     Actions to recover money secured by a mortgage or charge  

           Division 5--Actions to recover imposts

   20A.    Limitation on proceeding for recovery of tax[1]  
   20B.    Limitation on recovery of tax or amount attributable to tax  

           Division 6--Actions in respect of trust property or the personal estate of deceased persons

   21.     Limitation of actions in respect of trust property  
   22.     Actions claiming personal estate of a deceased person  

   PART II--EXTENSION OF LIMITATION PERIODS

           Division 1--Disability

   23.     Extension of limitation period in case of disability  

           Division 2--Personal injuries

   23A.    Personal injuries  

           Division 2A--Defamation

   23B.    Defamation—extension of limitation period  
   23C.    Transitional—Defamation Act 2005  

           Division 3--Acknowledgment and part payment

   24.     Fresh accrual of action on acknowledgment or part payment  
   25.     Formal provisions as to acknowledgments and part payments  
   26.     Effect of acknowledgment or part payment on persons other than the maker or recipient  

           Division 4--Fraud and mistake

   27.     Postponement of limitation periods in case of fraud or mistake  

   PART IIA--PERSONAL INJURY ACTIONS

           Division 1--Introductory

   27A.    Interpretation  
   27B.    Application  

           Division 2--Limitation period for personal injury actions

   27C.    Application of Division  
   27D.    Limitation period for personal injury actions—general  
   27E.    Limitation period for personal injury actions—persons under a disability  
   27F.    Date cause of action is discoverable  
   27G.    Application to survivor actions  
   27H.    Application to Part III Wrongs Act actions  
   27I.    Special limitation period for minors injured by close relatives or close associates  
   27J.    Effect of legal incapacity on limitation period  

           Division 3--Extension of limitation period for personal injury actions

   27K.    Extension of limitation periods  
   27L.    Matters to be considered in determining applications for extension of limitation period  
   27M.    Effect of expiry of limitation period prior to extension  

           Division 4--Transitional

   27N.    Transitional  

           Division 5--Actions for personal injury resulting from child abuse

   27O.    Application of Division  
   27OA.   Definitions for this Division  
   27P.    No limitation period for certain actions  
   27Q.    No long-stop limitation period for certain actions arising under Part III of the Wrongs Act 1958  
   27QA.   Action may be brought on previously barred cause of action or previously settled cause of action  
   27QB.   Application to court to set aside previous judgments  
   27QC.   Court's powers—set aside previous judgments  
   27QD.   Application to court to set aside previously settled causes of action  
   27QE.   Court's powers—previously settled causes of action  
   27QF.   Recovery of amounts under previous judgment or previous settlement agreement which is set aside  
   27R.    Interaction with other powers of court  
   27S.    Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020  

   PART III--GENERAL

   28.     Application of Act to arbitrations  
   29.     Applications for foreclosure under Transfer of Land Act 1958  
   30.     Provisions as to set-off or counterclaim  
   31.     Acquiescence  
   32.     Application to the Crown  
   33.     Saving  
   34.     Abrogation of rule in Weldon v. Neal (1887) 19 Q.B.D. 394  
   35.     Provisions as to actions already barred and pending actions  
   36.     Supreme Court—limitation of jurisdiction  
   37.     Supreme Court—limitation of jurisdiction  
   38.     Supreme Court—limitation of jurisdiction  
   38A.    Supreme Court—limitation of jurisdiction  
   38B.    Supreme Court—limitation of jurisdiction  
   38C.    Regulations  
   39.      Transitional  
   39A.    Transitional—2004 amending Act  
   39B.    Transitional—2023 amending Act  
   40.     Saving  
           SCHEDULE
           ENDNOTES