Western Australian Current Acts

LIMITATION ACT 1935

TABLE OF PROVISIONS

           Long Title

   1.      Short title
            
   3.      Interpretation
            
   4.      No land or rent to be recovered but within 12 years after the right of action accrued
            
   5.      When the right shall be deemed to have accrued
            
   6.      Where advantage of forfeiture is not taken by remainderman, he shall have a new right when his estate comes into possession
            
   7.      Provision for case of future estates
            
   8.      An administrator to claim as if he obtained the estate without interval after the death of deceased
            
   9.      In the case of a tenant at will, the right shall be deemed to have accrued at the end of one year
            
   10.     No person after a tenancy from year to year, to have any right but from the end of the first year or last payment of rent
            
   11.     Where rent amounting to $2 reserved by a lease has been wrongfully received, no right to accrue on determination of lease
            
   12.     A mere entry not to be deemed possession
            
   13.     No right to be preserved by continual claim
            
   14.     Possession of one coparcener etc., not to be the possession of the others
            
   15.     Acknowledgment in writing given to the person entitled or his agent, to be equivalent to possession or receipt of rent
            
   16.     In cases of infancy, etc., 6 years to be allowed from the termination of the disability or previous death
            
   17.     No time to be allowed for absence beyond seas
            
   18.     30 years utmost allowance for disabilities
            
   19.     No further time to be allowed for a succession of disabilities
            
   20.     When the right to an estate in possession is barred the right of the same person to future estates also barred
            
   21.     Where tenant in tail is barred, remaindermen whom he might have barred shall not recover
            
   22.     Possession adverse to a tenant in tail, shall run on against the remaindermen whom he might have barred
            
   23.     Possession under an assurance by a tenant in tail
            
   24.     No suit in equity to be brought after the time when the plaintiff might have brought an action at law
            
   25.     In cases of express trust, the right shall not be deemed to have accrued until a conveyance to a purchaser
            
   26.     Time for recovering charge and arrears of interest not to be enlarged by express trust for raising same
            
   27.     In cases of fraud no time shall run whilst the fraud remains concealed
            
   28.     Saving the jurisdiction of equity on the ground of acquiescence or otherwise
            
   29.     Mortgagor to be barred at end of 12 years from the time when the mortgagee took possession or from the last written acknowledgment
            
   30.     At the end of the period of limitation the right of the party out of possession to be extinguished
            
   31.     Receipt of rent to be deemed receipt of profits
            
   32.     Money charged upon land and legacies to be deemed satisfied at the end of 12 years if no interest paid nor acknowledgment given
            
   33.     Claims to estate of intestates
            
   34.     No arrears of rent or interest to be recovered for more than 6 years
            
   35.     Mortgagees may bring actions to recover land within 12 years after last payment of principal or interest
            
   36.     No title by adverse possession against Crown
            
   37.     Actions on penal Statutes
            
   37A.    Limitation on proceeding for recovery of tax
            
   37B.    Limited right to recover tax
            
   37C.    Limited operation of certain court orders
            
   38.     Limitation of time for commencing other actions and suits
            
   38A.    Extended limitation period in certain cases
            
   38B.    Revival
            
   39.     Except absence beyond seas
            
   40.     Persons under disability allowed time from removal of disability
            
   41.     Extension of time where person liable is beyond the seas
            
   42.     Meaning of expression “beyond the seas”
            
   43.     No extension of time against a joint debtor not beyond the seas
            
   44.     Effect of acknowledgment, etc., preserved except in certain cases
            
   45.     Judgment may be recovered against some co-defendants
            
   46.     Limitation to apply to counter-claim and set-off
            
   47.     Trustees may plead Statute of Limitations in certain cases
            
   47A.    Protection of persons acting in execution of statutory or other public duty
            
   48.     Crown not affected, except as expressly provided
            
   48A.    Various provisions repealed
            
   49.     Exception of cases provided for by other Acts
           Defined terms
           Compilation table