Victorian Consolidated Legislation

LIMITATION OF ACTIONS ACT 1958

No. 6295 of 1958
Version incorporating amendments as at 31 December 2007

TABLE OF PROVISIONS

           Section Page
   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 etc.
   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
   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
   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

   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
   39.     Transitional
   39A.    Transitional-2004 amending Act
   40.     Saving
           __________________
           SCHEDULE-Repeals
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details