LIMITATION OF ACTIONS ACT 1958

Victorian Consolidated Legislation

[Index] [Search] [Notes] [Noteup] [Download] [Help]
LIMITATION OF ACTIONS ACT 1958 - NOTES

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

ENDNOTES

1. General Information
The Limitation of Actions Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.
2. Table of Amendments
This Version incorporates amendments made to the Limitation of Actions Act 1958 by Acts and subordinate instruments.
-------------------------------------------------------------
Limitation of Actions (Recovery of Imposts) Act 1961, No. 6845/1961
Assent Date:
19.12.61
Commencement Date:
19.12.61
Current State:
All of Act in operation
Limitation of Actions (Notice of Action) Act 1966, No. 7457/1966
Assent Date:
22.11.66
Commencement Date:
1.1.67: Government Gazette 21.12.66 p. 4264
Current State:
All of Act in operation
Limitation of Actions (Personal Injuries) Act 1972, No. 8300/1972
Assent Date:
17.10.72
Commencement Date:
1.1.73: s. 1(3)
Current State:
All of Act in operation
Age of Majority Act 1977, No. 9075/1977
Assent Date:
6.12.77
Commencement Date:
1.2.78: Government Gazette 11.1.78 p. 97
Current State:
All of Act in operation
Statute Law Revision Act 1980, No. 9427/1980
Assent Date:
27.5.80
Commencement Date:
27.5.80 (subject to s. 6(2))
Current State:
All of Act in operation
Limitation of Actions (Personal Injury Claims) Act 1983, No. 9884/1983
Assent Date:
10.5.83
Commencement Date:
11.5.83: Government Gazette 11.5.83 p. 1145
Current State:
All of Act in operation
Commercial Arbitration Act 1984, No. 10167/1984
Assent Date:
20.11.84
Commencement Date:
1.4.85: Government Gazette 20.2.85 p. 372
Current State:
All of Act in operation
Mental Health Act 1986, No. 59/1986
Assent Date:
3.6.86
Commencement Date:
Ss 1-3, 21, 23, Sch. 1 on 19.6.87: Government Gazette 17.6.87 p. 1538; rest of Act on 1.10.87: Government Gazette 30.9.87 p. 2585
Current State:
All of Act in operation
Supreme Court Act 1986 , No. 110/1986
Assent Date:
16.12.86
Commencement Date:
1.1.87: s. 2
Current State:
All of Act in operation

Limitation of Actions (Amendment) Act 1989, No. 21/1989
Assent Date:
30.5.89
Commencement Date:
30.5.89: Special Gazette (No. 27) 30.5.89 p. 1
Current State:
All of Act in operation
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)-(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
Limitation of Actions (Amendment) Act 1993, No. 102/1993
Endnotes
Assent Date:
23.11.93
Commencement Date:
15.10.93: s. 2
Current State:
All of Act in operation
Transport (Amendment) Act 1993, No. 120/1993
Assent Date:
7.12.93
Commencement Date:
Pt 1 (ss 1-3), ss 56, 58, 60, 61(2), 65-71, 73-79 on 7.12.93; Pt 2 (ss 4-55), ss 57, 59, 61(1), 62, 63 on 19.12.93: s. 2(2); rest of Act on 30.5.94: s. 2(4)
Current State:
All of Act in operation
Rail Corporations (Amendment) Act 1997, No. 104/1997
Assent Date:
16.12.97
Commencement Date:
S. 50 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1
Current State:
This information relates only to the provision/s amending the Limitation of Actions Act 1958
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 item 50) on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s amending the Limitation of Actions Act 1958
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 71) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the Limitation of Actions Act 1958
Transport (Further Amendment) Act 2001, No. 54/2001
Assent Date:
2.10.01
Commencement Date:
S. 39 on 30.6.03: s. 2(5)
Current State:
This information relates only to the provision/s amending the Limitation of Actions Act 1958
Limitation of Actions (Amendment) Act 2002, No. 52/2002
Assent Date:
4.11.02
Commencement Date:
5.11.02: s. 2
Current State:
All of Act in operation

Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003, No. 60/2003
Endnotes
Assent Date:
16.6.03
Commencement Date:
Ss 11-16 on 21.5.03: s. 2(1)
Current State:
This information relates only to the provision/s amending the Limitation of Actions Act 1958
Limitation of Actions (Amendment) Act 2004, No. 8/2004
Assent Date:
11.5.04
Commencement Date:
4.3.04: s. 2
Current State:
All of Act in operation
Limitation of Actions (Adverse Possession) Act 2004, No. 76/2004
Assent Date:
9.11.04
Commencement Date:
26.11.04: Special Gazette (No. 245) 26.11.04 p. 1
Current State:
All of Act in operation
Defamation Act 2005, No. 75/2005
Assent Date:
2.11.05
Commencement Date:
Ss 47, 48 on 1.1.06: s. 2
Current State:
This information relates only to the provision/s amending the Limitation of Actions Act 1958
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date:
15.8.06
Commencement Date:
S. 42(Sch. item 21) on 23.4.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Limitation of Actions Act 1958
Owners Corporations Act 2006, No. 69/2006
Assent Date:
19.9.06
Commencement Date:
S. 222 on 31.12.07: s. 2(2)
Current State:
This information relates only to the provision/s amending the Limitation of Actions Act 1958
Water (Governance) Act 2006, No. 85/2006
Assent Date:
17.10.06
Commencement Date:
S. 161 on 18.10.06: s. 2(1); s. 162(2) on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Limitation of Actions Act 1958
-------------------------------------------------------------
3. Explanatory Details

1 S. 7AB: The amendments proposed by section 162(2) of the Water (Governance) Act 2006, No. 85/2006 are not included in this publication due to an incorrect reference to section 7C.  Section 162(2) reads as follows:
	162.	Repeal of Melbourne Water Corporation Act 1992
	(2)	In section 7C of the Limitation of Actions Act 1958-
	(a)	paragraph (b) is repealed; and
	(b)	omit ", Corporation".
2 S. 20A: Section 6 of the Limitation of Actions (Amendment) Act 1993, No. 102/1993 reads as follows:
	6.	Transitional provision
Section 20A of the Principal Act, as substituted by this Act, applies to payments made before, on or after the commencement of this section, other than payments in respect of which proceedings have been brought before that commencement.









INDEX

Subject

Section

Accounts
5
Acquiescence
31
Act

	abrogation of rule in Weldon v. Neal (1887)
34
	provisions as to actions already barred, pending
35
	repeals and savings
2, 40, Sch.
	short title and commencement
1
	transitional provisions
23C, 27N, 39-39A
Actions

	definition and construction of references
3
Adverse possession
7, 7A-7C, 14
Arbitration
3, 28
Awards
5
Bonds
5
Breaches of duty
5, 23A
Charges See Mortgages 

Chattels
6
Contracts
5
Councils See Municipal councils

Counterclaims
30
Crown
7, 8, 32
Death See Deceased estates; Personal injuries

Debts

	acknowledgement, part payment
24-26
Deceased estates

	acknowledgement, part payment of claims to
24-26
	actions to recover land
9, 17
	actions to recover shares, interests in
22
Defamation
5, 23B-23C
Definitions
3, 5, 20A, 20B, 23C, 26, 27A, 27J
Diseases, disorders See Personal injuries

Extension of periods of limitation 
See Limitation periods

Foreclosures

	applications under Transfer of Land Act 1958
29
	part payment of mortgage
24-26
	right to
20
Forfeiture
5, 23
Fraud
27
Impairment See Personal injuries

Interest
5, 20
Judgments
5








Subject

Section

Land - Actions to recover

	acknowledgment of title of person with right to
24-26
	adverse possession against Crown, Rail Track
7-7A
	adverse possession against municipal councils
7B
	adverse possession against owners corporations
7C
	adverse possession against water authorities
7AB
	adverse possession as requirement for
14
	breaches of conditions
12
	certain tenancies
13
	deceased persons
9, 17
	definitions, construction of references
3
	dispossession, discontinued possession
9
	equitable interests
11
	extension of limitation periods
24-26
	extinguishment of title
18
	forfeiture
12
	future interests
10
	general provisions
8
	land held on trust
11
	persons under disability
23
	present interests
9
	remainder or reversionary interests
10, 12
	right not preserved by formal entry, continual claim
16
	settled land and tenants for life
3, 11
See also Foreclosures; Mortgages; Rent

Licensees

	under Water Industry Act 1994

Limitation periods

	application of Part 2
4
	extension regarding

acknowledgement of title, part payment
24-26
fraud, mistakes
27
personal injuries
23A, 27K-27M
persons under disability
23
	prescribed by other Acts
33
Melbourne Water Corporation
7AB
Minors See Persons under a disability

Mistakes
27
Mortgages

	actions to recover arrears of interest 
5, 20
	actions to recover money secured by
20
	actions to redeem, compel discharge when land in possession of mortgagee

15, 18, 24-26
	foreclosures
20, 29
	part payment
24-26
Municipal councils
7B
Negligence
5, 23A
Nuisance
5, 23A
Penalties
5, 23
Periods of limitation See Limitation periods



Subject

Section

Personal injuries

	actions arising under Part 3 of Wrongs Act 1958
27B, 27F, 27H, 27L
	application of relevant provisions
27B-27C
	date cause of action is discoverable
27F-27G, 27I-27J
	definitions and interpretation
3, 27A, 27F, 27J
	limitation periods for actions for damages

extension 
23A, 27K-27M
general provisions
5, 27D
long-stop limitation period
27A, 27H, 27I
minors injured by close relatives, associates
27I
persons under disability
27E
persons under legal incapacity
27J
survivor actions
27A, 27B, 27G, 27I, 27L
	transitional provisions
27N
Persons under disability

	extension of limitation periods for
23
	personal injury actions
27E, 27I-27J
	persons deemed to be
3
Persons under legal incapacity
27J
Protected persons See Persons under disability

Recognizances
5
Rent and rentcharges
3, 13, 14, 19
Repeals and savings
2, 40, Sch.
Represented persons See Persons under disability

Set-offs
30
Settled land
11
Supreme Court

	limitation of jurisdiction
36-38B
Taxes
20A-20B
Tenants for life
11
Torts
5
Transitional provisions
23C, 27N, 39-39A
Trusts

	actions for recovery of land held upon
11
	actions for recovery of trust property
21
	definitions
3
Victorian Rail Track
7A
Water authorities
7AB

??

??







Limitation of Actions Act 1958
No. 6295 of 1958