Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 5

Contracts and torts

5. Contracts and torts



(1) The following actions shall not be brought after the expiration of six
years from the date on which the cause of action accrued-

   (a)  Subject to subsections (1AAA), (1AA) and (1A), actions founded on
        simple contract (including contract implied in law) or actions founded
        on tort including actions for damages for breach of a statutory duty;



   (b)  Actions to enforce a recognizance;

   (c)  Actions to enforce an award, where the submission is not by an
        instrument under seal;

   (d)  Actions to recover any sum recoverable by virtue of enactment, other
        than a penalty or forfeiture or sum by way of penalty or forfeiture.

(1AAA) An action for defamation must not be brought after the expiration of 1
year from the date of the publication of the matter complained of.

(1AA) Subject to subsection (1A), an action for damages in respect of personal
injuries must not be brought after the expiration of 3 years from the date on
which the cause of action accrued.

(1A) An action for damages for negligence nuisance or breach of duty (whether
the duty exists by virtue of a contract or of provision made by or under a
statute or independently of any contract or any such provision) where the
damages claimed by the plaintiff consist of or include damages in respect of
personal injuries consisting of a disease or disorder contracted by any person
may be brought not more than 3 years from, and the cause of action shall be
taken to have accrued on, the date on which the person first knows-

   (a)  that he has suffered those personal injuries; and

   (b)  that those personal injuries were caused by the act or omission of
        some person.

(1B) Subsection (1A) as amended by the Limitation of Actions (Amendment) Act
1989 applies to each case where the date on which a person first knew the
matters specified in paragraph (a) and (b) of that subsection is within six
years before the commencement of that Act.

(1C) Subsections (1A) and (1B) apply despite anything to the contrary in this
or any other Act.



(2) An action for an account shall not be brought in respect of any matter
which arose more than six years before the commencement of the action.

(3) An action upon a bond or other specialty shall not be brought after the
expiration of fifteen years from the date on which the cause of action
accrued:

Provided that this subsection shall not affect any action for which a shorter
period of limitation is prescribed by any other provision of this Act.

(4) An action shall not be brought upon any judgment after the expiration of
fifteen years from the date on which the judgment became enforceable.

			(5)    (a)	An action to recover any penalty or forfeiture or sum by way of penalty or forfeiture recoverable by virtue of any enactment shall not be brought after the expiration of two years from the date on which the cause of action accrued.


   (b)  In this subsection penalty does not include a fine to which any person
        is liable on conviction of a criminal offence.



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(7) Save as otherwise expressly provided an action shall not be brought to
recover any arrears of interest in respect of any sum of money whether payable
in respect of a specialty, judgment, legacy, mortgage or otherwise, or any
damages in respect of such arrears, after the expiration of six years after
they became due.







(8) This section shall not apply to any claim for specific performance of a
contract or for an injunction or for other equitable relief, except in so far
as any provision thereof may be applied by the Court by analogy in like manner
as the enactment corresponding to that provision was applied before the repeal
of that enactment by the Limitation of Actions Act 1955.

(9) Despite subsection (1C), this section does not apply to an action to which
Part IIA applies.