Western Australian Consolidated 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  
           Compilation table