LIMITATION OF ACTIONS ACT 1974 - As at 20 September 2023 - Act 75 of 1974

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title
• 2 Commencement
3. (Repealed)
• 5 Interpretation
• 6 Application to Crown
• 7 Saving of other limitations
• 8 Provisions as to actions already barred and pending actions

PART 2 - PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF ACTIONS

• 9 Application
• 10 Actions of contract and tort and certain other actions
• 10AA Defamation actions
• 10AB Defamation actions—single publication rule
• 10A Actions to recover tax
• 11 Actions in respect of personal injury
• 11A No limitation period for actions for child abuse
• 12 Actions in cases of successive conversions and extinction of title of owners of converted goods
• 13 Actions to recover land
• 14 Accrual of right of action in cases of present interests in land
• 15 Accrual of right of action in cases of future interests in land
• 16 Provisions in cases of land held in trust
• 17 Accrual of right of action in cases of forfeiture or breach of condition
• 18 Accrual of right of action in cases of certain tenancies
• 19 Right of action not to accrue or continue unless there is adverse possession
• 20 Redemption actions
• 21 Right of action not preserved by formal entry or continual claim
• 22 Application of limitation as between joint owners
• 23 Administration to date back to death
• 24 Extinction of title after expiration of period of limitation
• 25 Actions to recover rent
• 26 Actions to recover money secured by mortgage or charge or to recover proceeds of the sale of land
• 27 Actions in respect of trust property
• 28 Actions claiming personal estate of a deceased person

PART 3 - EXTENSION OF PERIODS OF LIMITATION

• 29 Extension in cases of disability
• 30 Interpretation
30A. (Repealed)
• 31 Ordinary actions
• 32 Surviving actions
• 32A Defamation actions
• 33 Prior bar ineffective
• 34 Practice
• 35 Fresh accrual of action on acknowledgment or part payment
• 36 Formal provisions as to acknowledgment and part payment
• 37 Effect of acknowledgment or part payment on a person other than the maker or recipient
• 38 Postponement in cases of fraud or mistake
• 39 Costs
• 40 Contribution between tortfeasors

PART 4 - GENERAL

• 41 Application to arbitrations
• 41A Defamation actions—effect of limitation law concerning electronic publications on other laws
• 42 Provisions as to set-off or counterclaim
• 43 Acquiescence
• 43A Characterisation of limitation laws

PART 5 - TRANSITIONAL PROVISIONS

• 44 Transitional provision for Civil Liability (Dust Diseases) and Other Legislation Amendment Act 2005
• 45 Transitional provision for Defamation Act 2005
• 46 Transitional provision for Corrective Services and Other Legislation Amendment Act 2008
• 47 Transitional provision for Civil Liability and Other Legislation Amendment Act 2010
• 48 Transitional provision for Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016
• 49 Transitional provision for Civil Liability and Other Legislation Amendment Act 2019
• 50 Transitional provision for Defamation (Model Provisions) and Other Legislation Amendment Act 2021

PART 6 - (Repealed)

PART 7 - (Repealed)