LIMITATION OF ACTIONS ACT 1936
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 3 Interpretation
PART 1A--Actions for child abuse
PART 2--Proceedings for recovery of land or rent
- 4 Limitation in actions for recovery of rent or land
- 5 Time of accrual of right of action
- 6 Where claimant has been in possession and discontinued possession
- 7 Case where person in possession has died
- 8 Case where land alienated
- 9 Future estates
- 10 Forfeiture or breach of condition
- 11 Where average of forfeiture is not taken by remainder-man
- 12 Mortgage
- 13 Reversioner to have new right
- 14 Administrators
- 15 Where land subject to tenancy at will
- 16 Tenancy from year to year
- 17 Where rent amounting to two dollars reserved by a lease in writing, wrongfully received
- 18 Entry not to be possession
- 19 Continual claim
- 20 Possession of joint tenant
- 21 Effect of acknowledgment by person in possession
- 22 Effect of future estates when estate in possession barred
- 23 Tenants in tail and remainder-men
- 24 Possession adverse to a tenant in tail to run against a remainder-man
- 25 Concealed fraud
- 26 Saving jurisdiction of equity
- 27 Time when mortgagor barred
- 28 Extinction of rights at end of period of limitation
- 29 Receipt of rent to be deemed receipt of profits
- 30 No descent, warranty etc to bar a right of entry
PART 3--Claims for trust property or breach of trust
- 31 Application of Act to express trusts
- 32 Further provisions as to application of Act to trusts
PART 4--Recovery of money charged on land and legacies
- 33 Money charged upon land and legacies
PART 5--Actions on specialty
PART 6--Actions on simple contract and in tort
- 35 Actions on simple contract and in tort
- 36 Personal injuries
- 37 Defamation proceedings generally to be commenced within 1 year
- 37A Defamation proceedings--single publication rule
- 37B Defamation proceedings--extension of limitation period
- 37C Defamation proceedings--effect of limitation law concerning electronic publications on other laws
- 38 Limitation on actions for recovery of money
- 38A Limitation laws are substantive laws
- 39 Absence from State of person liable
- 40 Absence from State of a joint debtor
- 41 Payment by a contractor
- 42 Effect of oral acknowledgment
- 43 Endorsements of payment
- 44 Simple contract debt by way of set-off
PART 7--Miscellaneous
- 45 Persons under legal disability
- 45A Special provision regarding children
- 46 Imprisonment or absence of persons entitled to action
- 46A Extension of period of limitation where cause of action survives
- 47 Extension of certain periods of limitation
- 48 General power to extend periods of limitation
- 49 Other rules of law or equity to be unaffected
- 50 Dispensation with requirement of notice before action
Legislative history
The Parliament of South Australia enacts as
follows: