• Specific Year
    Any

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:

Navigate