LIMITATION OF ACTIONS ACT 1958
Table of Provisions
- 1 Short title and commencement
- 2 Repeals and savings
- 3 Definitions
PART I--PERIODS OF LIMITATION
Division 1--Application
Division 2--Actions of contract, tort etc.
- 5 Contracts and torts
- 6 Successive conversions of goods
Division 3--Actions to recover land and rent
- 7 No title by adverse possession against Crown
- 7A No title by adverse possession against PTC or Victorian Rail Track
- 7AB No title by adverse possession against water authorities
- 7B No title by adverse possession against Councils
- 7C Adverse possession of common property
- 8 Action to recover land
- 9 Accrual of right of action in case of present interests in land
- 10 Accrual of right of action in case of future interests
- 11 Provisions in case of settled land and land held on trust
- 12 Accrual of right of action in case of forfeiture or breach of condition
- 13 Accrual of right of action in case of certain tenancies
- 14 Right of action not to accrue or continue unless there is adverse possession
- 15 Limitation of redemption actions
- 16 No right of action to be preserved by formal entry or continual claim
- 17 Administration to date back to death
- 18 Extinction of title after expiration of period
- 19 Actions to recover rent
Division 4--Actions to recover money secured by a mortgage or charge
- 20 Actions to recover money secured by a mortgage or charge
Division 5--Actions to recover imposts
- 20A Limitation on proceeding for recovery of tax[1]
- 20B Limitation on recovery of tax or amount attributable to tax
Division 6--Actions in respect of trust property or the personal estate of deceased persons
- 21 Limitation of actions in respect of trust property
- 22 Actions claiming personal estate of a deceased person
PART II--EXTENSION OF LIMITATION PERIODS
Division 1--Disability
- 23 Extension of limitation period in case of disability
Division 2--Personal injuries
Division 2A--Defamation
Division 3--Acknowledgment and part payment
- 24 Fresh accrual of action on acknowledgment or part payment
- 25 Formal provisions as to acknowledgments and part payments
- 26 Effect of acknowledgment or part payment on persons other than the maker or recipient
Division 4--Fraud and mistake
- 27 Postponement of limitation periods in case of fraud or mistake
PART IIA--PERSONAL INJURY ACTIONS
Division 1--Introductory
- 27A Interpretation
- 27B Application
Division 2--Limitation period for personal injury actions
- 27C Application of Division
- 27D Limitation period for personal injury actions—general
- 27E Limitation period for personal injury actions—persons under a disability
- 27F Date cause of action is discoverable
- 27G Application to survivor actions
- 27H Application to Part III Wrongs Act actions
- 27I Special limitation period for minors injured by close relatives or close associates
- 27J Effect of legal incapacity on limitation period
Division 3--Extension of limitation period for personal injury actions
- 27K Extension of limitation periods
- 27L Matters to be considered in determining applications for extension of limitation period
- 27M Effect of expiry of limitation period prior to extension
Division 4--Transitional
Division 5--Actions for personal injury resulting from child abuse
- 27O Application of Division
- 27OA Definitions for this Division
- 27P No limitation period for certain actions
- 27Q No long-stop limitation period for certain actions arising under Part III of the Wrongs Act 1958
- 27QA Action may be brought on previously barred cause of action or previously settled cause of action
- 27QB Application to court to set aside previous judgments
- 27QC Court's powers—set aside previous judgments
- 27QD Application to court to set aside previously settled causes of action
- 27QE Court's powers—previously settled causes of action
- 27QF Recovery of amounts under previous judgment or previous settlement agreement which is set aside
- 27R Interaction with other powers of court
- 27S Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
PART III--GENERAL
- 28 Application of Act to arbitrations
- 29 Applications for foreclosure under Transfer of Land Act 1958
- 30 Provisions as to set-off or counterclaim
- 31 Acquiescence
- 32 Application to the Crown
- 33 Saving
- 34 Abrogation of rule in Weldon v. Neal (1887) 19 Q.B.D. 394
- 35 Provisions as to actions already barred and pending actions
- 36 Supreme Court—limitation of jurisdiction
- 37 Supreme Court—limitation of jurisdiction
- 38 Supreme Court—limitation of jurisdiction
- 38A Supreme Court—limitation of jurisdiction
- 38B Supreme Court—limitation of jurisdiction
- 38C Regulations
- 39 Transitional
- 39A Transitional—2004 amending Act
- 39B Transitional—2023 amending Act
- 40 Saving