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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

  • 4 Application of Act  

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

  • 27N 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  

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