Limitation of Actions Act 1958 (Vic)
Version No. 111
Limitation of Actions Act 1958
No. 6295 of 1958
Version incorporating amendments as at
25 November 2025
TABLE OF PROVISIONS
Section Page
1Short title and commencement
2Repeals and savings
3Definitions
Part I—Periods of limitation
Division 1—Application
4Application of Act
Division 2—Actions of contract, tort etc.
5Contracts and torts
5ADefamation—single publication rule
5BDefamation—effect of limitation law concerning electronic publications on other laws
6Successive conversions of goods
Division 3—Actions to recover land and rent
7No title by adverse possession against Crown
7ANo title by adverse possession against PTC or Victorian Rail Track
7ABNo title by adverse possession against water authorities
7BNo title by adverse possession against Councils
7CAdverse possession of common property
8Action to recover land
9Accrual of right of action in case of present interests in land
10Accrual of right of action in case of future interests
11Provisions in case of settled land and land held on trust
12Accrual of right of action in case of forfeiture or breach of condition
13Accrual of right of action in case of certain tenancies
14Right of action not to accrue or continue unless there is adverse possession
15Limitation of redemption actions
16No right of action to be preserved by formal entry or continual claim
17Administration to date back to death
18Extinction of title after expiration of period
19Actions to recover rent
Division 4—Actions to recover money secured by a mortgage or charge
20Actions to recover money secured by a mortgage or charge
Division 5—Actions to recover imposts
20ALimitation on proceeding for recovery of tax
20BLimitation on recovery of tax or amount attributable to tax
Division 6—Actions in respect of trust property or the personal estate of deceased persons
21Limitation of actions in respect of trust property
22Actions claiming personal estate of a deceased person
Part II—Extension of limitation periods
Division 1—Disability
23Extension of limitation period in case of disability
Division 2—Personal injuries
23APersonal injuries
Division 2A—Defamation
23BDefamation—extension of limitation period
23CTransitional—Defamation Act 2005
23DTransitional provisions—Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020
Division 3—Acknowledgment and part payment
24Fresh accrual of action on acknowledgment or part payment
25Formal provisions as to acknowledgments and part payments
26Effect of acknowledgment or part payment on persons other than the maker or recipient
Division 4—Fraud and mistake
27Postponement of limitation periods in case of fraud or mistake
Part IIA—Personal injury actions
Division 1—Introductory
27AInterpretation
27BApplication
Division 2—Limitation period for personal injury actions
27CApplication of Division
27DLimitation period for personal injury actions—general
27ELimitation period for personal injury actions—persons under a disability
27FDate cause of action is discoverable
27GApplication to survivor actions
27HApplication to Part III Wrongs Act actions
27ISpecial limitation period for minors injured by close relatives or close associates
27JEffect of legal incapacity on limitation period
Division 3—Extension of limitation period for personal injury actions
27KExtension of limitation periods
27LMatters to be considered in determining applications for extension of limitation period
27MEffect of expiry of limitation period prior to extension
Division 4—Transitional
27NTransitional
Division 5—Actions for personal injury resulting from child abuse
27OApplication of Division
27OADefinitions for this Division
27PNo limitation period for certain actions
27QNo long-stop limitation period for certain actions arising under Part III of the Wrongs Act 1958
27QAAction may be brought on previously barred cause of action or previously settled cause of action
27QBApplication to court to set aside previous judgments
27QCCourt's powers—set aside previous judgments
27QDApplication to court to set aside previously settled causes of action
27QECourt's powers—previously settled causes of action
27QFRecovery of amounts under previous judgment or previous settlement agreement which is set aside
27RInteraction with other powers of court
27STransitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
Part III—General
28Application of Act to arbitrations
29Applications for foreclosure under Transfer of Land Act 1958
30Provisions as to set-off or counterclaim
31Acquiescence
32Application to the Crown
33Saving
34Abrogation of rule in Weldon v. Neal (1887) 19 Q.B.D. 394
35Provisions as to actions already barred and pending actions
36Supreme Court—limitation of jurisdiction
37Supreme Court—limitation of jurisdiction
38Supreme Court—limitation of jurisdiction
38ASupreme Court—limitation of jurisdiction
38BSupreme Court—limitation of jurisdiction
38CRegulations
39Transitional
39ATransitional—2004 amending Act
39BTransitional—2023 amending Act
40Saving
41Transitional provision—State Taxation Further Amendment Act 2025
Schedule
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 111
Limitation of Actions Act 1958
No. 6295 of 1958
Version incorporating amendments as at
25 November 2025
An Act to consolidate the Law relating to the Limitation of Time for commencing Actions and Arbitrations.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1Short title and commencement
This Act may be cited as the Limitation of Actions Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2Repeals and savings
(1)The Acts mentioned in the Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.
(2)Except as in this Act expressly or by necessary implication provided—
(a)all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under either of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;
(b)in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuing of status operation or effect of any proceeding order award disability interest claim postponement arbitration notice determination acknowledgment submission consent liability or right made effected issued granted given presented fixed accrued incurred or acquired or existing or continuing by or under either of such Acts before the commencement of this Act.
3Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
action includes any proceeding in a court of law or in VCAT;
arbitration agreement has the same meaning as in the Commercial Arbitration Act 2011;
land includes corporeal hereditaments and rentcharges and any legal or equitable estate or interest therein including an interest in the proceeds of the sale of land held upon trust for sale, but save as aforesaid does not include any incorporeal hereditament;
personal estate and personal property do not include chattels real;
personal injuries includes any disease and any impairment of a person's physical or mental condition;
rent includes a rentcharge and a rentservice;
rentcharge means any annuity or periodical sum of money charged upon or payable out of land, except a rentservice or interest on a mortgage on land;
settled landstatutory owner tenant for life and terms of years absolute have the same meanings respectively as in the Settled Land Act 1958;
* * * * *
trusttrustee and trust for sale have the same meaning respectively as in the Trustee Act 1958.
(2)For the purposes of this Act a person shall be deemed to be under a disability while he is a minor or of unsound mind.
(3)Without limiting the meaning of unsound mind, a person is conclusively presumed tobe of unsound mind if the person is a represented person within the meaning of the Guardianship and Administration Act 2019.
(4)A person shall be deemed to claim through another person if he became entitled by, through, under, or by the act of that other person to the right claimed:
Provided that a person becoming entitled to any estate or interest by virtue of a special power of appointment shall not be deemed to claim through the appointor.
(5)References in this Act to a right of action to recover land shall include references to a right to enter into possession of the land; and references to the bringing of such an action shall include references to the making of such an entry.
(6)References in this Act to the possession of land shall, in the case of rentcharges, be construed as references to the receipt of the rent; and references to the date of dispossession or discontinuance of possession of land shall, in the case of rentcharges, be construed as references to the date of the last receipt of rent.
(7)In Part II of this Act references to a right of action shall include references to a cause of action and to a right to receive money secured by a mortgage or charge on any property or to recover proceeds of the sale of land, and to a right to receive a share or interest in the personal estate of a deceased person; and references to the date of the accrual of a right of action shall—
(a)in the case of an action for an account be construed as references to the date on which an account is claimed;
(b)in the case of an action upon a judgment be construed as references to the date on which the judgment became enforceable;
(c)in the case of an action to recover arrears of rent or interest or damages in respect thereof be construed as references to the date on which the rent or interest became due.
PART I—PERIODS OF LIMITATION
Division 1—Application
4Application of Act
The provisions of this Part have effect subject to the provisions of Part II.
Division 2—Actions of contract, tort etc.
5Contracts and torts
(1)The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued—
(a)Subject to subsections (1AAA), (1AA) and (1A), actions founded on simple contract (including contract implied in law) or actions founded on tort including actions for damages for breach of a statutory duty;
(b)Actions to enforce a recognizance;
(c)Actions to enforce an award, where the submission is not by an instrument under seal;
(d)Actions to recover any sum recoverable by virtue of enactment, other than a penalty or forfeiture or sum by way of penalty or forfeiture.
(1AAA)An action for defamation must not be brought after the expiration of 1 year from the date of the publication of the matter complained of.
(1AAB)The 1-year limitation period referred to in subsection (1AAA) is taken to have been extended as provided by subsection (1AAC) if a concerns notice is given to the proposed defendant on a day (the notice day) within the period of 56 days before the limitation period expires.
(1AAC)The limitation period is extended for an additional period of 56 days minus any days remaining after the notice day until the 1‑year limitation period expires.
Example
Assume a concerns notice is given 7 days before the limitation period expires. This means that there are 6 days left after the notice day before the period expires. Consequently, this subsection would operate to extend the limitation period by 56 minus 6 days, that is, 50 days.
(1AAD)In subsections (1AAB) and (1AAC)—
concerns notice has the same meaning as in the Defamation Act 2005;
date of publication, in relation to the publication of matter in electronic form, means the day on which the matter was first uploaded for access or sent electronically to a recipient.
(1AA)Subject to subsection (1A), an action for damages in respect of personal injuries must not be brought after the expiration of 3 years from the date on which the cause of action accrued.
(1A)An action for damages for negligence nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff consist of or include damages in respect of personal injuries consisting of a disease or disorder contracted by any person may be brought not more than 3 years from, and the cause of action shall be taken to have accrued on, the date on which the person first knows—
(a)that he has suffered those personal injuries; and
(b)that those personal injuries were caused by the act or omission of some person.
(1B)Subsection (1A) as amended by the Limitation of Actions (Amendment) Act 1989 applies to each case where the date on which a person first knew the matters specified in paragraph (a) and (b) of that subsection is within six years before the commencement of that Act.
(1C)Subsections (1A) and (1B) apply despite anything to the contrary in this or any other Act.
(2)An action for an account shall not be brought in respect of any matter which arose more than six years before the commencement of the action.
(3)An action upon a bond or other specialty shall not be brought after the expiration of fifteen years from the date on which the cause of action accrued:
Provided that this subsection shall not affect any action for which a shorter period of limitation is prescribed by any other provision of this Act.
(4)An action shall not be brought upon any judgment after the expiration of fifteen years from the date on which the judgment became enforceable.
(5)(a) An action to recover any penalty or forfeiture or sum by way of penalty or forfeiture recoverable by virtue of any enactment shall not be brought after the expiration of two years from the date on which the cause of action accrued.
(b)In this subsection penalty does not include a fine to which any person is liable on conviction of a criminal offence.
* * * * *
(7)Save as otherwise expressly provided an action shall not be brought to recover any arrears of interest in respect of any sum of money whether payable in respect of a specialty, judgment, legacy, mortgage or otherwise, or any damages in respect of such arrears, after the expiration of six years after they became due.
(8)This section shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief, except in so far as any provision thereof may be applied by the Court by analogy in like manner as the enactment corresponding to that provision was applied before the repeal of that enactment by the Limitation of Actions Act 1955.
(9)Despite subsection (1C), this section does not apply to an action to which Part IIA applies.
5ADefamation—single publication rule
(1)This section applies if—
(a)a person (the first publisher) publishes matter to the public that is alleged to be defamatory (the first publication); and
(b)the first publisher or an associate of the first publisher subsequently publishes (whether or not to the public) matter that is substantially the same.
(2)Any cause of action for defamation against the first publisher or an associate of the first publisher in respect of the subsequent publication is to be treated as having accrued on the date of the first publication for the purposes of determining when—
(a)the limitation period applicable under section 5(1AAA) to (1AAC) begins; or
(b)the 3-year period referred to in section 23B(2) begins.
Note
For extensions of time, see Division 2A of Part II.
(3)Subsection (2) does not apply in relation to the subsequent publication if the manner of that publication is materially different from the manner of the first publication.
(4)In determining whether the manner of a subsequent publication is materially different from the manner of the first publication, the considerations to which the court may have regard include (but are not limited to)—
(a)the level of prominence that a matter is given; and
(b)the extent of the subsequent publication.
(5)This section does not limit the power of a court under section 23B to extend the limitation period applicable under section 5(1AAA) to (1AAC).
(6)In this section—
associate of a first publisher means—
(a)an employee of the publisher; or
(b)a person publishing matter as a contractor of the publisher; or
(c)an associated entity (within the meaning of section 50AAA of the Corporations Act) of the publisher (or an employee or contractor of the associated entity);
date of first publication, in relation to the publication of matter in electronic form, means the day on which the matter was first uploaded for access or sent electronically to a recipient;
public includes a section of the public.
5BDefamation—effect of limitation law concerning electronic publications on other laws
(1)This section applies in respect of any requirement under section 5(1AAA) to (1AAC) or 5A for the date of publication of a matter in electronic form to be determined by reference to the day on which the matter was first uploaded for access or sent electronically to a recipient.
(2)A requirement to which this section applies is relevant only for the purpose of determining when a limitation period begins and for no other purpose.
(3)Without limiting subsection (2), a requirement to which this section applies is not relevant for—
(a)establishing whether there is a cause of action for defamation; or
(b)the choice of law to be applied for a cause of action for defamation.
6Successive conversions of goods
(1)Where—
(a)any cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person; and
(b)before he recovers possession of the chattel, a further conversion or wrongful detention takes place—
no action shall be brought in respect of the further conversion or detention after the expiration of six years from the accrual of the cause of action in respect of the original conversion or detention.
(2)Where—
(a)any such cause of action has accrued to any person; and
(b)the period prescribed for bringing that action and for bringing any action in respect of such a further conversion or wrongful detention as aforesaid has expired; and
(c)he has not during that period recovered possession of the chattel—
his title to the chattel shall be extinguished.
Division 3—Actions to recover land and rent
7No title by adverse possession against Crown
Notwithstanding any law or enactment now or heretofore in force in Victoria, the right title or interest of the Crown to or in any land shall not be and shall be deemed not to have been in any way affected by reason of any possession of such land adverse to the Crown, whether such possession has or has not exceeded sixty years.
7ANo title by adverse possession against PTC or Victorian Rail Track
Despite any rule of law or provision made by or under this or any other Act but without limiting section 7, the right, title or interest of Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010 to or in any land is not, and must be taken never to have been, affected by reason only of any possession of that land adverse to Victorian Rail Track, irrespective of the period of that possession.
7ABNo title by adverse possession against water authorities
Despite any rule of law or provision made by or under this or any other Act, but without limiting section 7, the right, title or interest of an Authority, within the meaning of the Water Act 1989 to or in any land is not affected by any possession of that land adverse to the Authority irrespective of the period of that possession.
7BNo title by adverse possession against Councils
(1)Despite any rule of law or provision made by or under this or any other Act, but without limiting section 7, the title of a Council to council land is not affected by reason only of any possession of that land adverse to the Council, irrespective of the period of that possession.
(2)This section does not apply to a possession of council land adverse to a Council if—
(a)an application for title to all or part of that council land based on that adverse possession is made to the Registrar before, or within 12 months after, this section commences; and
(b)that adverse possession is for more than 15 years.
(3)In this section—
Council has the same meaning as in the Local Government Act 2020;
council land means land of which a Council is a registered proprietor under the Transfer of Land Act 1958;
registered proprietor and Registrar have the same meanings as in the Transfer of Land Act 1958.
7CAdverse possession of common property
(1)Despite any rule of law or provision made by or under this or any other Act but without limiting section 7, the right, title and interest of an owners corporation, or an owner of a lot affected by the owners corporation, in land which is common property affected by the owners corporation is not affected by reason only of any possession of that land adverse to the owners corporation or the lot owner by another owner of a lot affected by the owners corporation, irrespective of the period of that possession.
(2)Words and expressions used in this section have the same meanings as they have in the Owners Corporations Act 2006.
8Action to recover land
No action shall be brought by any person to recover any land after the expiration of fifteen years from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, to that person:
Provided that if the right of action first accrued to the Crown the action may be brought at any time before the expiration of fifteen years from the date on which the right of action accrued to some person other than the Crown.
9Accrual of right of action in case of present interests in land
(1)Where the person bringing an action to recover land or some person through whom he claims—
(a)has been in possession thereof; and
(b)has while entitled thereto been dispossessed or discontinued his possession—
the right of action shall be deemed to have accrued on the date of the dispossession or discontinuance.
(2)Where—
(a)any person brings an action to recover any land of a deceased person, whether under a will or on intestacy; and
(b)the deceased person was on the date of his death in possession of the land, or, in the case of a rentcharge created by will or taking effect upon his death, in possession of the land charged, and was the last person entitled to the land to be in possession thereof—
the right of action shall be deemed to have accrued on the date of his death.
(3)Where—
(a)any person brings an action to recover land, being an estate or interest in possession assured otherwise than by will to him or to some person through whom he claims by a person who at the date when the assurance took effect was in possession of the land or, in the case of a rentcharge created by the assurance, in possession of the land charged; and
(b)no person has been in possession of the land by virtue of the assurance—
the right of action shall be deemed to have accrued on the date when the assurance took effect.
10Accrual of right of action in case of future interests
(1)Subject as hereafter in this section provided, the right of action to recover land shall, in a case where—
(a)the estate or interest claimed was an estate or interest in reversion or remainder or any other future estate or interest; and
(b)no person has taken possession of the land by virtue of the estate or interest claimed—
be deemed to have accrued on the date on which the estate or interest became an estate or interest in possession.
(2)If the person entitled to the preceding estate or interest, not being a term of years absolute, was not in possession of the land on the date of the determination thereof, no action shall be brought by the person entitled to the succeeding estate or interest after the expiration of fifteen years from the date on which the right of action accrued to the person entitled to the preceding estate or interest, or six years from the date on which the right of action accrued to the person entitled to the succeeding estate or interest, whichever period last expires.
(3)No person shall bring an action to recover any estate or interest in land under an assurance taking effect after the right of action to recover the land had accrued to the person by whom the assurance was made or some person through whom he claimed or some person entitled to a preceding estate or interest, unless the action is brought within the period during which the person by whom the assurance was made could have brought such an action.
(4)Where any person—
(a)is entitled to any estate or interest in land in possession; and
(b)while so entitled, is also entitled to any future estate or interest in that land, and his right to recover the estate or interest in possession is barred under this Act—
no action shall be brought by that person, or by any person claiming through him, in respect of the future estate or interest unless in the meantime possession of the land has been recovered by a person entitled to an intermediate estate or interest.
11Provisions in case of settled land and land held on trust
(1)Subject to the provisions of subsection (1) of section twenty-one of this Act, the provisions of this Act shall apply to equitable interests in land, including interests in the proceeds of the sale of land held upon trust for sale, in like manner as they apply to legal estates; and accordingly a right of action to recover the land shall, for the purposes of this Act but not otherwise, be deemed to accrue to a person entitled in possession to such an equitable interest in the like manner and circumstances and on the same date as it would accrue if his interest were a legal estate in the land.
(2)Where the period prescribed by this Act has expired for the bringing of an action to recover land by a tenant for life or a statutory owner of settled land, his legal estate shall not be extinguished so long as the right of action to recover the land of any person entitled to a beneficial interest in the land either has not accrued or has not been barred by this Act; and the legal estate shall accordingly remain vested in the tenant for life or statutory owner and shall devolve in accordance with the Settled Land Act 1958; but when every such right of action as aforesaid has been barred by this Act the said legal estate shall be extinguished.
(3)Where—
(a)any land is held upon trust including a trust for sale; and
(b)the period prescribed by this Act for the bringing of an action to recover the land by the trustees has expired—
the estate of the trustees shall not be extinguished so long as the right of action to recover the land of any person entitled to a beneficial interest in the land or in the proceeds of sale either has not accrued or has not been barred by this Act; but when every such right of action has been so barred the estate of the trustees shall be extinguished.
(4)Where any settled land is vested in a statutory owner or any land is held upon trust including a trust for sale, an action to recover the land may be brought by the statutory owner or trustees on behalf of any person entitled to a beneficial interest in possession in the land or in the proceeds of sale whose right of action has not been barred by this Act notwithstanding that the right of action of the statutory owner or trustees would apart from this provision have been barred by this Act.
(5)Where any settled land or any land held on trust for sale is in the possession of a person entitled to a beneficial interest in the land or in the proceeds of sale, not being a person solely and absolutely entitled thereto, no right of action to recover the land shall be deemed for the purposes of this Act to accrue during such possession to any person in whom the land is vested as tenant for life statutory owner or trustee, or to any other person entitled to a beneficial interest in the land or the proceeds of sale.
12Accrual of right of action in case of forfeiture or breach of condition
A right of action to recover land by virtue of a forfeiture or breach of condition shall be deemed to have accrued on the date on which the forfeiture was incurred or the condition broken:
Provided that if such a right has accrued to a person entitled to an estate or interest in reversion or remainder and the land was not recovered by virtue thereof, the right of action to recover the land shall not be deemed to have accrued to that person until his estate or interest fell into possession as if no such forfeiture or breach of condition had occurred.
13Accrual of right of action in case of certain tenancies
(1)A tenancy at will shall for the purposes of this Act be deemed to be determined at the expiration of a period of one year from the commencement thereof unless it has previously been determined, and accordingly the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued on the date of such determination.
(2)A tenancy from year to year or other period without a lease in writing shall for the purposes of this Act be deemed to be determined at the expiration of the first year or other period; and accordingly the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued at the date of such determination:
Provided that where any rent has subsequently been received in respect of the tenancy the right of action shall be deemed to have accrued on the date of the last receipt of rent.
(3)Where—
(a)any person is in possession of land by virtue of a lease in writing by which a rent amounting to the yearly sum of not less than $2 is reserved; and
(b)the rent is received by some person wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease; and
(c)no rent is subsequently received by the person rightfully so entitled—
the right of action of the last-named person to recover the land shall be deemed to have accrued at the date when the rent was first received by the person wrongfully claiming as aforesaid and not at the date of the determination of the lease.
14Right of action not to accrue or continue unless there is adverse possession
(1)No right of action to recover land shall be deemed to accrue unless the land is in the possession of some person in whose favour the period of limitation can run (hereafter in this section referred to as "adverse possession"); and where under the foregoing provisions of this Act any such right of action is deemed to accrue on a certain date and no person is in adverse possession on that date the right of action shall not be deemed to accrue until adverse possession is taken of the land.
(2)Where a right of action to recover the land has accrued and thereafter before the right is barred the land ceases to be in adverse possession, the right of action shall no longer be deemed to have accrued and no fresh right of action be deemed to accrue until the land is again taken into adverse possession.
(3)For the purposes of this section—
(a)possession of any land subject to a rentcharge by a person (other than the person entitled to the rentcharge) who does not pay the rent shall be deemed to be adverse possession of the rentcharge;
(b)receipt of rent under a lease by a person wrongfully claiming, in accordance with subsection (3) of the last preceding section, the land in reversion shall be deemed to be adverse possession of the land.
(4)When any one or more of several persons entitled to any land or rent as joint tenants or tenants in common have been in possession or receipt of the entirety or more than his or their undivided share or shares of such land or of the profits thereof or of such rent for his or their own benefit or for the benefit of any person or persons other than the person or persons entitled to the other share or shares of the same land or rent, such possession or receipt shall not be deemed to have been the possession or receipt of or by such last-mentioned person or persons or any of them but shall be deemed to be adverse possession of the land.
15Limitation of redemption actions
When the mortgagee of land has been in possession of any of the mortgaged land for a period of fifteen years no action to redeem or to compel discharge of the mortgage of the land of which the mortgagee has been in possession shall thereafter be brought by the mortgagor or any person claiming through him.
16No right of action to be preserved by formal entry or continual claim
For the purposes of this Act no person shall be deemed to have been in possession of any land by reason only of having made a formal entry thereon, and no continual or other claim upon or near any land shall preserve any right of action to recover the land.
17Administration to date back to death
For the purposes of the provisions of this Act relating to actions for the recovery of land an administrator of the estate of a deceased person shall be deemed to claim as if there had been no interval of time between the death of the deceased person and the grant of the letters of administration.
18Extinction of title after expiration of period
Subject to the provisions of section eleven of this Act, at the expiration of the period prescribed by this Act for any person to bring an action to recover land (including a redemption action or an action to compel discharge of a mortgage) the title of that person to the land shall be extinguished.
19Actions to recover rent
No action shall be brought to recover arrears of rent or damages in respect thereof after the expiration of six years from the date on which the arrears became due.
Division 4—Actions to recover money secured by a mortgage or charge
20Actions to recover money secured by a mortgage or charge
(1)No action shall be brought to recover any principal sum of money secured by a mortgage or other charge on property, whether real or personal, after the expiration of fifteen years from the date when the right to receive the money accrued, notwithstanding that the money is by any Act or instrument expressed to be a charge until paid.
(2)No foreclosure action in respect of mortgaged personal property shall be brought after the expiration of fifteen years from the date on which the right to foreclose accrued:
Provided that if after that date the mortgagee was in possession of the mortgaged property the right to foreclose on the property which was in his possession shall not, for the purpose of this subsection, be deemed to have accrued until the date on which his possession discontinued.
(3)The right to receive any principal sum of money secured by a mortgage or other charge and the right to foreclose on the property subject to the mortgage or charge shall not be deemed to accrue so long as that property comprises any future interest or any life insurance policy which has not matured or been determined.
(4)Nothing in this section shall apply to—
(a)a foreclosure action in respect of mortgaged land, but the provisions of this Act relating to actions to recover land shall apply to such an action; or
(b)the recovery by any statutory authority of any rates or other moneys which by any Act are and until paid remain a charge on land.
(5)Notwithstanding anything in subsection (7) of section five of this Act—
(a)where a prior mortgagee or other incumbrancer has been in possession of the property charged and an action is brought within one year of the discontinuance of such possession by the subsequent incumbrancer, the subsequent incumbrancer may recover by that action all the arrears of interest which fell due during the period of possession by the prior incumbrancer or damages in respect thereof notwithstanding that the period exceeded six years; and
(b)where property subject to a mortgage or charge comprises any future interest or life insurance policy and it is a term of the mortgage or charge that arrears of interest shall be treated as part of the principal sum of money secured by the mortgage or charge, interest shall not be deemed to become due before the right to receive the principal sum of money has accrued or is deemed to have accrued.
Division 5—Actions to recover imposts
20ALimitation on proceeding for recovery of tax[1]
(1)Subject to subsection (2), a proceeding for the recovery of money paid by way of tax or purported tax or by way of an amount that is attributable to tax or purported tax under a mistake (either of law or of fact) or under colour of authority must be commenced—
(a)within 12 months after the date of payment; or
(b)in the case of a proceeding in accordance with another Act that provides for the refund or recovery of the money within a longer period, within that longer period.
(2)Despite anything to the contrary in any other Act, if money paid by way of tax or purported tax or by way of an amount that is attributable to tax or purported tax is recoverable because of the invalidity of a law or provision of a law, a proceeding for the recovery of that money must (whether the payment was made voluntarily or under compulsion) be commenced within 12 months after the date of payment.
(2A)Subsections (1) and (2) apply to a proceeding between parties of any kind.
(3)Subsection (2) does not apply to a proceeding for the recovery of money that, assuming that the law or provision of a law imposing or purporting to impose the tax had been valid, would nevertheless have represented an overpayment of tax or of an amount that is attributable to tax, if that law provides for the refund or recovery of the money within a period longer than 12 months after the date of the payment.
(4)An order may not be made under this or any other Act enabling or permitting a proceeding to which subsection (2) applies to be commenced after the expiration of the period referred to in that subsection.
(5)In this section—
law means—
(a)an Act; or
(b)a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984; or
(c)any other instrument that—
(i)applies as a law of Victoria; or
(ii)is made under, and is enforceable in accordance with, the provisions of an Act or of an instrument referred to in paragraph (b) or subparagraph (i);
proceeding includes—
(a)seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; or
(b)seeking any order under the Administrative Law Act 1978;
tax includes fee, charge or other impost.
20BLimitation on recovery of tax or amount attributable to tax
(1)A proceeding to which this section applies is only maintainable to the extent that the person bringing the proceeding (the claimant) satisfies the court that recovery of the money would not result in a windfall gain to the claimant.
(2)For the purposes of subsection (1), recovery of money would not result in a windfall gain to the claimant if—
(a)the claimant has not charged to, or recovered from, and will not charge to or recover from, any other person an amount in respect of that money, whether or not that amount was itemised or otherwise separately identified in any invoice or other document issued by the claimant; or
(b)the claimant has reimbursed, or has entered into an unconditional and enforceable agreement to reimburse, each other person to whom the claimant has charged, or from whom the claimant has recovered, an amount in respect of that money.
(3)This section applies to—
(a)a proceeding between parties of any kind for the recovery of money paid by way of—
(i)tax or purported tax; or
(ii)an amount that is attributable to tax or purported tax—
under a mistake (either of law or of fact) or under colour of authority; or
(b)a proceeding between parties of any kind for the recovery of money so paid that is recoverable because of the invalidity of a law or provision of a law.
(4)In this section—
claimant includes a predecessor or successor of a claimant;
law means—
(a)an Act; or
(b)a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984; or
(c)any other instrument that—
(i)applies as a law of Victoria; or
(ii)is made under, and is enforceable in accordance with, the provisions of an Act or of an instrument referred to in paragraph (b) or subparagraph (i);
proceeding includes—
(a)seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; or
(b)seeking any order under the Administrative Law Act 1978;
tax includes fee, charge or other impost.
Division 6—Actions in respect of trust property or the personal estate of deceased persons
21Limitation of actions in respect of trust property
(1)No period of limitation prescribed by this Act shall apply to an action by a beneficiary under a trust, being an action—
(a)in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy; or
(b)to recover from the trustee trust property or the proceeds thereof in the possession of the trustee, or previously received by the trustee and converted to his use.
(2)Subject as aforesaid, an action by a beneficiary to recover trust property or in respect of any breach of trust, not being an action for which a period of limitation is prescribed by any other provision of this Act, shall not be brought after the expiration of six years from the date on which the right of action accrued:
Provided that the right of action shall not be deemed to have accrued to any beneficiary entitled to a future interest in the trust property until the interest fell into possession.
(3)No beneficiary as against whom there would be a good defence under this Act shall derive any greater or other benefit from a judgment or order obtained by any other beneficiary than he could have obtained if he had brought the action and this Act had been pleaded in defence.
22Actions claiming personal estate of a deceased person
Subject to the provisions of subsection (1) of the last preceding section no action in respect of any claim to the personal estate of a deceased person or to any share or interest in such estate, whether under a will or on intestacy, shall be brought after the expiration of fifteen years from the date when the right to receive the share or interest accrued.
PART II—EXTENSION OF LIMITATION PERIODS
Division 1—Disability
23Extension of limitation period in case of disability
(1)If on the date when any right of action accrued for which a period of limitation is prescribed by this Act the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of six years, or in the case of any action for which a less number of years is prescribed by this Act (except under section 5(1AA) or (1A)) as the period of limitation then such less number of years, from the date when the person ceased to be under a disability or died whichever event first occurred notwithstanding that the period of limitation has expired:
Provided that—
(a)this subsection shall not affect any case where the right of action first accrued to some person (not under a disability) through whom the person under a disability claims;
(b)when a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person;
(c)no action to recover land or money charged on land shall be brought by virtue of this subsection by any person after the expiration of thirty years from the date on which the right of action accrued to that person or some person through whom he claims;
(d)this subsection shall not apply to any action to recover a penalty or forfeiture, or sum by way thereof, by virtue of any enactment, except where the action is brought by an aggrieved party.
* * * * *
(1A)Subsection (1) does not apply to a right of action to which Part IIA applies.
(2)Any time during which it was not reasonably practicable for a person to commence any action by reason of any war or circumstances arising out of any war in which the Commonwealth of Australia is or was engaged shall be excluded in computing the period prescribed by this Act for the commencement of that action; and the said period shall not be deemed to expire before the end of twelve months from the date when it became reasonably practicable to commence the action.
Division 2—Personal injuries
23APersonal injuries
(1)This section applies to any action for damages for negligence nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provision) where the damages claimed consist of or include damages in respect of personal injuries to any person.
(2)Where an application is made to a court by a person claiming to have a cause of action to which this section applies, the court, subject to subsection (3) and after hearing such of the persons likely to be affected by that application as it sees fit, may, if it decides that it is just and reasonable so to do, order that the period within which an action on the cause of action may be brought be extended for such period as it determines.
(3)In exercising the powers conferred on it by subsection (2) a court shall have regard to all the circumstances of the case including (without derogating from the generality of the foregoing) the following—
(a)the length of and reasons for the delay on the part of the plaintiff;
(b)the extent to which, having regard to the delay, there is or is likely to be prejudice to the defendant;
(c)the extent, if any, to which the defendant had taken steps to make available to the plaintiff means of ascertaining facts which were or might be relevant to the cause of action of the plaintiff against the defendant;
(d)the duration of any disability of the plaintiff arising on or after the date of the accrual of the cause of action;
(e)the extent to which the plaintiff acted promptly and reasonably once he knew that the act or omission of the defendant, to which the injury of the plaintiff was attributable, might be capable at that time of giving rise to an action for damages;
(f)the steps, if any, taken by the plaintiff to obtain medical, legal or other expert advice and the nature of any such advice he may have received.
(4)The powers conferred on a court by subsection (2) may be exercised at any time notwithstanding—
(a)that—
(i)in the case of an action to which section 5(1AA) or (1A) applies (not being an action to which section 23(1) applies), more than 3 years has expired since the cause of action accrued; and
(ii)in any other case more than 6 years has expired since the cause of action accrued; or
(b)that an action in respect of such personal injuries has been commenced.
(5)An application under this section shall be made by summons in the jurisdiction in which an action has been or is proposed to be brought and a copy of that summons shall be served on each person against whom the claimant claims to have the cause of action, provided that the Supreme Court may give leave to bring an action in any court which seems to it appropriate.
(6)Except as provided by section 27M(2), this section does not apply to an action to which Part IIA applies.
Division 2A—Defamation
23BDefamation—extension of limitation period
(1)A person claiming to have a cause of action for defamation may apply to a court for an order extending the limitation period for the cause of action.
(2)The court may extend the limitation period applicable under section 5(1AAA) to (1AAC) to a period of up to 3 years running from the date of the alleged publication of the matter if the plaintiff satisfies the court that it is just and reasonable to allow an action to proceed.
(3)In determining whether to extend the limitation period, the court is to have regard to all of the circumstances of the case and in particular to—
(a)the length of, and the reasons for, the plaintiff's delay; and
(b)if a reason for the delay was that some or all of the facts relevant to the cause of action became known to the plaintiff after the limitation period expired—
(i)the day on which the facts became known to the plaintiff; and
(ii)the extent to which the plaintiff acted promptly and reasonably once the plaintiff knew whether or not the facts might be capable of giving rise to an action; and
(c)the extent, having regard to the delay, to which relevant evidence is likely to be unavailable or less cogent than if the action had been brought within the limitation period.
(4)If a court orders the extension of a period of limitation applicable to a cause of action under this section, that period of limitation is accordingly extended for the purposes of an action brought by the applicant in that court on the cause of action that the applicant claims to have.
(5)An order for the extension of a limitation period, and an application for such an order, may be made under this section even though the limitation period has already expired.
23CTransitional—Defamation Act 2005
(1)In this section—
existing law of defamation has the same meaning as in section 46 of the Defamation Act 2005;
existing limitation law means the provisions of this Act that applied in relation to the limitation period for defamation actions immediately before the commencement of the Defamation Act 2005;
new limitation law means sections 5(1AAA) and 23B as inserted by the Defamation Act2005.
(2)The new limitation law applies to the publication of any defamatory matter to which the Defamation Act 2005 applies.
(3)The existing limitation law continues to apply to any cause of action to which the existing law of defamation continues to apply by force of section 46 of the Defamation Act 2005.
23DTransitional provisions—Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020
(1)Section 5 as amended by the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 applies in relation to the publication of defamatory matter after the commencement of that amendment.
(2)Subject to subsection (3), section 5A as inserted by the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 applies in relation to the publication of defamatory matter after the commencement of that section.
(3)Section 5A extends to a first publication before the commencement of that section, but only in respect of subsequent publications after the commencement.
(4)Section 23B as amended by the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 applies in relation to the publication of defamatory matter after the commencement of that amendment.
Division 3—Acknowledgment and part payment
24Fresh accrual of action on acknowledgment or part payment
(1)Where there has accrued any right of action (including a foreclosure action) to recover land or any right of a mortgagee of personal property to bring a foreclosure action in respect of the property, and—
(a)the person in possession of the land or personal property acknowledges the title of the person to whom the right of action has accrued; or
(b)in the case of a foreclosure or other action by a mortgagee, the person in possession as aforesaid or the person liable for the mortgage debt makes any payment in respect thereof, whether of principal or interest—
the right shall be deemed to have accrued on and not before the date of the acknowledgment or payment.
(2)Where a mortgagee—
(a)is by virtue of the mortgage in possession of any mortgaged land; and
(b)either receives any sum in respect of the principal or interest of the mortgage debt or acknowledges the title of the mortgagor or his equity of redemption or right to discharge of the mortgage—
an action to redeem or to compel discharge of the mortgage of the land in his possession may be brought at any time before the expiration of fifteen years from the date of the payment or acknowledgment.
(3)Where—
(a)any right of action has accrued to recover any debt or other liquidated pecuniary claim or any claim to the personal estate of a deceased person or to any share or interest therein; and
(b)the person liable or accountable therefor acknowledges the claim or makes any payment in respect thereof—
the right shall be deemed to have accrued on and not before the date of the acknowledgment or the last payment:
Provided that a payment of a part of the rent or interest due at any time shall not extend the period for claiming the remainder then due, but any payment of interest shall be treated as a payment in respect of the principal debt.
25Formal provisions as to acknowledgments and part payments
(1)Every such acknowledgment as aforesaid shall be in writing and signed by the person making the acknowledgment.
(2)Any such acknowledgment or payment as aforesaid may be made by the agent of the person by whom it is required to be made under the last preceding section, and shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made.
26Effect of acknowledgment or part payment on persons other than the maker or recipient
(1)An acknowledgment of the title to any land or mortgaged personalty by any person in possession thereof shall bind all other persons in possession during the ensuing period of limitation.
(2)A payment in respect of a mortgage debt by the mortgagor or any person in possession of the mortgaged property shall, so far as any right of the mortgagee to foreclose or otherwise to recover the property is concerned, bind all other persons in possession of the mortgaged property during the ensuing period of limitation.
(3)Where two or more mortgagees are by virtue of the mortgage in possession of the mortgaged land, an acknowledgment of the mortgagor's title or of his equity of redemption or right to discharge of the mortgage by one of the mortgagees shall only bind him and his successors and shall not bind any other mortgagee or his successors; and where the mortgagee by whom the acknowledgment is given is entitled to a part of the mortgaged land and not to any ascertained part of the mortgage debt, the mortgagor shall be entitled to redeem or to compel discharge of the mortgage of that part of the land on payment, with interest, of the part of the mortgage debt which bears the same proportion to the whole of the debt as the value of the part of the land bears to the whole of the mortgaged land.
(4)Where there are two or more mortgagors and the title or right to redemption or to discharge of the mortgage of one of the mortgagors is acknowledged as aforesaid the acknowledgment shall be deemed to have been made to all mortgagors.
(5)An acknowledgment of any debt or other liquidated pecuniary claim shall bind the acknowledgor and his successors but not any other person:
Provided that an acknowledgment made after the expiration of the period of limitation prescribed for the bringing of an action to recover the debt or other claim shall not bind any successor on whom the liability devolves on the determination of a preceding estate or interest in property under a settlement taking effect before the date of the acknowledgment.
(6)A payment made in respect of any debt or other liquidated pecuniary claim shall bind all persons liable in respect thereof:
Provided that a payment made after the expiration of the period of limitation prescribed for the bringing of an action to recover the debt or other claim shall not bind any person other than the person making the payment and his successors, and shall not bind any successor on whom the liability devolved on the determination of a preceding estate or interest in property under a settlement taking effect before the date of the payment.
(7)An acknowledgment by one of several personal representatives of any claim to the personal estate of a deceased person or to any share or interest therein, or a payment by one of several personal representatives in respect of any such claim shall bind the estate of the deceased person.
(8)In this section the expression successor in relation to any mortgagee or person liable in respect of any debt or claim means his personal representatives and any other person on whom the rights under the mortgage or, as the case may be, the liability in respect of the debt or claim devolve, whether on death or bankruptcy or the disposition of property or the determination of a limited estate or interest in settled property or otherwise.
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 CurrentState: All of Act in operation
Limitation of Actions (Amendment) Act 1993, No. 102/1993
Assent Date: 23.11.93 Commencement Date: 15.10.93: s. 2 CurrentState: All of Act in operation
Transport (Amendment) Act 1993, No. 120/1993
Assent Date: 7.12.93 Commencement Date: Pt 1 (ss 1–3), ss 56, 58, 60, 61(2), 65–71, 73–79 on 7.12.93; Pt 2 (ss 4–55), ss 57, 59, 61(1), 62, 63 on 19.12.93: s. 2(2); rest of Act on 30.5.94: s. 2(4) CurrentState: All of Act in operation
Rail Corporations (Amendment) Act 1997, No. 104/1997
Assent Date: 16.12.97 Commencement Date: S. 50 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1 CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 50) on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 71) on 22.11.00: s. 2(1) CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Transport (Further Amendment) Act 2001, No. 54/2001
Assent Date: 2.10.01 Commencement Date: S. 39 on 30.6.03: s. 2(5) CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Limitation of Actions (Amendment) Act 2002, No. 52/2002
Assent Date: 4.11.02 Commencement Date: 5.11.02: s. 2 CurrentState: All of Act in operation
Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003, No. 60/2003
Assent Date: 16.6.03 Commencement Date: Ss 11–16 on 21.5.03: s. 2(1) CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Limitation of Actions (Amendment) Act 2004, No. 8/2004
Assent Date: 11.5.04 Commencement Date: 4.3.04: s. 2 CurrentState: All of Act in operation
Limitation of Actions (Adverse Possession) Act 2004, No. 76/2004
Assent Date: 9.11.04 Commencement Date: 26.11.04: Special Gazette (No. 245) 26.11.04 p. 1 CurrentState: All of Act in operation
Defamation Act 2005, No. 75/2005
Assent Date: 2.11.05 Commencement Date: Ss 47, 48 on 1.1.06: s. 2 CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 21) on 23.4.07: s. 2(3) CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Owners Corporations Act 2006, No. 69/2006
Assent Date: 19.9.06 Commencement Date: S. 222 on 31.12.07: s. 2(2) CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Water (Governance) Act 2006, No. 85/2006
Assent Date: 17.10.06 Commencement Date: S. 161 on 18.10.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)
Assent Date: 2.3.10 Commencement Date: S. 203(1)(Sch. 6 item 28) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010
Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 15) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Statute Law Revision Act 2011, No. 29/2011
Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 51) on 22.6.11: s. 2(1) Current State: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Commercial Arbitration Act 2011, No. 50/2011
Assent Date: 18.10.11 Commencement Date: S. 46(Sch. item 11) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1 CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012
Assent Date: 3.4.12 Commencement Date: S. 90 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Australian Consumer Law and Fair Trading Act 2012, No. 21/2012
Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 25) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013
Assent Date: 12.11.13 Commencement Date: S. 649(Sch. 9 item 21) on 1.7.14: s. 2(1) Current State: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014
Assent Date: 9.9.14 Commencement Date: S. 168 on 1.3.16: s. 2(3) Current State: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Limitation of Actions Amendment (Child Abuse) Act 2015, No. 9/2015
Assent Date: 21.4.15 Commencement Date: Ss 3, 4 on 1.7.15: Special Gazette (No. 183) 30.6.15 p. 1 Current State: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Compensation Legislation Amendment Act 2016, No. 73/2016
Assent Date: 13.12.16 Commencement Date: S. 5 on 1.7.14: s. 2(2) Current State: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Guardianship and Administration Act 2019, No. 13/2019
Assent Date: 4.6.19 Commencement Date: S. 221(Sch. 1 item 27) on 1.3.20: s. 2(2) Current State: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Children Legislation Amendment Act 2019, No. 30/2019
Assent Date: 17.9.19 Commencement Date: Ss 31–34 on 18.9.19: s. 2(1) Current State: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Local Government Act 2020, No. 9/2020
Assent Date: 24.3.20 Commencement Date: S. 390(Sch. 1 item 61) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 Current State: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, No. 35/2020
Assent Date: 17.11.20 Commencement Date: Ss 40−43 on 1.7.21: Special Gazette (No. 292) 16.6.21 p. 1 CurrentState: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, No. 43/2020
Assent Date: 8.12.20 Commencement Date: Ss 44−46 on 26.4.21: s. 2(2) Current State: This information relates only to the provision/s amending the Limitation of Actions Act 1958
Justice Legislation Amendment Act 2023, No. 26/2023
Assent Date: 10.10.23 Commencement Date: Ss 73, 74 on 11.10.23: s. 2(1) Current State: This information relates only to the provision/s amending the Limitation of Actions Act 1958
State Taxation Further Amendment Act 2025, No. 48/2025
Assent Date: 25.11.25 Commencement Date: Ss 41, 42 on 25.11.25: s. 2(1) Current State: This information relates only to the provision/s amending the Limitation of Actions Act 1958
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3 Explanatory details
[1] S. 20A: Section 6 of the Limitation of Actions (Amendment) Act 1993, No. 102/1993 reads as follows:
6Transitional provision
Section 20A of the Principal Act, as substituted by this Act, applies to payments made before, on or after the commencement of this section, other than payments in respect of which proceedings have been brought before that commencement.
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