{"id":"limitation-act-1981","name":"Limitation Act 1981","slug":"limitation-act-1981","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30283,"registerId":"nt-limitation-act-1981-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Limitation Act 1981","content":"NORTHERN TERRITORY OF AUSTRALIA\nLIMITATION ACT 1981\nAs in force at 11 August 2025\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Repeal and amendment .................................................................. 1\n4 Interpretation ................................................................................... 2\n5 Saving for other enactments where limitation prescribed ................ 5\n5A No limitation period for child abuse actions ..................................... 5\n6 Application to Crown ........................................................................ 6\n7 Act not to affect rules of equity ........................................................ 7\n8 Provisions as to set-off or counter-claim .......................................... 7\n9 Transitional provisions ..................................................................... 7\nPart II Periods of limitation\nDivision 1 Preliminary\n10 Application of Part III ....................................................................... 7\n11 Shortest period of limitation to apply................................................ 8\nDivision 2 General\n12 Actions in contract, tort etc. ............................................................. 8\n13 Action for account ............................................................................ 9\n14 Action upon deed............................................................................. 9\n15 Enforcement of judgment................................................................. 9\n16 Recovery of penalty or forfeiture...................................................... 9\n17 Actions under Compensation (Fatal Injuries) Act 1974.................. 10\n18 Enforcement of award of arbitrator ................................................ 10\n19 Successive conversions ................................................................ 10\n20 Admiralty actions ........................................................................... 11\n21 Equitable relief ............................................................................... 12\n22 Arrears of income .......................................................................... 12\n23 Terms of relief not to revive barred rights ...................................... 13\n24 Contributions between tortfeasors ................................................. 13\nDivision 3 Mortgages\n25 Mortgage under Land Title Act 2000 ............................................. 14\n26 Redemption ................................................................................... 14\n27 Actions by mortgagee .................................................................... 14\n\nLimitation Act 1981 ii\n28 Action for interest........................................................................... 15\n29 Mortgagor not to account for irrecoverable interest ....................... 16\n30 Other remedies barred .................................................................. 17\nDivision 4 Trusts\n32 Fraud on trust property .................................................................. 17\n33 Action for breach of trust ............................................................... 18\n34 Provision for future estates ............................................................ 18\n35 Beneficiaries other than plaintiff..................................................... 18\nDivision 5 Mistake\n35A Application ..................................................................................... 18\n35B Definition........................................................................................ 18\n35C Action for recovery of certain money paid under mistake\nbefore Limitation Amendment Act 1993 ......................................... 19\n35D Action for recovery of certain money paid under mistake after\nLimitation Amendment Act 1993 .................................................... 19\n35E Limitation period not to be extended.............................................. 20\nPart III Postponement of the bar\nDivision 1 Disability, confirmation, fraud and mistake\n36 Time not to run where person under disability ............................... 20\n37 Appointment of tutor ...................................................................... 21\n38 Notice to proceed .......................................................................... 21\n39 Infants ............................................................................................ 21\n40 Form of notice................................................................................ 22\n41 Confirmation .................................................................................. 22\n42 Rights of action based on fraud or deceit ...................................... 23\n43 Mistake .......................................................................................... 24\nDivision 2 General extension of period of limitation\n44 Extension of periods ...................................................................... 25\nDivision 3 Extension of limitation period for defamation\n44AA Extension of limitation period – concerns notice ............................ 26\n44AAB Single publication rule ................................................................... 27\n44A Extension of limitation period by court ........................................... 28\n44B Effect of order ................................................................................ 29\n44C Prior expiry of limitation period ...................................................... 29\n44D Effect of limitation law concerning electronic publications on\nother laws ...................................................................................... 29\n\nLimitation Act 1981 iii\nPart IV Miscellaneous\nDivision 1 Arbitration\n45 Interpretation ................................................................................. 30\n46 Application to arbitration ................................................................ 30\n47 Date when cause of action accrues ............................................... 30\n48 Date of commencement of arbitration ............................................ 31\nDivision 2 General\n48A Abrogation of rule in Weldon v Neal .............................................. 31\n49 Joint rights of action ....................................................................... 32\n50 Joint liability ................................................................................... 32\n51 Regulations.................................................................................... 32\nPart V Transitional matters\nDivision 1 Transitional matters for Defamation Act 2006\n52 Application of Act to actions for defamation ................................... 32\nDivision 2 Transitional matters for Limitation\nAmendment (Child Abuse) Act 2017\n53 Interpretation ................................................................................. 33\n54 Pre-existing judgments .................................................................. 33\n55 Proceedings begun before the commencement ............................ 34\nDivision 3 Transitional matters for Defamation\nLegislation Amendment Act 2025\n56 Application of amendments ........................................................... 34\nSchedule\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 11 August 2025\n____________________\nLIMITATION ACT 1981\nAn Act to amend and consolidate the law relating to the limitation of\nactions and for purposes connected therewith\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Limitation Act 1981.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Repeal and amendment\n(1) The Imperial Acts listed in Part I of the Schedule, to the extent\ntherein indicated, cease to apply to the Northern Territory.\n(2) The Acts of the State of South Australia listed in Part II of the\nSchedule cease to apply as laws of the Territory.\n(3) Each Act of the State of South Australia listed in Part III of the\nSchedule is, to the extent therein indicated, amended in its\napplication to the Territory.\n(4) Each Act of the Territory listed in Part IV of the Schedule is, to the\nextent therein indicated, amended.\n(5) Subject to section 9, whether or not an enactment or part of an\nenactment applying in the Territory (whether an Imperial Act or an\nAct of the State of South Australia) is repealed by virtue of this\nsection, this Act shall:\n(a) apply in respect of all those actions to which it is expressed to\napply including the giving of notice of a proposal to institute an\naction, as a codification of the law relating to the limitation of\nactions; and\n\nPart I Preliminary\nLimitation Act 1981 2\n(b) operate to the exclusion of all Imperial Acts and Acts of South\nAustralia applying in the Territory which contain provisions\nrelating to the limitation of actions, including provisions relating\nto the giving of notice of a proposal to institute an action.\n(6) The Regulations may amend the Schedule by:\n(a) adding to the list of Imperial Acts in Part I thereof and\nindicating the extent to which the Acts so added cease to\napply to the Territory;\n(b) varying Part I thereof by further limiting the extent to which the\nImperial Acts listed therein apply to the Territory;\n(c) adding to the list of Acts of the State of South Australia in\nPart II thereof;\n(d) adding to the list of Acts of the State of South Australia in\nPart III thereof and indicating the extent to which the Acts so\nadded are amended in their application to the Territory; and\n(e) varying Part III thereof by further limiting the extent to which\nthe Acts of the State of South Australia listed therein apply as\nlaws of the Territory.\n4 Interpretation\n(1) In this Act, unless the contrary intention appears:\naction includes any proceeding in a court of competent jurisdiction.\nCrown includes not only the Crown in the right of the Territory, but\nalso, so far as the legislative power of the Legislative Assembly\npermits, the Crown in the right of the Commonwealth and each\nState and Territory of the Commonwealth.\ndeed includes:\n(a) an instrument which is executed under seal by all parties to\nthe instrument and which is expressed to be a deed;\n(b) an instrument within the meaning of the Land Title Act 2000,\nwhether or not registered under that Act;\n(c) an instrument which is expressed to be a deed and to be\nsealed but is not so sealed, and which is signed by each party\nin the presence of a witness; and\n\nPart I Preliminary\nLimitation Act 1981 3\n(d) in the case of an instrument executed pursuant to the law of:\n(i) the United Kingdom of Great Britain and Northern\nIreland;\n(ii) the Commonwealth;\n(iii) a State of the Commonwealth;\n(iv) a Territory of the Commonwealth; or\n(v) New Zealand,\nan instrument having the effect of a deed under the law\npursuant to which it is executed.\ndisabled person means a person who, by reason of age, disease,\nillness or mental or physical infirmity, is incapable of managing his\naffairs in respect of legal proceedings.\nincome includes interest on a judgment and other interest, rent,\nannuities and dividends, but does not include arrears of interest\nsecured by a mortgage and lawfully treated as principal.\njudgment includes a judgment of a court of the Commonwealth or\na State or another Territory of the Commonwealth, or any country\nor part of a country.\nland includes corporeal hereditaments, rent charges and a legal or\nequitable estate or interest in land whether held under freehold or\nleasehold tenure, including an interest in the proceeds of the sale of\nland held upon trust for sale but, except as provided in this\ndefinition, does not include incorporeal hereditaments.\nmortgage includes a charge or lien on property for securing money\nor money's worth, but does not include a possessory lien on goods\nnor a binding effect on property arising by operation of law or under\na writ of execution against the property.\nmortgagee includes a person claiming through an original\nmortgagee.\nmortgagor includes a person claiming property subject to a\nmortgage through an original mortgagor.\nperson under a disability means an infant or a disabled person, or\na convicted person who, after conviction, is undergoing a sentence\nof imprisonment.\n\nPart I Preliminary\nLimitation Act 1981 4\npersonal estate and personal property do not include chattels\nreal.\npersonal injuries includes a disease and an impairment of a\nperson's physical or mental condition.\npersonal representative means an executor to whom probate has\nbeen granted and includes an administrator to whom a grant of\nletters of administration has been made under the Administration\nand Probate Act 1969.\nplaintiff means a person bringing an action.\nprincipal money, in relation to a mortgage, means money secured\nby the mortgage, including arrears of interest lawfully treated as\nprincipal, but does not include other interest.\nputative defendant means a person who has reason to believe\nthat another person:\n(a) is a person under a disability; and\n(b) would, but for that disability, be entitled to bring an action\nagainst him.\nrent includes a rent charge and a rent service.\nrent charge means an annuity or periodical sum of money charged\nupon or payable out of land, other than a rent service or interest on\na mortgage of land.\nsuccessor, in relation to a person liable on a cause of action,\nmeans a person on whom the liability of the first-mentioned person\ndevolves, whether as personal representative or otherwise on death\nor on bankruptcy, disposition of property or determination of a\nlimited estate or interest or otherwise.\ntrust includes express, implied and constructive trusts, whether or\nnot the trustee has a beneficial interest in the trust property, and\nwhether or not the trust arises only by reason of a transaction\nimpeached, and includes the duties incident to the office of\npersonal representative but does not include the duties incident to\nthe estate or interest of a mortgagee in mortgaged property.\ntrust for sale means, in relation to land, an immediate binding trust\nfor sale whether or not exercisable at the request or with the\nconsent of any person and with or without a power at discretion to\npostpone the sale.\n\nPart I Preliminary\nLimitation Act 1981 5\ntutor means, in relation to a person under a disability, another\nperson appointed by a court to institute or defend legal proceedings\non his behalf.\n(2) A person shall be taken to claim through another person if he\nbecame entitled by, through or under the act of that other person to\nthe right claimed but a person becoming entitled to an estate or\ninterest by virtue of a special power of appointment shall not be\ntaken to claim through the appointor.\n5 Saving for other enactments where limitation prescribed\nThis Act does not apply to any action for which a period of limitation\nis prescribed by any other enactment other than an enactment\nreferred to in section 3.\n5A No limitation period for child abuse actions\n(1) This section applies in relation to an action for damages for\npersonal injury to a person arising from child abuse of the person.\n(2) Despite any other provision of this Act, an action mentioned in\nsubsection (1) may be brought at any time and is not subject to any\nlimitation period under this Act.\n(3) This section applies whether the claim for damages is brought in\ntort, in contract, under statute or otherwise.\n(4) This section extends to the following causes of action:\n(a) a cause of action that arises under the Compensation (Fatal\nInjuries) Act 1974;\n(b) a cause of action that survives on the death of a person for the\nbenefit of the person’s estate under the Law Reform\n(Miscellaneous Provisions) Act 1956.\n(5) This section does not limit:\n(a) any inherent jurisdiction, implied jurisdiction or statutory\njurisdiction of a court; or\n\nPart I Preliminary\nLimitation Act 1981 6\n(b) any other powers of a court arising or derived from the\ncommon law or under any other Act (including any\nCommonwealth Act), rule of court, practice note or practice\ndirection.\nNote for subsection (5)\nFor example, this section does not limit a court’s power to summarily dismiss or\npermanently stay proceedings where the lapse of time has a burdensome effect\non the defendant that is so serious that a fair trial is not possible.\n(6) In this section:\nchild abuse means any of the following perpetrated against a\nperson when the person is (or was) under 18 years of age:\n(a) sexual abuse;\n(b) serious physical abuse;\n(c) psychological abuse that arises from abuse mentioned in\nparagraph (a) or (b).\n6 Application to Crown\n(1) Subject to subsections (3) and (4), this Act binds the Crown and the\nCrown has the benefit of this Act.\n(2) For the purposes of this Act, an action by or against the Crown\nincludes an action by or against an officer of the Crown as such or\na person acting on behalf of the Crown.\n(3) This Act does not apply to:\n(a) an action by the Crown:\n(i) for the recovery of a fee, tax, duty or other sum of money\nor interest on a fee, tax, duty or other sum of money; or\n(ii) in respect of the forfeiture of a ship; or\n(b) a prosecution for an offence whether it be an offence at\ncommon law or created by statute.\n(4) Notwithstanding any law or enactment now or formerly in force in\nthe Territory, the right, title or interest of the Crown to or in land\nshall not be and shall be deemed not to have been in any way\naffected by reason of the possession of such land adverse to the\nCrown for any period.\n\nPart II Periods of limitation\nDivision 1 Preliminary\nLimitation Act 1981 7\n7 Act not to affect rules of equity\nNothing in this Act affects the rules of equity concerning the refusal\nof relief on the grounds of acquiescence or otherwise.\n8 Provisions as to set-off or counter-claim\nFor the purposes of this Act, a claim by way of set-off or counter-\nclaim shall be deemed to be a separate action and to have\ncommenced on the same date as the action in which the set-off or\ncounter-claim is pleaded.\n9 Transitional provisions\n(1) Except as provided in sections 5A and 24 and in Division 2 of\nPart III, nothing in this Act:\n(a) enables a person to bring an action that was barred before the\ncommencement of this Act by an enactment repealed or\namended by this Act, except so far as the cause or right of\naction may be revived by confirmation in accordance with this\nAct; or\n(b) affects an action or arbitration commenced before the\ncommencement of this Act or the title to property that is the\nsubject of that action.\n(2) The time for bringing proceedings in respect of a cause of action\nthat arose before the commencement of this Act shall, if it has not\nthen expired, expire at the time it would have expired:\n(a) had this Act not come into operation; or\n(b) had this Act at all material times been in operation,\nwhichever is the later.\n(3) Except as provided in this section, nothing in this Act affects an\naction if the cause of action upon which that action is founded arose\nbefore the commencement of this Act.\nPart II Periods of limitation\nDivision 1 Preliminary\n10 Application of Part III\nExcept as provided in section 20(6) or section 35D, the provisions\nof this Part have effect subject to the provisions of Part III.\n\nPart II Periods of limitation\nDivision 2 General\nLimitation Act 1981 8\n11 Shortest period of limitation to apply\nWhere, under each of 2 or more provisions of this Part, an action is\nnot maintainable if brought after a specified time, the action is not\nmaintainable if brought after the earlier or earliest of those times.\nDivision 2 General\n12 Actions in contract, tort etc.\n(1) Subject to subsection (2), the following actions are not maintainable\nafter the expiration of a limitation period of 3 years from the date on\nwhich the cause of action first accrues to the plaintiff or to a person\nthrough whom he claims:\n(a) an action founded on contract (including quasi-contract) not\nbeing a cause of action which is evidenced by a deed;\n(b) an action founded on tort including a cause of action founded\non a breach of statutory duty;\n(c) an action to enforce a recognisance; and\n(d) an action to recover money recoverable by virtue of an\nenactment, other than a penalty or forfeiture or sum by way of\npenalty or forfeiture.\n(2) However:\n(a) no limitation period applies to an action for damages for\npersonal injury arising from a dust disease; and\n(b) an action for defamation is not maintainable unless\ncommenced within a limitation period of one year from the\ndate of publication of the defamatory matter; and\n(c) subsection (1) does not apply to an action to which section 17\napplies (i.e. an action under section 7 or 13 of the\nCompensation (Fatal Injuries) Act 1974); and\n(d) subsection (1) does not apply to an action for contribution to\nwhich section 24 applies.\n(3) In this section:\ndust disease means a pathological condition of the lungs, pleura or\nperitoneum that is attributable to dust.\nenactment includes legislation of the Commonwealth, a State or\nTerritory, or of any foreign country or state.\n\nPart II Periods of limitation\nDivision 2 General\nLimitation Act 1981 9\n13 Action for account\nAn action against a person liable at law to account for money\nreceived by that person is not maintainable in respect of any matter\nif brought after the expiration of a limitation period of 3 years from\nthe date on which the matter arises.\n14 Action upon deed\n(1) An action founded upon a deed is not maintainable if brought after\nthe expiration of a limitation period of 12 years from the date on\nwhich the cause of action first accrued to the plaintiff or to a person\nthrough whom he claims.\n(2) Where a right of action is founded on an instrument which, if\nregistered under the Land Title Act 2000 would, by virtue of\nsection 179 of that Act, take effect as a deed and:\n(a) before the registration of the instrument, a limitation period\nfixed by or under this Act expires; and\n(b) the instrument is subsequently registered before the expiration\nof 12 years after the date when the right of action first arose,\nthe expiry of the limitation period has no effect and an action which\nis founded on the instrument may be brought at any time after the\ndate of registration and before the expiry of a period of 12 years\nfrom the date when the right of action founded on the instrument\nfirst arose.\n15 Enforcement of judgment\n(1) An action to recover moneys due under a judgment of a court is not\nmaintainable after the expiration of a limitation period of 12 years\nfrom the date on which the judgment first becomes enforceable.\n(2) For the purposes of this section, a judgment of a court of a place\noutside the Territory (not being a judgment of a court of the\nCommonwealth) first becomes enforceable in the Territory on the\ndate on which the judgment first becomes enforceable in the place\nwhere the judgment is given.\n16 Recovery of penalty or forfeiture\n(1) An action to recover a penalty or forfeiture or a sum by way of a\npenalty or forfeiture recoverable by virtue of an enactment is not\nmaintainable after the expiration of a limitation period of 2 years\nfrom the date on which the penalty, forfeiture or sum of money by\nway of a penalty or forfeiture first became recoverable.\n\nPart II Periods of limitation\nDivision 2 General\nLimitation Act 1981 10\n(2) In this section penalty does not include a fine to which a person is\nliable on being found guilty of an offence.\n17 Actions under Compensation (Fatal Injuries) Act 1974\nAn action arising under section 7 or 13 of the Compensation (Fatal\nInjuries) Act 1974 is not maintainable after the expiration of a\nlimitation period of 3 years from the date of the death.\n18 Enforcement of award of arbitrator\n(1) In this section arbitration agreement means an agreement\ncontaining a clause requiring the submission of present or future\ndifferences between the parties to arbitration, whether or not:\n(a) an arbitrator is named in the agreement; or\n(b) the differences arise under the same or a collateral agreement\nbetween the parties,\nand includes an Act or an instrument of a legislative or\nadministrative character where the Act or instrument provides for\nthe submission of differences between parties to arbitration.\n(2) In the case of an arbitration agreement constituted by an Act or an\ninstrument of a legislative or administrative character, and subject\nto the provisions of that Act or instrument, an action to enforce the\naward of an arbitrator made under an arbitration agreement is not\nmaintainable after the expiration of a limitation period:\n(a) where the award is made under an arbitration agreement\nmade by deed – of 12 years; and\n(b) in any other case – of 3 years,\nfrom the date upon which the right to enforce the award first\naccrued to the plaintiff or a person through whom he claims.\n(3) For the purposes of this section, the right to enforce an award\naccrues on the date on which default first happens in observance of\nthe award, being the default in respect of which the action is\nbrought.\n19 Successive conversions\n(1) If:\n(a) a person has a right to bring an action in relation to the\nconversion or wrongful detention of goods; and\n\nPart II Periods of limitation\nDivision 2 General\nLimitation Act 1981 11\n(b) afterwards, possession of the goods not having been\nrecovered by the person or by another person claiming\nthrough the person, a further right to bring an action for the\nconversion or wrongful detention of the goods or to recover\nthe proceeds of sale of the goods accrues to the person or to\nanother person claiming through the person,\nan action brought upon the further right is not maintainable after the\nexpiration of a limitation period of 3 years from the date when the\nfirst right to bring an action accrued to the plaintiff or to another\nperson through whom the plaintiff claims.\n(2) If a cause of action to which subsection (1) applies has accrued to\nany person and the period prescribed for bringing that action or any\naction in respect of which a further conversion or wrongful detention\nreferred to in subsection (1) has expired and the person has not,\nduring that period, recovered possession of the chattel, the title of\nthat person to the chattel is extinguished as against a purchaser,\nmortgagee or other person having a title to or an interest in the\nchattel bona fide for value.\n(3) If, before the expiration of the period of limitation prescribed by this\nAct for an action in respect of the further conversion or wrongful\ndetention of a chattel, such an action is brought, the expiration of\nthe period of limitation does not affect the right or title of the plaintiff\nto the chattel:\n(a) for the purposes of the action; or\n(b) so far as the right or title is established.\n20 Admiralty actions\n(1) In this section:\n(a) freight includes passage money and hire;\n(b) vessel means a vessel used in navigation other than air\nnavigation, and includes a barge, lighter or similar vessel; and\n(c) reference to salvage or loss caused by the fault of a vessel\nextends to salvage or other expenses, consequent upon that\nfault, recoverable as damages.\n(2) Section 12(1)(a) extends to a right to bring an action to recover a\nseaman's wages but otherwise sections 12 to 20 inclusive do not\napply to a cause of action in rem in Admiralty.\n(3) An action to enforce a claim or lien against a vessel or her owners\nin respect of damage or loss to another vessel, that other vessel's\n\nPart II Periods of limitation\nDivision 2 General\nLimitation Act 1981 12\ncargo or freight or any property on board her, or damage for loss of\nlife or personal injuries suffered by a person on board that other\nvessel or caused by the fault of the first-mentioned vessel whether\nthat vessel was partly or wholly at fault, is not maintainable after the\nexpiration of a limitation period of 2 years from the date when the\ndamage, loss or injury was caused.\n(4) An action to enforce a claim or lien in respect of salvage services\nshall not be brought after the expiration of a limitation period of\n2 years from the date when the salvage services were rendered.\n(5) For the purposes of an action in a court, the court:\n(a) may extend the limitation period referred to in subsection (3)\nor (4) to such an extent and on such terms as it thinks fit; and\n(b) shall, if satisfied that there has not, during the limitation period,\nbeen a reasonable opportunity of arresting the defendant\nvessel within the jurisdiction of the court or within the territorial\nwaters of the country to which the plaintiff's vessel belongs or\nin which the plaintiff resides or has his principal place of\nbusiness, extend the limitation period to an extent sufficient to\ngive a reasonable opportunity of so arresting the defendant\nvessel.\n(6) The provisions of Part III do not apply to a cause of action to which\nsubsection (3) or (4) applies.\n21 Equitable relief\nSections 12, 14, 15, 16, 18 and 19 do not apply, except so far as\nthey may be applied by analogy, to a cause of action for specific\nperformance of a contract or for an injunction or for other equitable\nrelief.\n22 Arrears of income\n(1) Subject to subsections (2) and (3), an action to recover arrears of\nincome is not maintainable after the expiration of a limitation period\nof 3 years from the date on which the cause of action first accrued\nto the plaintiff or to a person through whom he claims.\n(2) An action to recover arrears of interest on principal money shall not\nbe brought after the expiration of the limitation period fixed by or\nunder this Act for an action between the same parties to recover the\nprincipal money.\n(3) Subsections (1) and (2) do not apply to an action to which\nsection 28 applies.\n\nPart II Periods of limitation\nDivision 2 General\nLimitation Act 1981 13\n(4) The provisions of this section apply to an action to recover arrears\nof income from any person whether as principal, surety or\notherwise.\n23 Terms of relief not to revive barred rights\nIn an action in which a party seeks relief against forfeiture of a\nlease, the party seeking the relief is not to be required, as a term of\nrelief against forfeiture, to pay rent for the recovery of which, by\nreason of the expiration of a limitation period fixed by or under this\nAct, an action would not be maintainable if brought on the date on\nwhich the first-mentioned action was brought.\n24 Contributions between tortfeasors\n(1) An action to recover contribution under section 12 of the Law\nReform (Miscellaneous Provisions) Act 1956 is not maintainable if\nbrought after the first to expire of:\n(a) a limitation period of 2 years from the date on which the right\nof action to recover contribution first accrued to the plaintiff or\nto a person through whom he claims; or\n(b) a limitation period of 4 years from the date of the expiration of\nthe limitation period for the principal action.\n(2) For the purposes of subsection (1)(a), the date on which a right of\naction to recover contribution first accrues is:\n(a) if the plaintiff in the action to recover contribution or a person\nthrough whom he claims is liable in respect of the damage for\nwhich contribution is claimed by judgment in a civil action or\nby arbitral award – the date on which the judgment is given or\nthe award made, whether or not in the case of a judgment the\njudgment is afterwards varied as to quantum or damages; or\n(b) if, in a case to which paragraph (a) does not apply, the plaintiff\nin the action to recover contribution or a person through whom\nhe claims makes an agreement with a person having a cause\nof action for the damage for which the cause of action to\nrecover contribution arises, which agreement fixes, as\nbetween the parties to the agreement, the amount of the\nliability in respect of that damage of the plaintiff in the action\nfor contribution or a person through whom he claims – the\ndate on which the agreement is made.\n(3) In subsection (1)(b), the expression the limitation period for the\nprincipal action means the limitation period prescribed by this Act\nor by any other enactment (including an Act or an enactment\nrepealed or omitted by this Act) for the action for the liability in\n\nPart II Periods of limitation\nDivision 3 Mortgages\nLimitation Act 1981 14\nrespect of which contribution is sought.\n(4) Nothing in this section affects the construction of section 12 of the\nLaw Reform (Miscellaneous Provisions) Act 1956.\nDivision 3 Mortgages\n25 Mortgage under Land Title Act 2000\nThis Act applies to an action founded on a mortgage registered\nunder the Land Title Act 2000 to recover from any person any debt,\ndamages or other money payable under the mortgage, but\notherwise this Act does not affect the right, title or remedies under a\nmortgage so registered of a registered proprietor under that Act of\nthe mortgage or of the mortgaged land.\n26 Redemption\nAn action to redeem mortgaged property in the possession of a\nmortgagee is not maintainable against that mortgagee if brought\nafter the expiration of a limitation period of 12 years from the date\non which that mortgagee or a person through whom he claims last:\n(a) went into possession of the property; or\n(b) received a payment of principal money or interest secured by\nthe mortgage from the plaintiff or from a person through whom\nhe claims,\nor, when both things happen, the later of those dates.\n27 Actions by mortgagee\n(1) An action:\n(a) to recover principal money secured by a mortgage;\n(b) to recover possession of mortgaged property from a\nmortgagor; or\n(c) to foreclose the equity of redemption of mortgaged property,\nis not maintainable by a mortgagee after the expiration of a\nlimitation period of 12 years from the date on which the mortgagee\nfirst became entitled to recover the money, to take possession of\nthe property or to foreclose the equity of redemption.\n\nPart II Periods of limitation\nDivision 3 Mortgages\nLimitation Act 1981 15\n(2) Subsection (1)(a) applies to a cause of action:\n(a) to recover principal money from a person, whether as\nprincipal, surety or otherwise; or\n(b) to recover principal money by way of:\n(i) the appointment of a receiver of mortgaged property or\nof the income or profits of mortgaged property;\n(ii) the sale, lease or other disposition or realisation of\nmortgaged property; or\n(iii) any other remedy affecting mortgaged property.\n28 Action for interest\n(1) An action to recover interest secured by a mortgage is not\nmaintainable by a mortgagee under the mortgage if brought after\nthe expiration of:\n(a) a limitation period of 3 years from:\n(i) the date on which the cause of action first accrued to the\nplaintiff or to a person through whom he claims; or\n(ii) where a mortgagee under a prior mortgage was, on the\ndate referred to in subparagraph (i), in possession of all\nor any of the property comprised in the mortgage\nsecuring the interest, and after that date discontinued his\npossession – the date of discontinuance,\nor, if both cases apply, the later of those dates; or\n(b) the limitation period fixed by or under this Act for an action\nbetween the same parties on a cause of action to recover the\nprincipal money bearing the interest,\nwhichever limitation period first expires.\n(2) For the purposes of subsection (1), a cause of action to recover\ninterest secured by a mortgage includes a cause of action to\nrecover the interest:\n(a) from a person, whether as principal, surety or otherwise; and\n(b) by way of:\n(i) the appointment of a receiver of mortgaged property or\nof income or profits of mortgaged property;\n\nPart II Periods of limitation\nDivision 3 Mortgages\nLimitation Act 1981 16\n(ii) sale, lease or other disposition or realisation of the\nmortgaged property; or\n(iii) any other remedy affecting mortgaged property.\n29 Mortgagor not to account for irrecoverable interest\n(1) In an action for redemption or otherwise in relation to a mortgage of\nproperty, including an action in respect of the proceeds of sale or\nother disposition or realisation of property subject to a mortgage:\n(a) a mortgagor is not, as against a mortgagee, to be required to\npay or account for interest which could not, by reason of the\nlimitation period fixed by or under this Act, be recovered in an\naction by that mortgagee against that mortgagor brought on\nthe date on which the first-mentioned action was brought; and\n(b) in adjusting the rights of a mortgagor and a mortgagee, the\nmortgagee is not to be entitled to the interest referred to in\nparagraph (a).\n(2) Where:\n(a) interest becomes due under a mortgage; and\n(b) a mortgagee:\n(i) holds money on the date on which the interest becomes\ndue; or\n(ii) after that date but before the expiration of the limitation\nperiod fixed by or under this Act for an action on a cause\nof action to recover that interest by that mortgagee\nagainst a mortgagor, receives money; and\n(c) before or after the bringing of an action to which\nsubsection (1) applies, that mortgagee or a person claiming\nthrough him properly applies that money in or towards\nsatisfaction of that interest, subsection (1) does not, as against\nthe person so applying that money or a person claiming\nthrough him, apply to that interest to the extent to which it is so\nsatisfied.\n\nPart II Periods of limitation\nDivision 4 Trusts\nLimitation Act 1981 17\n30 Other remedies barred\nA mortgagee must not, after the date on which an action to recover\nprincipal money secured by a mortgage within the meaning of\nsection 27 by the mortgagee against any person is barred by this\nAct, exercise, as against that person or another person claiming\nthrough that person, a power:\n(a) of sale, lease or other disposition or realisation of the\nmortgaged property;\n(b) to appoint a receiver; or\n(c) otherwise affecting the mortgaged property.\nDivision 4 Trusts\n32 Fraud on trust property\n(1) An action:\n(a) in respect of fraud or a fraudulent breach of trust against a\nperson who is, while a trustee, a party or privy to the fraud or\nthe breach of trust, or against his successor;\n(b) for a remedy for conversion to a person's own use of trust\nproperty received by him as a trustee;\n(c) to recover trust property, or property into which trust property\ncan be traced, against a trustee or against any other person;\nor\n(d) to recover money on account of a wrongful distribution of trust\nproperty against the person to whom the property is\ndistributed or against his successor,\nis not maintainable by a trustee of the trust or a beneficiary under\nthe trust after the expiration of:\n(e) a limitation period of 12 years from the date upon which the\nperson entitled to bring the action first discovered or may with\nreasonable diligence have discovered the facts giving rise to\nthe right to relief; or\n(f) such other limitation period for that action fixed by or under a\nprovision of this Act other than this section,\nwhichever is the only or later to expire.\n\nPart II Periods of limitation\nDivision 5 Mistake\nLimitation Act 1981 18\n(2) Except in the case of fraud or a fraudulent breach of trust, and\nexcept so far as concerns income converted by a trustee to his own\nuse or income retained and still held by the trustee or his successor\nat the time when the action is brought, this section does not apply\nto an action to recover arrears of income.\n33 Action for breach of trust\nAn action in respect of a breach of trust is not maintainable after the\nexpiration of:\n(a) a limitation period of 3 years from the date when the person\nentitled to bring the action first became so entitled; or\n(b) the limitation period for the bringing of the action fixed by or\nunder any other provision of this Act,\nwhichever is the only or later to expire.\n34 Provision for future estates\nFor the purposes of this Division, a cause of action of a beneficiary\nin respect of a future estate or interest accrues on the date on\nwhich the estate or interest becomes a present estate or interest or\non the date on which the cause of action would, but for this section,\naccrue, whichever is the later.\n35 Beneficiaries other than plaintiff\nWhere a beneficiary under a trust brings an action in respect of the\ntrust, another beneficiary under the trust is not entitled to derive\nfrom the action a benefit for which, by reason of this Act, an action\nby him is not maintainable if brought on the date on which the first-\nmentioned action was brought.\nDivision 5 Mistake\n35A Application\nThis Division applies notwithstanding any other law to the contrary,\nwhether made or in force before or after the commencement of the\nLimitation Amendment Act 1993.\n35B Definition\nIn this Division, mistake of law includes a mistake as to the validity\nof a law.\n\nPart II Periods of limitation\nDivision 5 Mistake\nLimitation Act 1981 19\n35C Action for recovery of certain money paid under mistake\nbefore Limitation Amendment Act 1993\n(1) Where, before the commencement of the Limitation Amendment\nAct 1993, money was paid, either voluntarily or under compulsion,\nby way of a tax, fee, charge or other statutory impost (or a\npurported such tax, fee, charge or other impost), an action for the\nrecovery of the money is not maintainable on the grounds that the\nmoney was paid under a mistake of law or fact, or on restitutionary\ngrounds, if brought after:\n(a) the expiration of the limitation period which would have\napplied if the Limitation Amendment Act 1993 had not been\nenacted; or\n(b) the expiration of a limitation period of 6 months from the\ncommencement of the Limitation Amendment Act 1993,\nwhichever is the earlier.\n(2) Subsection (1) does not apply to an action for the recovery of an\namount that would have been, if the tax, fee, charge or other\nstatutory impost (or a purported such tax, fee, charge or other\nimpost) in respect of which the amount was paid had been valid,\nrecoverable as an overpayment.\n35D Action for recovery of certain money paid under mistake after\nLimitation Amendment Act 1993\n(1) Where, after the commencement of the Limitation Amendment\nAct 1993, money is paid, either voluntarily or under compulsion, by\nway of a tax, fee, charge or other statutory impost (or a purported\nsuch tax, fee, charge or other impost), an action for the recovery of\nthe money is not maintainable on the grounds that the money was\npaid under a mistake of law or fact, or on restitutionary grounds, if\nbrought after the expiration of a limitation period of 6 months from\nthe date on which the money was paid.\n(2) Subsection (1) does not apply to an action for the recovery of an\namount that would have been, if the tax, fee, charge or other\nstatutory impost (or a purported such tax, fee, charge or other\nimpost) in respect of which the amount was paid had been valid,\nrecoverable as an overpayment.\n(3) Subsection (1) is part of the substantive law of the Territory.\n(4) Where an action is not brought within the limitation period specified\nin subsection (1), the right to recover the money is extinguished.\n\nPart III Postponement of the bar\nDivision 1 Disability, confirmation, fraud and mistake\nLimitation Act 1981 20\n(5) The provisions of Part III do not apply to a cause of action to which\nthis section applies.\n35E Limitation period not to be extended\nNotwithstanding section 36 or 44, the limitation period prescribed by\nsection 35D is not, and cannot be, extended.\nPart III Postponement of the bar\nDivision 1 Disability, confirmation, fraud and mistake\n36 Time not to run where person under disability\n(1) Subject to this Division, where:\n(a) a person has a cause of action;\n(b) the limitation period fixed by this Act for the cause of action\nhas commenced to run; and\n(c) the person is under a disability,\nin that case:\n(d) the running of the limitation period is suspended for the\nduration of the disability; and\n(e) if, but for this paragraph, the limitation period would expire\nbefore the lapse of 3 years after:\n(i) the date on which he has, before the expiration of the\nlimitation period, ceased to be under a disability; or\n(ii) the date of his death,\nwhichever is the earlier, the limitation period is extended so as\nto expire 3 years after the earlier of those dates.\n(2) This section applies whenever a person is under a disability,\nwhether or not he is under the same or another disability at any\ntime during the limitation period.\n(3) This section does not apply to a cause of action to recover a\npenalty or forfeiture or sum by way of penalty or forfeiture, except\nwhere the person having the cause of action is an aggrieved party.\n(4) This section does not operate so as to extend a limitation period to\nmore than 30 years from the date when the cause of action arose.\n\nPart III Postponement of the bar\nDivision 1 Disability, confirmation, fraud and mistake\nLimitation Act 1981 21\n37 Appointment of tutor\nA putative defendant may apply to the Supreme Court for a\ndeclaration that the person to whom the cause of action has\naccrued is a disabled person and request the court to appoint a\ntutor to conduct legal proceedings arising from the affairs of that\nperson, and the court may issue such declaration and appoint such\ntutor accordingly.\n38 Notice to proceed\n(1) Where the Supreme Court has appointed a tutor in accordance with\nsection 37, or where a guardian with power to conduct legal\nproceedings has been appointed under the Guardianship of Adults\nAct 2016, a putative defendant may serve on the tutor or guardian\nin accordance with this section a notice to proceed.\n(2) Where a notice to proceed is served under subsection (1),\nsection 36(1) applies as though the person ceased, on the date of\nthe service of the notice, to be under a disability and does not\nthereafter come under that disability.\n39 Infants\n(1) A putative defendant may serve on a parent or guardian of an infant\na notice requiring the parent or guardian to bring, as guardian ad\nlitem, within 6 months after the date of the service of the notice, an\naction against the putative defendant based upon the incidents\nidentified in the notice.\n(2) If a parent or guardian on whom a notice under subsection (1) has\nbeen served fails to comply with the notice within the time specified\nin the notice or, if the putative defendant is unable after reasonable\ninquiry to trace a parent or guardian of the infant, the putative\ndefendant may apply to the Supreme Court for an order appointing\nthe Public Trustee to be the tutor of the infant for the purpose of\nbringing against the putative defendant an action arising out of the\nincidents stated in the notice, and the court may make an order\naccordingly.\n(3) Subject to section 44, where an order is made under subsection (2),\nan action upon the incidents set out in the notice shall not be\nbrought against the putative defendant after the expiration of:\n(a) a limitation period of 3 years from the date of the order; or\n(b) the limitation period otherwise fixed by or under this Act for the\nbringing of the action,\nwhichever is the later.\n\nPart III Postponement of the bar\nDivision 1 Disability, confirmation, fraud and mistake\nLimitation Act 1981 22\n40 Form of notice\n(1) A notice given under section 38 or 39:\n(a) shall be in writing;\n(b) shall identify generally the incidents (including the name of the\nperson under a disability) upon which the supposed cause of\naction is based;\n(c) shall give warning that a cause of action arising out of the\nincidents referred to in the notice is liable to be barred by this\nAct;\n(d) is not an admission for any purpose by the putative defendant;\nand\n(e) is not a confirmation for the purposes of section 41.\n(2) A notice under section 38 or 39 shall be served in accordance with\nthe Rules of the Supreme Court relating to the service of originating\nprocess.\n41 Confirmation\n(1) Where, after a limitation period fixed by or under this Act for a\ncause of action commences to run but before the expiration of the\nlimitation period, a person against whom, either solely or with other\npersons, the cause of action lies confirms the cause of action, the\ntime during which the limitation period runs before the date of the\nconfirmation does not count in the reckoning of the limitation period\nin respect of an action by a person having the benefit of the\nconfirmation against a person bound by the confirmation.\n(2) For the purposes of this section:\n(a) a person confirms a cause of action if, but only if:\n(i) he makes in writing, and signs, an acknowledgment to a\nperson having, either solely or with other persons, the\ncause of action, of the right or title of the person to whom\nthe acknowledgment is made; or\n(ii) he makes, to a person having, either solely or with other\npersons, the cause of action, a payment in respect of the\nright or title of the person to whom the payment is made;\n(b) a confirmation of a cause of action to recover interest on\nprincipal money operates also as a confirmation of a cause of\naction to recover the principal money; and\n\nPart III Postponement of the bar\nDivision 1 Disability, confirmation, fraud and mistake\nLimitation Act 1981 23\n(c) a confirmation of a cause of action to recover income falling\ndue at any time operates also as a confirmation of a cause of\naction to recover income falling due at a later time on the\nsame account.\n(3) For the purposes of this section, where a person has, either solely\nor with other persons, a cause of action to foreclose the equity of\nredemption of mortgaged property or to recover possession of\nmortgaged property, a payment to him of principal or interest\nsecured by the mortgage, or a payment to him otherwise in respect\nof the right or title to the mortgage, is a confirmation by the payer of\nthe cause of action.\n(4) A person may rely upon a confirmation:\n(a) if the confirmation is made to him or to a person through\nwhom he claims; and\n(b) notwithstanding that the right of action to which the\nconfirmation relates is enjoyed by him jointly with other\npersons.\n(5) A person is bound by a confirmation if:\n(a) he is the maker of the confirmation; or\n(b) the right to bring the action in respect of which the\nconfirmation was made subsequently becomes, by devolution\nor succession, a right to bring the action against him.\n42 Rights of action based on fraud or deceit\n(1) Subject to subsection (2), where:\n(a) there is a cause of action based on fraud or deceit; or\n(b) a cause of action or the identity of a person against whom a\ncause of action lies is fraudulently concealed,\nthe time which elapses after a limitation period fixed by or under\nthis Act for the cause of action commences to run, and before the\ndate on which a person having, either solely or with other persons,\nthe cause of action first discovers, or may with reasonable diligence\ndiscover, the fraud, deceit or concealment, as the case may be,\ndoes not count in the reckoning of the limitation period for an action\non the cause of action by him or by a person claiming through him\nagainst a person answerable for fraud, deceit or concealment.\n\nPart III Postponement of the bar\nDivision 1 Disability, confirmation, fraud and mistake\nLimitation Act 1981 24\n(2) Subsection (1) has effect whether the limitation period for the cause\nof action would, but for that subsection, expire before or after the\ndate referred to in that subsection.\n(3) For the purposes of subsection (1), a person is answerable for\nfraud, deceit or concealment if, but only if:\n(a) he is a party to the fraud, deceit or concealment; or\n(b) he is, in relation to the cause of action, a successor of a party\nto the fraud, deceit or concealment under a devolution from\nthe party occurring after the date on which the fraud, deceit or\nconcealment first occurred.\n(4) Where property is, after the first occurrence of fraud, deceit or\nconcealment, purchased for valuable consideration by a person\nwho is not a party to the fraud, deceit or concealment and does not,\nat the time of the purchase, know or have reason to believe that the\nfraud, deceit or concealment has occurred, subsection (1) does not\napply to postpone the commencement of the limitation period fixed\nby or under this Act in respect of the right to bring an action against\nthe purchaser or a person claiming through him.\n43 Mistake\n(1) Subject to subsection (3), where there is a cause of action for relief\nfrom the consequences of a mistake, the time which elapses after a\nlimitation period fixed by or under this Act for the cause of action\ncommences to run, and before the date on which a person having,\neither solely or with other persons, the cause of action first\ndiscovers, or may with reasonable diligence discover, the mistake\ndoes not count in the reckoning of the limitation period for an action\nby him or by a person claiming through him.\n(2) Subsection (1) has effect whether the limitation period for the cause\nof action would, but for this section, expire before or after the date\nmentioned in that subsection.\n(3) Where property is, after a transaction in which a mistake is made,\npurchased for valuable consideration by a person who does not, at\nthe time of the purchase, know or have reason to believe that the\nmistake has been made, subsection (1) does not apply to a\nlimitation period for a cause of action for relief from the\nconsequences of the mistake against the purchaser or a person\nclaiming through him.\n\nPart III Postponement of the bar\nDivision 2 General extension of period of limitation\nLimitation Act 1981 25\nDivision 2 General extension of period of limitation\n44 Extension of periods\n(1) Subject to this section, where this or any other Act, or an instrument\nof a legislative or administrative character prescribes or limits the\ntime for:\n(a) instituting an action;\n(b) doing an act, or taking a step in an action; or\n(c) doing an act or taking a step with a view to instituting an\naction,\na court may extend the time so prescribed or limited to such an\nextent, and upon such terms, if any, as it thinks fit.\n(2) A court may exercise the powers conferred by this section in\nrespect of an action that it:\n(a) has jurisdiction to entertain; or\n(b) would, if the action were not out of time, have jurisdiction to\nentertain.\n(3) This section does not:\n(a) apply to criminal proceedings; or\n(aa) apply to an action on a cause of action for defamation; or\n(b) empower a court to extend a limitation period prescribed by\nthis Act unless it is satisfied that:\n(i) facts material to the plaintiff's case were not ascertained\nby him until some time within 12 months before the\nexpiration of the limitation period or occurring after the\nexpiration of that period, and that the action was\ninstituted within 12 months after the ascertainment of\nthose facts by the plaintiff; or\n(ii) the plaintiff's failure to institute the action within the\nlimitation period resulted from representations or\nconduct of the defendant, or a person whom the plaintiff\nreasonably believed to be acting on behalf of the\ndefendant, and was reasonable in view of those\nrepresentations or that conduct and other relevant\ncircumstances,\n\nPart III Postponement of the bar\nDivision 3 Extension of limitation period for defamation\nLimitation Act 1981 26\nand that in all the circumstances of the case, it is just to grant\nthe extension of time.\n(4) Where an extension of time is sought under this section in respect\nof the commencement of an action, the action may be instituted in\nthe normal manner, but the process by which it is instituted must be\nendorsed with a statement to the effect that the plaintiff seeks an\nextension of time pursuant to this section.\n(5) Proceedings under this section may be determined by the court at\nany time before or after the close of pleadings.\n(6) This section does not:\n(a) derogate from any other provision under which a court may\nextend or abridge time prescribed or limited by an Act or an\ninstrument of a legislative or administrative character; or\n(b) affect a rule of law or equity under which a limitation period\naffecting a right to bring an action may be extended or within\nwhich an action may be brought notwithstanding the expiration\nof the limitation period.\n(7) This section extends to an action in which the damages claimed\nconsist of or include damages in respect of personal injuries to any\nperson or to an action which arises under the Compensation (Fatal\nInjuries) Act 1974 notwithstanding that the limitation period for that\naction has expired before:\n(a) the commencement of this Act; or\n(b) an application is made under this section in respect of the\naction.\nDivision 3 Extension of limitation period for defamation\n44AA Extension of limitation period – concerns notice\n(1) The 1-year limitation period referred to in section 12(2)(b) is taken\nto have been extended as provided by subsection (2) if a concerns\nnotice is given to the proposed defendant on a day (the notice day)\nwithin the period of 56 days before the limitation period expires.\n\nPart III Postponement of the bar\nDivision 3 Extension of limitation period for defamation\nLimitation Act 1981 27\n(2) The limitation period is extended for an additional period of 56 days\nminus any days remaining after the notice day until the 1-year\nlimitation period expires.\nExample for subsection (2)\nAssume a concerns notice is given 7 days before the limitation period expires.\nThis means that there are 6 days left after the notice day before the period\nexpires. Consequently, this subsection would operate to extend the limitation\nperiod by 56 days minus 6 days, that is, 50 days.\n(3) In this section:\nconcerns notice, see section 11A of the Defamation Act 2006.\ndate of publication, in relation to the publication of matter in\nelectronic form, means the day on which the matter was first\nuploaded for access or sent electronically to a recipient.\n44AAB Single publication rule\n(1) This section applies if:\n(a) a person (the first publisher) publishes matter to the public\nthat is alleged to be defamatory (the first publication); and\n(b) the first publisher or an associate of the first publisher\nsubsequently publishes (whether or not to the public) matter\nthat is substantially the same.\n(2) Any cause of action for defamation against the first publisher or an\nassociate of the first publisher in respect of the subsequent\npublication is to be treated as having accrued on the date of the first\npublication for the purposes of determining when:\n(a) the limitation period applicable under section 12(2)(b) begins;\nor\n(b) the 3-year period referred to in section 44A(2) begins.\n(3) Subsection (2) does not apply in relation to the subsequent\npublication if the manner of that publication is materially different\nfrom the manner of the first publication.\n(4) In determining whether the manner of a subsequent publication is\nmaterially different from the manner of the first publication, the\nconsiderations to which the court may have regard include (but are\nnot limited to):\n(a) the level of prominence that a matter is given; and\n(b) the extent of the subsequent publication.\n\nPart III Postponement of the bar\nDivision 3 Extension of limitation period for defamation\nLimitation Act 1981 28\n(5) This section does not limit the power of a court under section 44A\nto extend the limitation period applicable under section 12(2)(b).\n(6) In this section:\nassociate of a first publisher means:\n(a) an employee of the publisher; or\n(b) a person publishing matter as a contractor of the publisher; or\n(c) an associated entity (within the meaning of section 50AAA of\nthe Corporations Act 2001 (Cth)) of the publisher (or an\nemployee or contractor of the associated entity).\ndate of first publication, in relation to the publication of matter in\nelectronic form, means the day on which the matter was first\nuploaded for access or sent electronically to a recipient.\npublic includes a section of the public.\n44A Extension of limitation period by court\n(1) A person claiming to have a cause of action for defamation may\napply to the court for an order extending the limitation period\napplicable under section 12(2)(b) for the cause of action.\n(2) The court may extend the limitation period to a period of up to\n3 years running from the date of the alleged publication of the\nmatter if the plaintiff satisfies the court that it is just and reasonable\nto allow an action to proceed.\n(2A) In determining whether to extend the limitation period, the court is\nto have regard to all of the circumstances of the case and in\nparticular to:\n(a) the length of, and the reasons for, the plaintiff's delay; and\n(b) if a reason for the delay was that some or all of the facts\nrelevant to the cause of action became known to the plaintiff\nafter the limitation period expired:\n(i) the day on which the facts became known to the plaintiff;\nand\n(ii) the extent to which the plaintiff acted promptly and\nreasonably once the plaintiff knew whether or not the\nfacts might be capable of giving rise to an action; and\n\nPart III Postponement of the bar\nDivision 3 Extension of limitation period for defamation\nLimitation Act 1981 29\n(c) the extent, having regard to the delay, to which relevant\nevidence is likely to be unavailable or less cogent than if the\naction had been brought within the limitation period.\n(3) A court may not order the extension of the limitation period for a\ncause of action for defamation other than in the circumstances\nspecified in subsection (2).\n44B Effect of order\nIf a court orders the extension of a limitation period for a cause of\naction under section 44A, the limitation period is accordingly\nextended:\n(a) for an action (the principal action) brought by the applicant in\nthat court on the cause of action the applicant claims to have;\nand\n(b) for section 24(1)(b) in relation to any action to recover\ncontribution associated with the principal action.\n44C Prior expiry of limitation period\nAn order for the extension of a limitation period, and an application\nfor such an order, may be made under this Division even though\nthe limitation period has already expired.\n44D Effect of limitation law concerning electronic publications on\nother laws\n(1) This section applies in respect of any requirement under\nsection 12(2)(b) or 44AAB for the date of publication of a matter in\nelectronic form to be determined by reference to the day on which\nthe matter was first uploaded for access or sent electronically to a\nrecipient.\n(2) A requirement to which this section applies is relevant only for the\npurpose of determining when a limitation period begins and for no\nother purpose.\n(3) Without limiting subsection (2), a requirement to which this section\napplies is not relevant for:\n(a) establishing whether there is a cause of action for defamation;\nor\n(b) the choice of law to be applied for a cause of action for\ndefamation.\n\nPart IV Miscellaneous\nDivision 1 Arbitration\nLimitation Act 1981 30\nPart IV Miscellaneous\nDivision 1 Arbitration\n45 Interpretation\n(1) In this Division, the expression provisions for arbitration:\n(a) means the provisions of an agreement to submit present or\nfuture differences to arbitration whether an arbitrator is named\nin the agreement or not or whether or not the differences arise\nunder the same or some other collateral agreement between\nthe parties; and\n(b) includes the provisions of an Act, or an instrument of a\nlegislative or administrative character, requiring or permitting\nthe determination of a dispute by arbitration or relating to such\nan arbitration.\n(2) Where the provisions for arbitration consist of or include the\nprovisions of an Act or an instrument of a legislative or\nadministrative character, this Division has effect subject to those\nprovisions.\n46 Application to arbitration\n(1) This Act applies to an arbitration in a similar manner to which it\napplies to other actions.\n(2) An arbitration relating to a difference or matter under a provision for\narbitration is not maintainable after the expiration of the limitation\nperiod fixed by or under this Act in respect of the right to bring an\naction for relief of the kind sought in the arbitration.\n47 Date when cause of action accrues\nNotwithstanding a term in provisions to arbitrate to the effect that a\ncause of action shall not accrue in respect of a matter required by\nthe provisions to be referred until an award is made under the\nprovisions, the cause of action shall, for the purposes of this Act,\nwhether in its application to arbitrations or to other proceedings, be\ndeemed to have accrued in respect of that matter at the time when\nit would have accrued but for that term in the provisions to arbitrate.\n\nPart IV Miscellaneous\nDivision 2 General\nLimitation Act 1981 31\n48 Date of commencement of arbitration\n(1) For the purposes of this Division, where:\n(a) the provisions for arbitration require or permit a party to the\nprovisions to give notice in writing to another party requiring\nthe other party to:\n(i) appoint or concur in appointing an arbitrator; or\n(ii) submit or concur in submitting a difference or matter to a\nperson named or designated in the provisions as\narbitrator; or\n(b) in a case to which paragraph (a) does not apply, a party to the\narbitration takes a step required or permitted by the provisions\nfor the purpose of bringing a difference or matter before an\narbitrator and gives to another party notice in writing of the\ntaking of the step,\nthe arbitration is commenced as between the party giving the notice\nand the party to whom the notice is given on the date on which the\nnotice is given.\n(2) For the purposes of subsection (1), the date on which a notice is\ngiven is the date, or the earlier or earliest of the dates, on which the\nparty giving the notice:\n(a) delivers it to the party to whom it is to be given;\n(b) leaves it at the usual or last-known place of business or\nresidence of the party to whom it is to be given;\n(c) posts it by certified mail to the party to whom it is to be given\nat his usual or last-known place of business or residence; or\n(d) gives the notice in a manner required or permitted by the\nprovisions for arbitration.\nDivision 2 General\n48A Abrogation of rule in Weldon v Neal\n(1) If a court would, but for the expiry of a relevant period of limitation\nafter the day a proceeding in the court has commenced, allow a\nparty to amend a document in the proceeding, the court shall allow\nthe amendment to be made if it is satisfied that no other party to the\nproceeding would by reason of the amendment be prejudiced in the\nconduct of that party's claim or defence in a way that could not be\nmet by an adjournment, an award of costs or otherwise.\n\nPart V Transitional matters\nDivision 1 Transitional matters for Defamation Act 2006\nLimitation Act 1981 32\n(2) This section does not apply to an amendment in a proceeding\ncommenced before the commencement of this section.\n49 Joint rights of action\nWhere, but for this Act, 2 or more persons would have a right to\nbring an action jointly and by reason of the application of this Act,\nthe right of one or more of them to bring the action is barred, an\naction may nevertheless be brought by the other or others of them.\n50 Joint liability\nWhere, but for this Act, 2 or more persons would be liable to be\nsued jointly, and by reason of the application of this Act, an action\nmay not be brought against one or more of them, an action may\nnevertheless be brought against the other or others of them.\n51 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters required or permitted by this Act to be\nprescribed or necessary or convenient to be prescribed for carrying\nout or giving effect to this Act.\nPart V Transitional matters\nDivision 1 Transitional matters for Defamation Act 2006\n52 Application of Act to actions for defamation\n(1) Section 12(2)(b) and Part III, Division 3 apply to the publication of\nany defamatory matter to which the Defamation Act 2006 applies.\n(2) The existing limitation law continues to apply to any cause of action\nto which the existing law of defamation continues to apply under\nsection 45 of the Defamation Act 2006.\n(3) In this section:\nexisting law of defamation has the same meaning as in\nsection 45 of the Defamation Act.\nexisting limitation law means the provisions of this Act that\napplied in relation to the limitation period for defamation actions\nimmediately before the commencement of the Defamation\nAct 2006.\n\nPart V Transitional matters\nDivision 2 Transitional matters for Limitation Amendment (Child Abuse) Act 2017\nLimitation Act 1981 33\nDivision 2 Transitional matters for Limitation Amendment\n(Child Abuse) Act 2017\n53 Interpretation\n(1) In this Division:\ncommencement means the commencement of the Limitation\nAmendment (Child Abuse) Act 2017.\nlegal professional negligence extends to the breach of any duty\nof professional care owed by an Australian legal practitioner,\nwhether arising in tort, contract or otherwise.\nlimitation period means a limitation period fixed by an Act\nrepealed by this Act or fixed by or under a provision of this Act\n(including a repealed provision of this Act).\n(2) In this Division, a reference to a judgment given includes a\njudgment entered, and also extends to an agreement entered into in\nrelation to settlement of a matter of damages for personal injury to a\nperson arising from child abuse of the person.\n54 Pre-existing judgments\n(1) An action may be brought after the commencement on a cause of\naction even if, before the commencement, a judgment on the cause\nof action has been given on the ground that a limitation period\napplying to the cause of action had expired.\n(2) An action may be brought after the commencement on a cause of\naction even if, before the commencement, a judgment in respect of\nlegal professional negligence has been given on the ground that a\nlimitation period applying to the cause of action had expired.\n(3) However, an action cannot be brought after the commencement on\na cause of action where, before the commencement, a court had\ngiven judgment in final determination of a matter on grounds other\nthan that a limitation period applying to the cause of action had\nexpired.\n(4) An action brought after the commencement, as mentioned in\nsubsections (1) and (2), may be brought as if the action in which the\nprevious judgment was given had not itself been commenced.\n\nPart V Transitional matters\nDivision 3 Transitional matters for Defamation Legislation Amendment Act 2025\nLimitation Act 1981 34\n(5) If an action is brought on or after the commencement, the court\nhearing the action may, if it considers it is just and reasonable to do\nso, do any or all of the following:\n(a) set aside any judgment as mentioned in subsection (1) or (2)\nalready given on, or in relation to, the cause of action;\n(b) take into account any amounts paid or payable by way of\ndamages under such a judgment;\n(c) take into account any amounts paid or payable by way of\ncosts in connection with any action in which such a judgment\nwas given.\n(6) The Supreme Court may, on application, exercise the power under\nthis section to set aside a judgment even though it is not hearing\nthe action.\n(7) A court (other than the Supreme Court) may not exercise the power\nunder this section to set aside a judgment of any other court.\n55 Proceedings begun before the commencement\n(1) This section applies in relation to an action brought before the\ncommencement where:\n(a) before the commencement, a limitation period applied to the\ncause of action; and\n(b) judgment had, at the commencement, not been given in the\naction.\n(2) Section 5A applies in relation to the action to remove the previously\napplying limitation period.\nDivision 3 Transitional matters for Defamation Legislation\nAmendment Act 2025\n56 Application of amendments\n(1) Section 44AA applies in relation to the publication of defamatory\nmatter after the commencement of that section.\n(2) Section 44AAB applies in relation to the publication of defamatory\nmatter after the commencement of that section, subject to\nsubsection (3).\n\nPart V Transitional matters\nDivision 3 Transitional matters for Defamation Legislation Amendment Act 2025\nLimitation Act 1981 35\n(3) Section 44AAB extends to a first publication before the\ncommencement of that section, but only in respect of subsequent\npublications after the commencement.\n(4) The amendment to section 44A by section 25 of the Defamation\nLegislation Amendment Act 2025 applies in relation to the\npublication of defamatory matter after the commencement of the\namendment.\n\nSchedule\nLimitation Act 1981 36\nSchedule\nsection 3\nPart I\nYear and chapter Subject or title Extent to which Act\nceases to apply to the\nTerritory\n31 Eliz.1.c.5 The Common Informers\nAct 1588\nSection 5\n21 Jac.1.c.16 The Limitation Act, 1623 The whole Act\n4 and 5 Anne c.3 (or 4\nand 5 Anne c.16)\nThe Administration of\nJustice Act, 1705\nSections 17, 18 and 19\n9 Geo. 3. c.16 The Crown Suits Act,\n1769\nThe whole Act\nPart II\nAn Ordinance to protect Justices of the Peace from Vexatious Actions for acts\ndone by them in the execution of their Office, No. 9 of 1849.\nThe Summary Procedure on Bills of Exchange Act, 1858. No. 4 of 1858.\nThe Limitation of Suits and Actions Act, 1866. No. 14 of 1866-67.\nAn Act to provide for the Recovery of Damages caused by Negligence on the\npart of Persons employed by the Government of South Australia in certain\ncases, No. 17 of 1874.\nThe Quarantine Act, 1877. No. 64 of 1877.\nThe Destitute Persons Act, 1881. No. 210 of 1881.\nThe Water Conservation Act, 1886. No. 392 of 1886.\nThe Municipal Corporations Act, 1890. No. 497 of 1890.\n\nSchedule\nLimitation Act 1981 37\nPart III\nNumber and year of Act Short title How affected\nNo. 237 of 1881 Marine Board and\nNavigation Act, 1881\nSection 374 ceases to\nhave effect in the\nNorthern Territory as a\nlaw of the Northern\nTerritory.\nPart IV\nNumber and year of Act Short title Amendment\nNo. 380 of 1886 The Real Property\nAct 1886\nOmit section 215\nNo. 26 of 1928 Justices Act 1928 Omit sections 194, 195\nand 196 Omit from\nsection 197 the word\n\"such\"\nNo. 13 of 1940 Lottery and Gaming\nAct 1940\nOmit section 96\nNo. 6 of 1941 Local Courts Act 1941 Omit section 286\nNo. 18 of 1955 Local Government\nAct 1955\nOmit sections 404 and\n415\nNo. 8 of 1959 Housing Act 1959 Omit section 35\nNo. 35 of 1963 Sheriff Act 1963 Omit section 24\nNo. 36 of 1974 Compensation (Fatal\nInjuries) Act 1974\nOmit section 9\nNo. 1 of 1975 Cyclone Disaster\nEmergency Act 1975\nOmit section 15\n\nENDNOTES\nLimitation Act 1981 38\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLimitation Act 1981 (Act No. 87, 1981)\nAssent date 21 September 1981\nCommenced 26 February 1982 (Gaz G8, 26 February 1982, p 2)\nSupreme Court (Rules of Procedure) Act 1987 (Act No. 37, 1987)\nAssent date 13 October 1987\nCommenced 1 November 1987 (s 2)\nStatute Law Revision Act 1988 (Act No. 66, 1988)\nAssent date 22 December 1988\nCommenced 22 December 1988\nLimitation Amendment Act 1993 (Act No. 57, 1993)\nAssent date 5 October 1993\nCommenced 6 December 1993 (Gaz G48, 1 December 1993, p 3)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nMental Health and Related Services (Consequential Amendments) Act 1999 (Act No. 11,\n1999)\nAssent date 25 March 1999\nCommenced 1 February 2000 (s 2, s 2 Mental Health and Related Services\nAct 1998 (Act No. 63, 1998) and Gaz G3, 26 January 2000,\np 2)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\n\nENDNOTES\nLimitation Act 1981 39\nDefamation Act 2006 (Act No. 8, 2006)\nAssent date 26 April 2006\nCommenced 26 April 2006\nLaw Reform (Dust Diseases) Amendment Act 2007 (Act No. 22, 2007)\nAssent date 29 October 2007\nCommenced 7 November 2007 (Gaz G45, 7 November 2007, p 3)\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nAdvance Personal Planning Amendment Act 2016 (Act No. 13, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act\nNo. 15, 2016) and Gaz S74, 27 July 2016, p 1)\nLimitation Amendment (Child Abuse) Act 2017 (Act No. 10, 2017)\nAssent date 31 May 2017\nCommenced 15 June 2017 (Gaz S31, 15 June 2017)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nDefamation Legislation Amendment Act 2025 (Act No. 20, 2025)\nAssent date 10 August 2025\nCommenced 11 August 2025 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 4, 5A, 12, 14, 17, 24, 24,\n25, 38, 44 and 52 and Sch.\n4 LIST OF AMENDMENTS\ns 4 amd No. 45, 2000, s 11\ns 5A ins No. 10, 2017, s 4\ns 9 amd No. 10, 2017, s 5\ns 10 amd No. 57, 1993, s 3\ns 12 amd No. 8, 2006, s 49; No. 22, 2007, s 6; No. 6, 2008, s 3; No. 26, 2020, s 3\ns 14 amd No. 45, 2000, s 11\ns 16 amd No. 17, 1996, s 6\ns 19 amd No. 26, 2020, s 3\ns 25 amd No. 45, 2000, s 11\nss 27 – 30 amd No. 26, 2020, s 3\ns 31 rep No. 66, 1988, s 6\npt II\ndiv 5 hdg ins No. 57, 1993, s 4\namd No. 26, 2020, s 3\nss 35A – 35B ins No. 57, 1993, s 4\nss 35C – 35D ins No. 57, 1993, s 4\namd No. 26, 2020, s 3\ns 35E ins No. 57, 1993, s 4\n\nENDNOTES\nLimitation Act 1981 40\ns 38 amd No. 11, 1999, s 4; No. 13, 2016, s 35\ns 44 amd No. 8, 2006, s 50\npt III\ndiv 3 hdg ins No. 8, 2006, s 51\ns 44AA –\n44AAB ins No. 20, 2025, s 24\ns 44A ins No. 8, 2006, s 51\namd No. 26, 2020, s 3; No. 20, 2025, s 25\nss 44B – 44C ins No. 8, 2006, s 51\ns 44D ins No. 20, 2025, s 26\ns 48A ins No. 37, 1987, s 20\npt V hdg ins No. 8, 2006, s 52\namd No. 10, 2017, s 6\npt V\ndiv 1 hdg ins No. 10, 2017, s 7\ns 52 ins No. 8, 2006, s 52\namd No. 20, 2025, s 27\npt V\ndiv 2 hdg ins No. 10, 2017, s 8\nss 53 – 55 ins No. 10, 2017, s 8\npt V\ndiv 3 hdg ins No. 20, 2025, s 28\ns 56 ins No. 20, 2025, s 28","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1981 purpose of consolidating limitation periods. Major expansions include: (1) 1993 amendments adding Division 5 for mistake claims regarding statutory imposts; (2) 2006 amendments adding comprehensive defamation regime with court extension powers; (3) 2017 amendments completely removing limitation periods for child abuse and creating complex transitional revival provisions for previously barred claims; (4) 2025 amendments adding electronic publication rules and single publication doctrine for defamation. The original Act was a relatively straightforward codification of limitation periods, but now functions as a hybrid limitation/defamation procedure/child abuse justice statute with extensive carve-outs and special regimes."},"complexity_factors":["Multiple overlapping limitation periods (3 years, 12 years, 1 year, 2 years, 6 months) depending on cause of action type","Extensive cross-referencing between Parts II, III, and V, with Part III postponement rules modifying Part II limitation periods","Nested conditional logic in section 44 (court extension powers) requiring satisfaction of multiple criteria before extension granted","Transitional provisions in Part V creating parallel regimes for defamation (2006), child abuse (2017), and electronic publications (2025)","27 defined terms in section 4 including technical concepts like 'corporeal hereditaments', 'putative defendant', and 'dust disease'","Special exclusion rules: section 20(6) excludes Part III for admiralty claims; section 35D(5) excludes Part III for mistake claims; section 35E prohibits any extension for certain mistake claims","Defamation provisions (Division 3 of Part III) contain intricate rules for 'single publication', 'concerns notices', and electronic publication dates with mathematical calculations for extensions","Mortgage provisions (Division 3) create interlocking time limits for principal (12 years) vs interest (3 years) with complex accrual rules","Multiple amendment layers visible in endnotes showing evolution from 1981 base through 1993, 2006, 2007, 2016, 2017, and 2025 amendments"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's **Limitation Act 1981** — essentially a legal stopwatch that sets deadlines for when people can sue each other or enforce legal rights. If you miss the deadline, you generally lose your right to take action, even if you had a good case.\n\n**Who it affects:**\n\n- **Anyone wanting to sue** — for breach of contract, personal injury, property damage, defamation, or trust disputes\n- **Mortgage lenders and borrowers** — special rules apply to recovering mortgage debts and redeeming property\n- **Victims of child abuse** — uniquely, these claims have **no time limit** (section 5A)\n- **People with disabilities** — the clock stops running while someone is under a legal \"disability\" (such as being a minor or mentally incapacitated)\n- **Defamation plaintiffs** — generally only 1 year to sue, though courts can extend this to 3 years in some circumstances\n\n**Key deadlines (limitation periods):**\n\n| Type of claim | Time limit |\n|--------------|-----------|\n| Contract or tort (personal injury, property damage, etc.) | 3 years |\n| Defamation | 1 year (extendable to 3 years by court order) |\n| Claims based on a deed | 12 years |\n| Enforcing a court judgment | 12 years |\n| Recovering penalties or forfeitures | 2 years |\n| Mortgage-related claims | 12 years for principal; 3 years for interest |\n| Trust fraud | 12 years from discovery |\n| Child abuse claims | **No limit** |\n\n**Why it matters:**\n\nThis law balances two competing needs: giving injured parties enough time to seek justice, while protecting defendants from being sued over stale claims where evidence has gone cold and memories have faded. The 2017 amendment removing time limits for child abuse was particularly significant, acknowledging that survivors often take decades to come forward.\n\n**Special features:**\n\n- **Postponement rules** — time limits can be paused for minors, people with disabilities, or where fraud/mistake is involved\n- **Confirmation** — if a debtor acknowledges a debt or makes a payment, the clock restarts\n- **Defamation extensions** — new rules for online publications and \"concerns notices\" that can extend the 1-year deadline\n- **Transitional provisions** — complex rules allowing some previously barred child abuse claims to be revived"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered from earlier limitation law in several concrete ways set out in the text. Most notably it removes any statutory time limit for civil damages claims for personal injury arising from child abuse (s 5A(2)), introduces a strict 6‑month limit for recovery of money paid under certain statutory imposts after 1993 (s 35D) which cannot be extended (s 35E), and implements modified limitation rules for defamation including notice‑based extensions (s 44AA), a single‑publication rule for subsequent substantially similar publications (s 44AAB), and a court extension power with specified criteria (s 44A). The Act also repeals or displaces earlier Imperial and South Australian limitation provisions and contains transitional provisions that allow some previously barred claims to be brought or previously given judgments to be set aside in particular circumstances (s 3; Part V, ss 53–55). These are mechanical scope changes: they expand time exposure in some categories (child abuse, certain revived claims) and narrow it in others (6‑month rule for statutory impost recoveries), and they add new procedural mechanisms (publication dating, tutor/guardian notices, judicial extension tests) that alter who must act, when, and how."},"complexity_factors":["Multiple, different limitation periods across causes of action (1, 2, 3, 12 years) requiring cause-of-action classification (Part II, Division 2).","Multiple tolling and postponement rules: disability (s 36), discovery for fraud (s 42) and mistake (s 43), confirmations (s 41), and statutory six-month limits for recovery of imposts (ss 35C–35E).","Significant court discretion to extend time subject to statutory conditions (s 44) and a separate discretionary regime for defamation (s 44A), producing case-by-case outcomes.","Sector-specific carve-outs and interactions (mortgages ss 25–30; trusts ss 32–35; admiralty s 20; arbitration Part IV), which require different accrual rules and limits.","Removal of limitation for child abuse claims (s 5A) and transitional rules (Part V, ss 52–56) which reopen previously time-barred matters and complicate retrospective effect.","Technical rules for electronic publication and single-publication treatment in defamation (ss 44AAB, 44D) requiring determinations about first upload/send dates.","Crown application with express exceptions (s 6), and the Act’s displacement of earlier Imperial and South Australia enactments (s 3 and Schedule), producing layered statutory relationships.","Procedural notice mechanisms (tutor/guardian notices ss 37–40; defamation concerns notices s 44AA) that can alter limitation timing and impose compliance burdens."],"plain_english_summary":"# What this law does, who it affects, and how it operates\n\nThis Act sets out time limits (limitation periods) for starting civil legal actions in the Northern Territory and the rules for stopping or pausing those time limits. It codifies which kinds of claims must be brought within which timeframes, how courts can extend or suspend those timeframes in particular situations, and how those rules interact with other laws. (See short title and purpose: ss 1–3.)\n\nKey mechanical changes and rules (what the Act does):\n\n- It sets general limitation periods: most contract and tort claims must be started within 3 years from when the cause of action first accrues (s 12(1)). Defamation has a 1‑year rule from publication (s 12(2)(b)), deeds and judgments generally attract 12‑year limits (ss 14, 15), and penalties/forfeitures have a 2‑year limit (s 16). (See Division 2, Part II.)\n\n- The Act removes any time limit entirely for civil claims for personal injury arising from child abuse: such claims “may be brought at any time” (s 5A(2)). That removal applies across types of causes of action (tort, contract, statute) and extends to certain survivor or estate claims (s 5A(3)–(4)).\n\n- The Act preserves and applies special rules that postpone or extend limitation periods where needed. Examples:\n  - Time is suspended while a potential plaintiff is under a legal disability (infant, disabled person, imprisoned) and the limitation period is extended in specified ways when the disability ends (s 36).\n  - Time does not run (is tolled) while a plaintiff cannot reasonably discover fraud, deceit or a concealment (s 42), or cannot reasonably discover a relevant mistake (s 43).\n  - Courts have power to extend prescribed times in many circumstances, subject to statutory limits and conditions (s 44). For defamation specifically, there are tailored extension and notice rules (ss 44AA, 44AAB, 44A–44D).\n\n- There are sector‑specific rules: mortgages (ss 25–30), trusts (ss 32–35), arbitration (Part IV Div 1), admiralty claims (s 20), and recovery of certain statutory payments paid by mistake (Div 5, ss 35C–35E). These set different accrual dates, limitation lengths or carve outs.\n\n- The Act binds the Crown in many respects, but excludes certain Crown actions (e.g. recovery of taxes/fees, forfeiture of ships, criminal prosecutions) and preserves that the Crown’s title to land is not lost by adverse possession (s 6).\n\n- Transitional provisions specify how amendments apply to pre‑existing proceedings, judgments and publications, including treatment of prior judgments and the interaction with later Acts such as defamation amendments (Part V, ss 52–56, and transitional rules in ss 53–55 for child abuse changes and ss 56 for defamation amendments).\n\nWho is most affected (who pays / who decides / how behaviour changes):\n\n- Plaintiffs: They must file claims before the specified time limits or must rely on suspension or court extension rules. Plaintiffs who are or were children who suffered abuse have no statutory time limit for civil damages (s 5A). Plaintiffs claiming fraud or mistake typically must show when they discovered (or could with reasonable diligence have discovered) the relevant facts (ss 42–43).\n\n- Defendants and third parties: They gain the defence that a claim is time‑barred once the applicable period expires. Defendants may need to respond to notices intended to interrupt tolling or to prompt guardians/tutors to bring claims (ss 37–39). For defamation defendants, receipt of a concerns notice within specified windows affects the limitation period (s 44AA).\n\n- Courts: Courts decide accrual and discovery dates, whether extension or suspension rules apply, and whether it is just to extend defamation limitation periods (ss 44, 44A). Courts also have discretion to permit amendments in proceedings that would otherwise be barred (s 48A).\n\n- Public authorities / the Crown: The Crown is generally bound by the Act (s 6(1)) but retains exclusions (s 6(3)) and retains its land title protection against adverse possession (s 6(4)).\n\nPractical incentives, costs and compliance burdens (mechanisms, not judgements):\n\n- Incentive to litigate earlier: fixed short periods (often 1 or 3 years — s 12 for 3 years; s 12(2)(b) for 1 year defamation) push potential claimants to investigate and commence actions quickly, or to prepare to prove discovery/tolling exceptions.\n\n- Burden of proving discovery/tolling: Where the plaintiff relies on discovery, fraud, mistake, or disability to postpone the bar, the plaintiff must establish when discovery occurred or when the disability ended. The Act uses tests of \"first discovers\" or \"may with reasonable diligence discover\" (ss 42–43), and courts must adjudicate those factual questions.\n\n- Litigation risk for long‑tail defendants: Removing limitation for child abuse claims (s 5A) and allowing revival or continuation of some previously barred claims under transitional rules (ss 53–55) exposes defendants and insurers to claims that would otherwise have been time‑barred.\n\n- Administrative compliance: Notice rules (tutor/guardian notices in ss 37–39 and defamation concerns notices in s 44AA) impose procedural steps that potential defendants or putative defendants can use to change limitation timing. Plaintiffs must monitor electronic publication dates for defamation (ss 44AAB, 44D). Mortgagees and trustees must track specific periods and consequences in the mortgage and trust divisions (ss 25–35).\n\n- Court discretion and legal uncertainty: Sections granting courts power to extend time (s 44) or to extend defamation periods on justice grounds (s 44A) introduce case‑by‑case discretionary outcomes that litigants must litigate and prove.\n\nTrade‑offs and implementation risks (concrete mechanisms):\n\n- Removing time limits for child abuse actions (s 5A) expands the pool of actionable events indefinitely; the concrete effect is to allow claims to be filed at any time, but the Act expressly preserves courts’ powers to deal with unfairness on other procedural grounds (s 5A(5)). The cost side is that defendants may face late evidence, lost witnesses, and longer exposure to liability.\n\n- Electronic publication dating: For defamation published electronically, the Act fixes accrual by first upload or first electronic sending (ss 44AAB(6), 44D(1)), which simplifies accrual calculation in some ways but requires parties and courts to determine the first upload date in contested settings.\n\n- Statutory impost recovery after mistake: For money paid under a statutory impost after 1993, the plaintiff has only 6 months to sue for recovery (s 35D(1)); that period is absolute and cannot be extended (s 35E). The mechanical effect is quick finality for revenue/statutory imposts unless suit is brought within six months. This shifts the risk onto payors to act fast.\n\n- Interaction with other laws: The Act defers to limitation periods prescribed by other enactments (s 5) and displaces earlier Imperial/South Australian Acts (s 3). That creates a layered landscape where litigants must check both this Act and any special limitation rule in another statute.\n\nSources and key sections used: ss 1–6 (scope, Crown), Part II (ss 11–35E — limitation lengths and specific rules), Part III (ss 36–44D — tolling and extensions), Part IV (arbitration and miscellaneous rules), Part V (transitional rules, ss 52–56), Schedule and amendment history (s 3, Schedule).\n\nHow it matters in plain terms: plaintiffs must watch short deadlines for many claims, but the Act provides specific pathways (discovery/fraud/mistake/disability/extension orders) to postpone or extend limits in defined circumstances. The most mechanically significant departures from a uniform statute of limitations are the removal of any time limit for child abuse civil claims (s 5A), the 6‑month rule for statutory impost recoveries after 1993 (s 35D), and the special publication and extension rules for defamation (ss 44AA, 44AAB, 44A–44D). Courts retain discretion in a number of areas to balance timeliness and fairness (notably s 44 and s 44A)."}},"importantCases":[],"_links":{"self":"/api/acts/limitation-act-1981","history":"/api/acts/limitation-act-1981/history","analysis":"/api/acts/limitation-act-1981/analysis","conflicts":"/api/acts/limitation-act-1981/conflicts","importantCases":"/api/acts/limitation-act-1981/important-cases","documents":"/api/acts/limitation-act-1981/documents"}}