{"id":"a-1985-66","name":"Limitation Act 1985","slug":"limitation-act-1985","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"66 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23873,"registerId":"act-a-1985-66-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"7","sectionType":"section","heading":"Application of Act to governments","content":"7 Application of Act to governments\n(1) For this Act, an action by a government entity is an action by the\ngovernment.\n(2) This Act does not apply to an action by the Territory—\n(a) for the recovery of a penalty, tax or duty or of interest on a\npenalty, tax or duty; or\n(b) in relation to the forfeiture of a ship.\n(3) This Act does not affect the prerogative right of the Territory to\nmineral rights.\n(4) This section has effect despite the Legislation Act 2001, section 121\n(Binding effect of Acts).\n(5) In this section:\ngovernment entity—see the Legislation Act 2001, section 121 (6).\nmineral includes petroleum.\n\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1 Preliminary\nSection 8\npage 4 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":1},{"sectionNumber":"8","sectionType":"section","heading":"Derived rights and agency","content":"8 Derived rights and agency\nFor this Act—\n(a) a person claims through someone else in relation to any property\nor right if the person is entitled to the property or a right by,\nthrough, under or by the act of the other person, but a person\nentitled to property or a right because of an appointment under\na special power of appointment does not, because of the\nappointment, claim the property or right through the appointor;\nand\n(b) a thing done to or by or suffered by an agent is done to or by or\nsuffered by the agent’s principal.\n","sortOrder":2},{"sectionNumber":"8A","sectionType":"section","heading":"Application of provisions relating to accrual date","content":"8A Application of provisions relating to accrual date\nThe provisions of this Act that relate to the date of accrual of a cause\nof action have effect for this Act but not for any other purpose.\n\nPeriods of limitation and related matters Part 2\nPreliminary Division 2.1\nSection 9\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Periods of limitation and related\nmatters\nDivision 2.1 Preliminary\n9 Relationship to pt 3\nThe provisions of this part have effect subject to the provisions of part\n3.\n","sortOrder":3},{"sectionNumber":"10","sectionType":"section","heading":"More than 1 bar","content":"10 More than 1 bar\nIf, under each of 2 or more provisions of this part, an action is not\nmaintainable if brought after a specified time, the action is not\nmaintainable if brought after the earlier or earliest of those times.\nDivision 2.2 General\n","sortOrder":4},{"sectionNumber":"11","sectionType":"section","heading":"General","content":"11 General\n(1) Subject to subsection (2), an action on any cause of action is not\nmaintainable if brought after the end of a limitation period of 6 years\nrunning from the date when the cause of action first accrues to the\nplaintiff or to a person through whom he or she claims.\n(2) Subsection (1) does not apply to a cause of action in relation to which\nanother limitation period is provided by this Act.\n","sortOrder":5},{"sectionNumber":"12","sectionType":"section","heading":"Accounts","content":"12 Accounts\nAn action on a cause of action for an account is not maintainable after\nthe end of any time limit under this Act applies to the claim that is the\nbasis of the duty to account.\n\nPart 2 Periods of limitation and related matters\nDivision 2.2 General\nSection 13\npage 6 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":6},{"sectionNumber":"13","sectionType":"section","heading":"Deed","content":"13 Deed\nAn action on a cause of action founded on a deed is not maintainable\nif brought after the end of a limitation period of 12 years running from\nthe date when the cause of action first accrues to the plaintiff or to a\nperson through whom he or she claims.\n","sortOrder":7},{"sectionNumber":"14","sectionType":"section","heading":"Judgment","content":"14 Judgment\n(1) An action on a cause of action on a judgment is not maintainable if\nbrought after the end of a limitation period of 12 years running from\nthe date when the judgment first becomes enforceable by the plaintiff\nor by a person through whom he or she claims.\n(2) A judgment of a court of a place outside the ACT becomes\nenforceable for this section on the date when the judgment becomes\nenforceable in the place where the judgment is given.\n","sortOrder":8},{"sectionNumber":"15","sectionType":"section","heading":"Penalty and forfeiture","content":"15 Penalty and forfeiture\n(1) An action on a cause of action to recover a penalty or forfeiture,\nrecoverable because of a law in force in the ACT, is not maintainable\nif brought after the end of a limitation period of 2 years running from\nthe date when the cause of action first accrues to the plaintiff or to a\nperson through whom he or she claims.\n(2) In this section:\npenalty does not include a fine to which a person is liable on\nconviction for a criminal offence.\n","sortOrder":9},{"sectionNumber":"16","sectionType":"section","heading":"Compensation to relatives","content":"16 Compensation to relatives\nAn action on a cause of action arising under the Civil Law (Wrongs)\nAct 2002, part 3.1 (Wrongful act or omission causing death) in\nrelation to an act, neglect or default resulting in death is not\nmaintainable after the end of—\n(a) the period of 6 years immediately following the relevant\nwrongful act, neglect or default; or\n\nPeriods of limitation and related matters Part 2\nGeneral Division 2.2\nSection 16A\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the period of 3 years immediately following the day of death of\nthe person injured by that act, neglect or default;\nwhichever ends later.\n","sortOrder":10},{"sectionNumber":"16A","sectionType":"section","heading":"Claims for common law compensation for workers","content":"16A Claims for common law compensation for workers\ncompensation\n(1) This section applies to a cause of action, other than a cause of action\nthat is a claim for compensation under the Workers Compensation\nAct 1951, if—\n(a) the cause of action relates to a personal injury that is a\ncompensable injury under the Workers Compensation Act 1951;\nand\n(b) a claim could be, or could have been, made in relation to the\ncause of action under the Workers Compensation Act 1951 if\nnotice of the injury had been given as required under that Act.\n(2) The action is not maintainable if brought 3 or more years after the day\nthe injury happened.\n16AA Motor accident claims\n(1) This section applies to a cause of action that is a motor accident claim\nunder the Motor Accident Injuries Act 2019, chapter 5 (Motor\naccident injuries—common law damages).\n(2) The cause of action is not maintainable if brought 5 years or more\nafter the day the injury happened.\nNote 1 Under the Motor Accident Injuries Act 2019, s 166, a person who has had\na WPI assessment has 3 months from the latest of the following dates to\nmake a motor accident claim:\n(a) if the person receives a notice under that Act, s 141 (5)—the date\nthat is 26 weeks after the date of the notice;\n(b) if the person receives a notice under that Act, s 157 (3) or\ns 164 (2)—the due date for the notice.\n\nPart 2 Periods of limitation and related matters\nDivision 2.2 General\nSection 16B\npage 8 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nNote 2 Under the Motor Accident Injuries Act 2019, s 220, a person who receives\na notice under that Act, s 213 (4) has 3 months from the date of the notice\nto make a motor accident claim.\n","sortOrder":11},{"sectionNumber":"16B","sectionType":"section","heading":"Other claims for damages for personal injury","content":"16B Other claims for damages for personal injury\n(1) This section applies to a cause of action for damages for personal\ninjury other than a cause of action to which section 16, section 16A\nor section 16AA applies.\n(2) The cause of action is not maintainable if brought—\n(a) if the injury is or includes a disease or disorder—3 years or more\nafter the day the person injured first knows—\n(i) that the person has suffered an injury that is or includes a\ndisease or disorder; and\n(ii) that the injury is related to someone else’s act or omission;\nor\n(b) in any other case—3 years or more after the day the injury\nhappened.\n","sortOrder":12},{"sectionNumber":"17","sectionType":"section","heading":"Arbitral award","content":"17 Arbitral award\n(1) An action on a cause of action to enforce an award of an arbitrator is\nnot maintainable if brought after the end of the limitation period fixed\nby subsection (2) running from the date when the cause of action first\naccrues to the plaintiff or to a person through whom he or she claims.\n(2) The limitation period for subsection (1) is—\n(a) if the award is made under an arbitration agreement and the\narbitration agreement is made by deed—12 years; and\n(b) in any other case—6 years.\n(3) For this section, a cause of action to enforce an award of an arbitrator\naccrues on the date when default first happens in observance of the\naward, being the default in relation to which the action is brought.\n\nPeriods of limitation and related matters Part 2\nGeneral Division 2.2\nSection 18\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\narbitration agreement means an agreement to submit present or\nfuture differences to arbitration, whether an arbitrator is named in the\nagreement or not.\n(5) This section applies to an award of an arbitrator under any law, order\nor scheme in force in the ACT, but applies to such an award subject\nto the provisions of the relevant law, order or scheme.\n","sortOrder":13},{"sectionNumber":"18","sectionType":"section","heading":"Successive wrongs to goods","content":"18 Successive wrongs to goods\nIf—\n(a) a cause of action for the conversion or detention of goods\naccrues to a person; and\n(b) afterwards, possession of the goods not having been recovered\nby him or her or by a person claiming through him or her, a\nfurther cause of action for the conversion or detention of the\ngoods or a cause of action to recover the proceeds of sale of the\ngoods accrues to him or her or to a person claiming through him\nor her;\nan action on the further cause of action for conversion or detention or\non the cause of action to recover the proceeds of sale is not\nmaintainable if brought after the end of the limitation period\napplicable to the firstmentioned cause of action.\n","sortOrder":14},{"sectionNumber":"19","sectionType":"section","heading":"Shipping","content":"19 Shipping\n(1) An action on a cause of action to enforce a claim or lien against a\nvessel (the former vessel) or its owners in relation to any damage or\nloss to another vessel, its cargo or freight, or any property on board\nthe other vessel, or damage for loss of life or personal injuries\nsuffered by anyone on board the other vessel, caused by the fault of\nthe former vessel, whether the former vessel, is completely or partly\nat fault, is not maintainable if brought after the end of a limitation\n\nPart 2 Periods of limitation and related matters\nDivision 2.2 General\nSection 20\npage 10 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nperiod of 2 years running from the date when the damage, loss or\ninjury is caused.\n(2) An action on a cause of action to enforce a claim or lien in relation to\nany salvage services is not maintainable if brought after the end of a\nlimitation period of 2 years running from the date when the salvage\nservices are rendered.\n(3) For an action in a court, the court—\n(a) may extend the limitation period mentioned in subsection (1) or\n(2) to such an extent and on the terms that it considers\nappropriate; and\n(b) shall, if satisfied that there has not during the limitation period\nbeen a reasonable opportunity of arresting the defendant vessel\nwithin 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 or her principal place of\nbusiness, extend the limitation period to an extent sufficient to\ngive a reasonable opportunity of so arresting the defendant\nvessel.\n(4) In this section:\nfreight includes passage money and hire.\nvessel means a vessel used in navigation, other than air navigation,\nand includes a barge, lighter or similar vessel.\n(5) In this section, a reference to damage or loss caused by the fault of a\nvessel includes salvage or other expenses, consequent on that fault,\nrecoverable at law by way of damages.\n","sortOrder":15},{"sectionNumber":"20","sectionType":"section","heading":"Arrears of interest","content":"20 Arrears of interest\n(1) An action on a cause of action to recover arrears of interest on\nprincipal money is not maintainable if brought after the end of the\nlimitation period fixed by or under this Act for an action between the\nsame parties to recover the principal money.\n\nPeriods of limitation and related matters Part 2\nGeneral Division 2.2\nSection 21\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subsection (1) does not apply to a cause of action to which section 25\napplies.\n","sortOrder":16},{"sectionNumber":"21","sectionType":"section","heading":"Contribution between tortfeasors","content":"21 Contribution between tortfeasors\n(1) An action on a cause of action for a contribution under the Civil Law\n(Wrongs) Act 2002, section 21 (Right of contribution) is not\nmaintainable if brought after the first to end of—\n(a) a limitation period of 2 years running from the date when the\ncause of action for contribution first accrues to the plaintiff or to\na person through whom he or she claims; and\n(b) a limitation period of 4 years running from the date of the end\nof the limitation period for the principal cause of action.\n(2) For subsection (1) (a), the date when a cause of action for contribution\nfirst accrues is—\n(a) if the plaintiff in the action for contribution or a person through\nwhom he or she claims is liable in relation to the damage for\nwhich contribution is claimed by judgment in a civil action or\nby arbitral award—the date when the judgment is given or the\naward is made, whether or not, for a judgment, the judgment is\nafterwards varied as to quantum of damages; or\n(b) if, in a case to which paragraph (a) does not apply, the plaintiff\nin the action for contribution or a person through whom he or\nshe claims makes an agreement with a person having a cause of\naction for the damage for which the cause of action for\ncontribution arises, which agreement fixes, as between the\nparties to the agreement, the amount of the liability in relation\nto that damage of the plaintiff in the action for contribution or a\nperson through whom he or she claims—the date when the\nagreement is made.\n\nPart 2 Periods of limitation and related matters\nDivision 2.2 General\nSection 21A\npage 12 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In subsection (1) (b):\nthe limitation period for the principal cause of action means the\nlimitation period fixed by or under this Act or by or under any other\nlaw in force in the ACT for the cause of action for the liability in\nrelation to which contribution is sought.\n","sortOrder":17},{"sectionNumber":"21A","sectionType":"section","heading":"Tax, licence fee or duty or penalty tax","content":"21A Tax, licence fee or duty or penalty tax\n(1) An action for recovery of a revenue amount is not maintainable unless\nproceedings in relation to the amount are instituted before the end of\nthe period of 6 months after the date the amount was paid.\n(2) Subsection (1) does not apply to an action for recovery of an amount\nthat would have been recoverable as an overpayment if the purported\ntax, licence fee or duty had been valid.\n(3) Subsection (1) is part of the substantive law of the Territory.\n(4) In subsection (1):\nrevenue amount means an amount of money paid voluntarily or\nunder compulsion as—\n(a) a tax, licence fee or duty imposed, or purportedly imposed,\nunder an Act; or\n(b) penalty tax in relation to such a tax, licence fee or duty;\nif the amount would have been legally owing if the provision under\nwhich it was paid had been valid.\n","sortOrder":18},{"sectionNumber":"21B","sectionType":"section","heading":"Defamation proceedings generally to be commenced","content":"21B Defamation proceedings generally to be commenced\nwithin 1 year\n(1) An action on a cause of action for defamation is not maintainable if\nbrought after the end of a limitation period of 1 year running from the\ndate of the publication of the matter complained of.\n\nPeriods of limitation and related matters Part 2\nGeneral Division 2.2\nSection 21BA\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The 1-year limitation period mentioned in subsection (1) is taken to\nhave been extended as provided by subsection (3) if a concerns notice\nis given to the proposed defendant on a day (the notice day) within\nthe period of 56 days before the limitation period expires.\n(3) 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—calculating limitation period\nA concerns notice is given 7 days before the limitation period expires. This means\nthere are 6 days left after the notice day before the period expires. Consequently,\nthis subsection operates to extend the limitation period by 56 minus 6 days, which\nis 50 days.\n(4) In this section:\nconcerns notice—see the Civil Law (Wrongs) Act 2002,\nsection 124A (1).\ndate of publication, in relation to the publication of matter in\nelectronic form, means the day on which the matter was first uploaded\nfor access or sent electronically to a recipient.\n21BA Defamation—single publication rule\n(1) This section applies if—\n(a) a person (the first publisher) publishes matter to the public that\nis 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 that\nis substantially the same.\n(2) Any cause of action for defamation against the first publisher or an\nassociate of the first publisher in relation to 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 21B begins; or\n\nPart 2 Periods of limitation and related matters\nDivision 2.2 General\nSection 21BB\npage 14 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the 3-year period mentioned in section 21BB (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(5) This section does not limit the power of a court under section 21BB\nto extend the limitation period applicable under section 21B.\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 the Corporations\nAct, section 50AAA) of the publisher (or an employee or\ncontractor 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 uploaded\nfor access or sent electronically to a recipient.\npublic includes a section of the public.\n21BB Extension of limitation period\n(1) A person claiming to have a cause of action for defamation may apply\nto the court for an order extending the limitation period applicable\nunder section 21B (Defamation proceedings generally to be\ncommenced within 1 year) for the cause of action.\n\nPeriods of limitation and related matters Part 2\nGeneral Division 2.2\nSection 21BC\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The court may extend the limitation period to a period of up to 3 years\nrunning from the date of the alleged publication of the matter if the\nplaintiff satisfies the court that it is just and reasonable to allow an\naction to proceed.\n(3) In determining whether to extend the limitation period, the court is to\nhave regard to all of the circumstances of the case and in particular\nto—\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 relevant\nto the cause of action became known to the plaintiff after the\nlimitation 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 facts\nmight be capable of giving rise to an action; and\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.\n21BC Defamation—effect of limitation law concerning\nelectronic defamatory publications on other laws\n(1) This section applies in relation to any requirement under section 21B\n(Defamation proceedings generally to be commenced within 1 year)\nor section 21BA (Defamation—single publication rule) for the date\nof publication of a matter in electronic form to be determined by\nreference to the day on which the matter was first uploaded for access\nor sent electronically to a recipient.\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\nPart 2 Periods of limitation and related matters\nDivision 2.2A No limitation period\nSection 21C\npage 16 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\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.\nDivision 2.2A No limitation period\n","sortOrder":19},{"sectionNumber":"21C","sectionType":"section","heading":"Personal injury resulting from child abuse","content":"21C Personal injury resulting from child abuse\n(1) This section applies to an action on a cause of action for the death or\npersonal injury of a person—\n(a) if the cause of action substantially arises from child abuse to\nwhich the person was subjected when the person was a child;\nand\n(b) whether liability for the death or personal injury arises in tort or\ncontract or on another form of action (including breach of\nstatutory duty); and\n(c) whether the cause of action accrues before, on or after the\ncommencement of the Justice and Community Safety\nLegislation Amendment Act 2016 (No 2), section 3.\n(2) An action on the cause of action is maintainable at any time and is not\nsubject to any limitation period under this Act, despite anything\nelsewhere in this Act or another territory law.\n(3) This section does not limit—\n(a) the inherent jurisdiction, implied jurisdiction or statutory\njurisdiction of a court; or\n\nPeriods of limitation and related matters Part 2\nMortgages Division 2.3\nSection 22\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any other powers of a court under a law in force in the Territory,\na rule of court, or any other practice of the court.\nExample—par (b)\na court’s power to summarily dismiss or permanently stay proceedings where the\npassage of time has a prejudicial effect on the defendant that is so serious that a fair\ntrial is not possible\n(4) In this section:\nchild abuse—see the Civil Law (Wrongs) Act 2002,\nsection 114AA (1).\nsubjected, in relation to child abuse, includes witness.\nDivision 2.3 Mortgages\n22 Mortgage under Land Titles Act 1925\nThis Act applies to an action on a cause of action founded on a\nmortgage registered under the Land Titles Act 1925 to recover from\nany person any debt damages or other money payable under the\nmortgage, but otherwise this Act does not affect the right title or\nremedies under a mortgage so registered of a registered proprietor\nunder that Act of the mortgage or of the mortgaged land.\n","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Redemption","content":"23 Redemption\nAn action on a cause of action to redeem mortgaged property in the\npossession of a mortgagee is not maintainable against that mortgagee\nif brought after the end of a limitation period of 12 years running from\nthe only or later of such of the following dates as is or are applicable:\n(a) the date when that mortgagee or a person through whom he or\nshe claims last goes into possession of the property in relation to\nwhich the action is brought;\n\nPart 2 Periods of limitation and related matters\nDivision 2.3 Mortgages\nSection 24\npage 18 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the date when that mortgagee or a person through whom he or\nshe claims last receives a payment of principal money or interest\nsecured by the mortgage from the plaintiff or from a person\nthrough whom he or she claims.\n","sortOrder":21},{"sectionNumber":"24","sectionType":"section","heading":"Action for principal, possession or foreclosure","content":"24 Action for principal, possession or foreclosure\n(1) An action on a cause of action—\n(a) to recover principal money secured by mortgage; or\n(b) to recover possession of mortgaged property from a mortgagor;\nor\n(c) to foreclose the equity of redemption of mortgaged property;\nis not maintainable by a mortgagee under the mortgage if brought\nafter the end of a limitation period of 12 years running from the date\nwhen the cause of action first accrues to the plaintiff or to a person\nthrough whom he or she claims.\n(2) Subsection (1) (a) applies to proceedings in a court on a cause of\naction—\n(a) to recover principal money from any 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 of\nthe income or profits of mortgaged property; or\n(ii) the sale, lease or other disposition of realisation of\nmortgaged property; or\n(iii) other remedy affecting mortgaged property.\n\nPeriods of limitation and related matters Part 2\nMortgages Division 2.3\nSection 25\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":22},{"sectionNumber":"25","sectionType":"section","heading":"Action for interest","content":"25 Action for interest\n(1) An action on a cause of action to recover interest secured by a\nmortgage is not maintainable by a mortgagee under the mortgage if\nbrought after the end of—\n(a) a limitation period of 6 years running from the only or later of\nsuch of the following dates as is or are applicable:\n(i) the date when the cause of action first accrues to the\nplaintiff or to a person through whom he or she claims;\n(ii) if a mortgagee under a prior mortgage is, on the date\nmentioned in subparagraph (i), in possession of all or any\nof the property comprised in the mortgage securing the\ninterest, and after that date discontinues his or her\npossession—the date of discontinuance; 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 ends.\n(2) For subsection (1), a cause of action to recover interest secured by a\nmortgage includes—\n(a) a cause of action to recover the interest from any person,\nwhether as principal, surety or otherwise; and\n(b) a cause of action to recover the interest by way of—\n(i) the appointment of a receiver of mortgaged property or of\nincome or profits of mortgaged property; or\n(ii) sale, lease or other disposition or realisation of the\nmortgaged property; or\n(iii) other remedy affecting mortgaged property.\n\nPart 2 Periods of limitation and related matters\nDivision 2.3 Mortgages\nSection 26\npage 20 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"Adjustment of interest","content":"26 Adjustment of interest\n(1) In an action for redemption or otherwise in relation to a mortgage of\nproperty including an action in relation to the proceeds of sale or other\nrealisation of property subject to a mortgage—\n(a) a mortgagor is not, as against a mortgagee, to be required to pay\nor bear interest that could not, because of a period of limitation\nfixed by or under this Act, be recovered in an action by that\nmortgagee against that mortgagor brought on the date when the\nfirstmentioned action is brought; and\n(b) in adjusting the rights of a mortgagor and a mortgagee the\nmortgagee is not to be entitled to the interest mentioned in\nparagraph (a).\n(2) If—\n(a) interest becomes due under a mortgage; and\n(b) a mortgagee—\n(i) holds money on the date when the interest becomes due; or\n(ii) after that date but before the end of the limitation period\nfixed by or under this Act for an action on a cause of action\nto recover that interest by that mortgagee against a\nmortgagor, receives money; and\n(c) before or after the bringing of an action to which subsection (1)\napplies, that mortgagee or a person claiming through him or her\nproperly applies that money in or towards satisfaction of that\ninterest;\nsubsection (1) does not, as against the person so applying that money\nor a person claiming through him or her, apply to that interest to the\nextent to which it is so satisfied.\n\nPeriods of limitation and related matters Part 2\nTrusts Division 2.4\nSection 27\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.4 Trusts\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Fraud and conversion—trust property","content":"27 Fraud and conversion—trust property\n(1) An action on a cause of action—\n(a) in relation to 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 or her successor; or\n(b) for a remedy for the conversion to a person’s own use of trust\nproperty received by him or her while a trustee, against that\nperson or against his or her successor; or\n(c) to recover trust property, or property into which trust property\ncan be traced, against a trustee or against any other person; or\n(d) to recover money on account of a wrongful distribution of trust\nproperty, against the person to whom the property is distributed\nor against his or her successor;\nis not maintainable by a trustee of the trust or by a beneficiary under\nthe trust or by a person claiming through a beneficiary under the trust\nif brought after the end of the only or later to end of such of the\nfollowing limitation periods as is or are applicable:\n(e) a limitation period of 12 years running from the date when the\nplaintiff, or a person through whom he or she claims, first\ndiscovers or may with reasonable diligence discover the facts\ngiving rise to the cause of action and that the cause of action has\naccrued;\n(f) the limitation period for the cause of action fixed by or under\nany provision of this Act other than this section.\n(2) Except for fraud or a fraudulent breach of trust, and except so far as\nconcerns income converted by a trustee to his or her own use or\nincome retained and still held by the trustee or his or her successor at\nthe time the action is brought, this section does not apply to an action\non a cause of action to recover arrears of income.\n\n","sortOrder":25},{"sectionNumber":"Part 2","sectionType":"part","heading":"Periods of limitation and related matters","content":"Part 2 Periods of limitation and related matters\n","sortOrder":26},{"sectionNumber":"Div 2","sectionType":"division","heading":"4 Trusts","content":"Division 2.4 Trusts\nSection 28\npage 22 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Accrual—future interest","content":"28 Accrual—future interest\nFor this part, a cause of action of a beneficiary in relation to a future\nestate or interest accrues on the date when the estate or interest\nbecomes a present estate or interest or on the date when the cause of\naction would, apart from this section, accrue, whichever date is the\nlater.\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Beneficiaries other than plaintiff","content":"29 Beneficiaries other than plaintiff\nIf a beneficiary under a trust brings an action in relation to the trust,\nanother beneficiary under the trust is not entitled to derive from the\naction any benefit for which, because of this Act, an action by him or\nher is not maintainable if brought on the date when the firstmentioned\naction is brought.\n\nPostponement of bar Part 3\nGeneral Division 3.1\nSection 30\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Postponement of bar\nDivision 3.1 General\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Disability","content":"30 Disability\n(1) Subject to subsections (2) and (3) and subject to section 32, if—\n(a) a person has a cause of action; and\n(b) the limitation period fixed by this Act for the cause of action has\nbegun to run; and\n(c) the person is under a disability;\nthen—\n(d) the running of the limitation period is suspended for the duration\nof the disability; and\n(e) if the cause of action is a cause of action to which section 15\nor 19 applies and, apart from this paragraph, the limitation\nperiod would end before the lapse of 2 years after—\n(i) the date when he or she last (before the end of the limitation\nperiod) ceases to be under a disability; or\n(ii) the date of his or her death;\n(whichever is the earlier)—the limitation period is extended so\nas to end 2 years after the earlier of those dates; and\n(f) in any other case, if, apart from this paragraph, the limitation\nperiod would end before the lapse of 3 years after—\n(i) the date when he or she last (before the end of the limitation\nperiod) ceases to be under a disability; or\n(ii) the date of his or her death;\n(whichever date is the earlier)—the limitation period is extended\nso as to end 3 years after the earlier of those dates.\n\nPart 3 Postponement of bar\nDivision 3.1 General\nSection 30A\npage 24 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) This section applies whenever a person is under a disability, whether\nor not he or she is under the same or another disability at any time\nduring the limitation period.\n(3) This section does not apply to—\n(a) a cause of action to recover a penalty or forfeiture or sum by\nway of penalty or forfeiture unless the person having the cause\nof action is an aggrieved party; or\n(b) a cause of action to which section 30B (Special provision in\nrelation to children—claims relating to health services) applies.\n","sortOrder":30},{"sectionNumber":"30A","sectionType":"section","heading":"Special provision for injuries to children","content":"30A Special provision for injuries to children\n(1) This section applies if—\n(a) a child (the plaintiff) suffers personal injury that gives rise to a\nclaim for damages; and\n(b) a notice of claim has not been given under the Civil Law\n(Wrongs) Act 2002, chapter 5 (Personal injuries claims—\npre-court procedures), or a proceeding has not been begun in a\ncourt, in relation to the claim; and\n(c) a limitation period applies to the claim under this Act; and\n(d) the limitation period does not end within the relevant period.\n(2) The plaintiff (or the plaintiff’s parent or guardian) must, within the\nrelevant period, give notice of an intended claim to anyone\n(the defendant) claimed to be liable for damages in relation to the\nclaim.\n(3) If the injury is claimed to have arisen out of a motor accident, the\nnotice must be given to the insurer for the motor accident claim.\n(4) The notice must contain the information required under the\nregulations.\n\nPostponement of bar Part 3\nGeneral Division 3.1\nSection 30A\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The plaintiff (or the plaintiff’s parent or guardian) must comply with\na reasonable request by the defendant—\n(a) to provide copies of medical and other records and reports in the\npossession of the plaintiff (or the plaintiff’s parent or guardian)\nthat are relevant to the nature and extent of the plaintiff’s injury\nand any consequent disability; or\n(b) to undergo examination, at the defendant’s expense, by a\nmedical expert for the purpose of finding out the nature and\nextent of the plaintiff’s injury and any consequent disability.\n(6) The defendant may, by written notice given to the plaintiff, require\nthe plaintiff, within 6 months after the day the notice is given, to bring\na proceeding in a court so that the claim may be decided by the court.\n(7) Noncompliance with a requirement of this section by the plaintiff\ndoes not prevent the plaintiff from bringing a proceeding in a court\nfor damages but, unless the court is satisfied there is compelling\nreason to excuse the noncompliance, damages must not be awarded\nin the proceeding to allow or compensate for medical, legal or\ngratuitous services provided to the plaintiff before the day the\nproceeding began.\n(8) In this section:\naccident means an incident out of which personal injury arises, and\nincludes a motor accident.\nclaim means a claim (however described) for damages based on a\nliability for personal injury, whether the liability is based in tort or\ncontract or on another form of action (including breach of statutory\nduty) but does not include a claim under the Workers Compensation\nAct 1951.\nmotor accident means an accident caused by, or arising out of the use\nof, a motor vehicle.\n\nPart 3 Postponement of bar\nDivision 3.1 General\nSection 30B\npage 26 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nmotor vehicle means—\n(a) a motor vehicle under the Road Transport (General) Act 1999;\nor\nNote A light rail vehicle is a motor vehicle under the Road Transport\n(General) Act 1999.\n(b) any other vehicle operated on a railway or other fixed track.\nrelevant period, in relation to a claim, means—\n(a) if the injury is or includes a disease or disorder—6 years after\nthe day the plaintiff (or the plaintiff’s parent or guardian) first\nknows—\n(i) that the plaintiff has suffered an injury that is or includes a\ndisease or disorder; and\n(ii) that the injury is related to someone else’s act or omission;\nor\n(b) in any other case—6 years after the day the accident giving rise\nto the injury happened.\n","sortOrder":31},{"sectionNumber":"30B","sectionType":"section","heading":"Special provision in relation to children—claims relating","content":"30B Special provision in relation to children—claims relating\nto health services\n(1) This section applies if—\n(a) a child (the plaintiff) suffers personal injury that gives rise to a\nclaim for damages; and\n(b) the claim—\n(i) relates to the provision of a health service; but\n(ii) is not a claim to which section 21C (Personal injury\nresulting from child abuse) applies.\n(2) A cause of action for damages in relation to the claim is not\nmaintainable if brought 6 years or more after the day the accident\ngiving rise to the injury happened.\n\nPostponement of bar Part 3\nGeneral Division 3.1\nSection 31\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) However, if the injury is or includes a disease or disorder, the cause\nof action is not maintainable if brought after whichever of the\nfollowing periods ends first:\n(a) 6 years after the day the plaintiff (or the plaintiff’s parent or\nguardian) first knows or ought reasonably to have first known—\n(i) that the plaintiff has suffered an injury that is or includes a\ndisease or disorder; or\n(ii) that the injury is related to someone else’s act or omission;\n(b) 12 years after the day the accident giving rise to the injury\nhappened.\nNote The period mentioned in s (3) can be extended under s 36 but the period\nmentioned in s (2) cannot be extended under that section (see s 36 (6)).\n(4) In considering whether or not the period mentioned in subsection (3)\nshould be extended under section 36, the court must have regard to\nthe opinion of a medical expert (or experts) on the question of when\nthe plaintiff (or the plaintiff’s parent or guardian) first knew, or ought\nreasonably to have first known—\n(a) that the plaintiff had suffered the injury; or\n(b) that the injury is related to someone else’s act or omission.\n(5) In this section:\nhealth service—see the Human Rights Commission Act 2005,\nsection 7 (1) and (3) (a).\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Notice to proceed","content":"31 Notice to proceed\n(1) If—\n(a) a person has a cause of action in relation to which he or she is\nunder a disability other than a disability arising from his or her\nminority; and\n\nPart 3 Postponement of bar\nDivision 3.1 General\nSection 31\npage 28 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a guardian has been appointed in relation to that person or the\nproperty of that person;\na person against whom the cause of action lies may give to the\nguardian a notice to proceed in accordance with this section.\n(2) A notice to proceed under subsection (1) shall—\n(a) be in writing; and\n(b) be addressed to the guardian concerned; and\n(c) show the name of the person under a disability; and\n(d) state the circumstances out of which the cause of action may\narise or may be claimed to arise with the particularity that is\nnecessary to enable the guardian to investigate the question\nwhether the person under a disability has the cause of action;\nand\n(e) give warning that a cause of action arising out of the\ncircumstances stated in the notice is liable to be barred by this\nAct; and\n(f) be signed by the person giving the notice.\n(3) Minor deviations from the requirements of subsection (2), not\naffecting the substance nor likely to mislead, do not invalidate a\nnotice to proceed.\n(4) If a notice to proceed is served under subsection (1), the person under\nthe disability referred to in that subsection shall be taken, for this Act,\nto cease to be under a disability on the day when the notice is so\nserved.\n(5) A notice to proceed under this section is not a confirmation for\nsection 32 and is not an admission for any purpose by the person\ngiving the notice.\n(6) A notice to proceed to be given to a guardian may be given by—\n(a) delivering the notice to proceed to the guardian personally; or\n\nPostponement of bar Part 3\nGeneral Division 3.1\nSection 32\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) leaving the notice to proceed at the usual or last-known place of\nbusiness or residence of the guardian; or\n(c) posting the notice to proceed by certified mail to the guardian at\nthe usual or last-known place of business or residence of the\nguardian.\n(7) In this section:\nguardian means a guardian or manager under the Guardianship and\nManagement of Property Act 1991.\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Confirmation","content":"32 Confirmation\n(1) If, after a limitation period fixed by or under this Act for a cause of\naction begins to run but before the end of the limitation period, a\nperson against whom (either solely or with other persons) the cause\nof action lies confirms the cause of action, the time during which the\nlimitation period runs before the date of the confirmation does not\ncount in the reckoning of the limitation period for an action on the\ncause of action by a person having the benefit of the confirmation\nagainst a person bound by the confirmation.\n(2) For this section—\n(a) a person confirms a cause of action if, but only if, he or she—\n(i) acknowledges, to a person having (either solely or with\nother persons) the cause of action, the right or title of the\nperson to whom the acknowledgment is made; or\n(ii) makes, to a person having (either solely or with other\npersons) the cause of action, a payment in relation to the\nright or title of the person to whom the payment is made;\nand\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 3 Postponement of bar\nDivision 3.1 General\nSection 32\npage 30 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a confirmation of a cause of action to recover income falling due\nat any time operates also as a confirmation of a cause of action\nto recover income falling due at a later time on the same account.\n(3) If a person has (either solely or with other persons) a cause of action\nto foreclose the equity of redemption of mortgaged property or to\nrecover possession of mortgaged property, a payment to him or her\nof principal or interest secured by the mortgage or a payment to him\nor her otherwise in relation to his or her right or title to the mortgage\nis a confirmation by the payer of the cause of action.\n(4) An acknowledgment for this section shall be in writing and signed by\nthe maker.\n(5) For this section, a person has the benefit of a confirmation if, but only\nif, the confirmation is made to him or her or to a person through whom\nhe or she claims.\n(6) For this section, a person is bound by a confirmation if, but only if—\n(a) he or she is a maker of the confirmation; or\n(b) he or she is, in relation to the cause of action, a successor of a\nmaker under a devolution from the maker occurring after the\nmaking of the confirmation; or\n(c) if the maker is, at the time when he or she makes the\nconfirmation, (either solely or with other persons) a trustee of\nthe will or of the estate of a deceased person—the firstmentioned\nperson is at the date of the confirmation or afterwards becomes\na trustee of the will or of the estate; or\n(d) if the maker is, at the time when he or she makes the\nconfirmation, (either solely or with other persons) a trustee\n(other than a trustee of the will or of the estate of a deceased\nperson)—the firstmentioned person is at the date of the\nconfirmation or afterwards becomes a trustee of the trust of\nwhich the maker is a trustee; or\n(e) he or she is bound under subsection (7).\n\nPostponement of bar Part 3\nGeneral Division 3.1\nSection 33\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) If a maker of a confirmation of a cause of action in relation to property\nis, on the date of the confirmation, in possession of the property, the\nconfirmation binds a person subsequently in possession of the\nproperty who claims through the maker of the confirmation.\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Fraud and concealment","content":"33 Fraud and concealment\n(1) Subject to this section, if—\n(a) there is a cause of action based on fraud or deceit; or\n(b) a fact relevant to a cause of action or the identity of a person\nagainst whom a cause of action lies is deliberately concealed;\nthe time that elapses after a limitation period fixed by or under this\nAct for the cause of action begins to run and before the date when a\nperson having (either solely or with other persons) the cause of action\nfirst discovers, or may with reasonable diligence discover, the fraud,\ndeceit or concealment, as the case may be, does not count in the\nreckoning of the limitation period for an action on the cause of action\nby him or her or by a person claiming through him or her against a\nperson answerable for the fraud, deceit or concealment.\n(2) Subsection (1) has effect whether the limitation period for the cause\nof action would, apart from this section, end before or after the date\nmentioned in that subsection.\n(3) Without limiting subsection (1), deliberate commission of a breach of\nduty in circumstances in which it is unlikely to be discovered for some\ntime amounts to deliberate concealment of the facts involved in that\nbreach of duty.\n(4) For subsection (1), a person is answerable for fraud, deceit or\nconcealment if, but only if—\n(a) he or she is a party to the fraud, deceit or concealment; or\n\nPart 3 Postponement of bar\nDivision 3.1 General\nSection 34\npage 32 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) he or she is, in relation to the cause of action, a successor of a\nparty to the fraud, deceit or concealment under a devolution\nfrom the party occurring after the date when the fraud, deceit or\nconcealment first occurs.\n(5) If property is, after the first occurrence of fraud, deceit or\nconcealment, purchased for valuable consideration by a person who\nis not a party to the fraud, deceit or concealment and does not, at the\ntime of the purchase, know or have reason to believe that the fraud,\ndeceit or concealment has occurred, subsection (1) does not, in\nrelation to that fraud, deceit or concealment, apply to a limitation\nperiod for a cause of action against the purchaser or a person claiming\nthrough him or her.\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Mistake","content":"34 Mistake\n(1) Subject to subsection (3), if there is a cause of action for relief from\nthe consequences of a mistake, the time that elapses after a limitation\nperiod fixed by or under this Act for the cause of action begins to run\nand before the date when a person having (either solely or with other\npersons) the cause of action first discovers, or may with reasonable\ndiligence discover, the mistake does not count in the reckoning of the\nlimitation period for an action on the cause of action by him or her or\nby a person claiming through him or her.\n(2) Subsection (1) has effect whether the limitation period for the cause\nof action would, apart from this section, end before or after the date\nmentioned in that subsection.\n(3) If property is, after a transaction in which a mistake is made,\npurchased for valuable consideration by a person who does not, at the\ntime of the purchase, know or have reason to believe that the mistake\nhas been made, subsection (1) does not apply to a limitation period\nfor a cause of action for relief from the consequences of the mistake\nagainst the purchaser or a person claiming through him or her.\n\nPostponement of bar Part 3\nPersonal injuries, latent damage to property and economic loss Division 3.2\nSection 35\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2 Personal injuries, latent damage to\nproperty and economic loss\n35 Application of div 3.2\nThis division applies in relation to a cause of action referred to in\nsection 16, 16A, 36 (1) or 38—\n(a) that accrued before or after the commencement of this Act; and\n(b) for a cause of action that accrued before the commencement of\nthis Act—whether or not proceedings have been instituted\nbefore the commencement of this Act.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Personal injuries","content":"36 Personal injuries\n(1) This section applies to any action for damages if the damages claimed\nconsist of or include damages in relation to personal injuries to any\nperson.\n(2) If an application is made to a court by a person claiming to have a\ncause of action to which this section applies, the court, subject to\nsubsection (3) and after hearing such of the persons likely to be\naffected by that application as it considers appropriate, may, if it\ndecides that it is just and reasonable so to do, order that the period\nwithin which an action on the cause of action may be brought be\nextended for the period that it determines.\n(3) In exercising the powers given to it by subsection (2), a court shall\nhave regard to all the circumstances of the case, including, for\nexample, the following:\n(a) the length of and reasons for the delay on the part of the plaintiff;\n(b) the extent to which, having regard to the delay, there is or is\nlikely to be prejudice to the defendant;\n\nPart 3 Postponement of bar\nDivision 3.2 Personal injuries, latent damage to property and economic loss\nSection 36\npage 34 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the conduct of the defendant after the cause of action accrued to\nthe plaintiff, including the extent (if any) to which the defendant\ntook steps to make available to the plaintiff means of\nascertaining facts that were or might be relevant to the cause of\naction of the plaintiff against the defendant;\n(d) the duration of any disability of the plaintiff arising on or after\nthe date of the accrual of the cause of action;\n(e) the extent to which the plaintiff acted promptly and reasonably\nonce he or she knew that the act or omission of the defendant, to\nwhich the injury of the plaintiff was attributable, might be\ncapable at that time of giving rise to an action for damages;\n(f) the steps (if any) taken by the plaintiff to obtain medical, legal\nor other expert advice and the nature of the advice the plaintiff\nmay have received.\n(4) The powers given to a court by subsection (2) may be exercised at\nany time notwithstanding—\n(a) that the limitation period in relation to the relevant cause of\naction has ended since the cause of action accrued; or\n(b) that an action in relation to such personal injuries has been\nbegun.\n(5) This section does not apply in relation to a cause of action to which\nany of the following applies:\n(a) section 16AA (Motor accident claims);\n(b) section 16B (Other claims for damages for personal injury);\n(c) the Civil Law (Wrongs) Act 2002, part 3.1 (Wrongful act or\nomission causing death).\n(6) Also, this section does not apply in relation to the period mentioned\nin section 30B (2) (Special provision in relation to children—claims\nrelating to health services).\n\nPostponement of bar Part 3\nPersonal injuries, latent damage to property and economic loss Division 3.2\nSection 37\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Action against estate of deceased person","content":"37 Action against estate of deceased person\n(1) This section applies to a cause of action against the estate of a\ndeceased person.\n(2) Notwithstanding this part, if an executor or administrator—\n(a) has given notice in accordance with the Administration and\nProbate Act 1929, section 64; and\n(b) has, under that section, distributed the assets of the relevant\nestate without notice of a claim on which a cause of action to\nwhich this section applies is based;\nthe court shall not extend under this division the limitation period\napplicable to the cause of action unless the estate is entitled to be\nindemnified, in relation to the cause of action, by another person or\nestate.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Action by estate of deceased person","content":"38 Action by estate of deceased person\n(1) If the executor or administrator of the estate of a deceased person\ninstitutes proceedings in relation to a cause of action for damages for\npersonal injury that accrued before that person’s death, the court may,\nsubject to subsection (2)—\n(a) if the court considers it just and reasonable to do so; and\n(b) whether or not the limitation period applicable to that cause of\naction has ended; and\n(c) whether or not an action in relation to the personal injury has\nbeen begun;\nextend the limitation period for the further period, not exceeding 6\nyears, beginning on the day of the person’s death as the court\nconsiders appropriate.\n\nPart 3 Postponement of bar\nDivision 3.2 Personal injuries, latent damage to property and economic loss\nSection 38\npage 36 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In exercising the powers given to it by subsection (1), the court shall\nhave regard to all the circumstances of the case, including, for\nexample, the following:\n(a) the reasons for the failure of the deceased to institute\nproceedings before his or her death or for the failure of the\nexecutor or administrator to do so before the end of the\nlimitation period;\n(b) whether, after the cause of action accrued, a significant period\nof time elapsed before the injured person knew or ought\nreasonably to have known that he or she had suffered the injury\ngiving rise to the cause of action;\n(c) if the deceased person knew before his or her death that the\nrelevant injury might give rise to an action for damages—\nwhether he or she acted on that knowledge promptly and\nreasonably;\n(d) whether the executor or administrator of the estate, when he or\nshe became aware that the relevant injury might give rise to a\ncause of action for damages, acted promptly and reasonably;\n(e) the extent to which an extension of the limitation period would,\nor would be likely to, result in prejudice to the defendant;\n(f) the conduct of the defendant after the cause of action accrued to\nthe injured person or to the executor or administrator of the\nestate of the person, including the extent to which the defendant\ntook steps to make available to the injured person, executor or\nadministrator means of ascertaining facts in relation to the cause\nof action;\n(g) the steps (if any) taken by the injured person or the executor or\nadministrator to obtain medical, legal or other expert advice and\nthe nature of any such advice.\n\nPostponement of bar Part 3\nPersonal injuries, latent damage to property and economic loss Division 3.2\nSection 39\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Action for compensation to relatives","content":"39 Action for compensation to relatives\n(1) Subject to subsection (3), if, apart from the end, as against a deceased\nperson, of a limitation period in relation to a cause of action, the\npersonal representative of the deceased person would be entitled to\ninstitute proceedings in relation to a cause of action referred to in\nsection 16, the court may, if it decides it is just and reasonable so to\ndo, on application made by the personal representative, order that, for\nthe purposes of such proceedings, the limitation period is extended\nfor the further period that the court determines.\n(2) The court shall, in a declaration made under subsection (1), specify a\nperiod, being a period not exceeding 6 years beginning on the day of\ndeath of the person injured, within which proceedings in relation to\nthe cause of action may be instituted.\n(3) In exercising the powers given to it by subsection (1), the court shall\nhave regard to all the circumstances of the case, including, for\nexample, the following:\n(a) the reasons for the failure of the person to begin an action before\nthe end of the relevant limitation period;\n(b) whether a significant period of time elapsed after the cause of\naction accrued during which the person did not know, and could\nnot reasonably have known, that he or she had suffered an injury\ngiving rise to a cause of action;\n(c) whether the person knew, or ought reasonably to have known,\nbefore his or her death that he or she had suffered such an injury;\n(d) if the person knew before his or her death that he or she had\nsuffered such an injury, the extent to which he or she acted\npromptly and reasonably;\n(e) the extent to which a declaration specifying a limitation period\nwould, or would be likely to, result in prejudice to the defendant;\n\nPart 3 Postponement of bar\nDivision 3.2 Personal injuries, latent damage to property and economic loss\nSection 39\npage 38 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) the conduct of the defendant after the relevant cause of action\naccrued, including the extent to which the defendant took steps\nto make available to the person means of ascertaining facts in\nrelation to the cause of action;\n(g) the steps (if any) taken by the person to obtain, for the cause of\naction, medical, legal or other expert advice, and the nature of\nthe advice.\n(4) Subject to subsection (5), if, at the time of his or her death, a person\nhad a cause of action, the court, on application by his or her personal\nrepresentative, may—\n(a) if the court considers it just and reasonable to do so; and\n(b) whether or not the limitation period applicable under section 16\nhas ended since the death of the person; and\n(c) whether or not an action on such a cause of action has been\nbegun;\nextend that limitation period for the further period, not exceeding\n6 years from the date of death of the deceased person, that the court\nconsiders appropriate.\n(5) In exercising the powers given to it by subsection (4), the court shall\nhave regard to all the circumstances of the case, including, for\nexample, the following:\n(a) the reasons for, and length of, the delay on the part of the\npersonal representative in instituting proceedings;\n(b) whether, after the death of the deceased person, a significant\nperiod of time elapsed before a relative of the deceased person\nor the personal representative knew or ought reasonably to have\nknown that the act, neglect or default that resulted in the death\nwas capable of giving rise to a cause of action;\n\nPostponement of bar Part 3\nPersonal injuries, latent damage to property and economic loss Division 3.2\nSection 40\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the extent to which, when the personal representative became\naware that the act, neglect or default that caused the death was\ncapable of giving rise to a cause of action, the personal\nrepresentative acted promptly and reasonably;\n(d) the extent to which an extension of the limitation period would,\nor would be likely to, result in prejudice to the defendant;\n(e) the conduct of the defendant after the relevant cause of action\naccrued to the personal representative, including the extent to\nwhich the defendant took steps to make available to the personal\nrepresentative means of ascertaining facts in relation to the\ncause of action;\n(f) the steps (if any) taken by the personal representative to obtain,\nfor the purposes of the cause of action, medical, legal or other\nexpert advice and the nature of any such advice.\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Latent damage to property and economic loss","content":"40 Latent damage to property and economic loss\n(1) Subject to subsection (2), if a person has a cause of action for latent\ndamage to property or for economic loss in relation to such damage\nto property the court may—\n(a) if the court considers it just and reasonable to do so; and\n(b) whether or not the limitation period applicable to that cause of\naction has ended; and\n(c) whether or not an action for such damage or loss has been begun;\nextend the limitation period in relation to which an action on that\ncause of action may be brought for the further period not exceeding\n15 years beginning on the day when the act or omission that gave rise\nto the cause of action occurred that the court considers appropriate.\n\n","sortOrder":41},{"sectionNumber":"Part 3","sectionType":"part","heading":"Postponement of bar","content":"Part 3 Postponement of bar\n","sortOrder":42},{"sectionNumber":"Div 3","sectionType":"division","heading":"2 Personal injuries, latent damage to property and economic loss","content":"Division 3.2 Personal injuries, latent damage to property and economic loss\nSection 41\npage 40 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In exercising the powers given to it by subsection (1), the court shall\nhave regard to all the circumstances of the case including, for\nexample, the following:\n(a) the length of time between the occurrence of the damage or loss\nand the time when the damage or loss might reasonably have\nbeen discovered by the plaintiff;\n(b) the extent to which the plaintiff, after he or she became aware of\nthe damage or loss, acted promptly and reasonably;\n(c) the extent to which an extension of the limitation period would,\nor would be likely to, result in prejudice to the defendant;\n(d) the conduct of the defendant after the relevant cause of action\naccrued to the plaintiff, including the extent to which the\ndefendant took steps to make available to the plaintiff means of\nascertaining facts in relation to the cause of action;\n(e) the steps (if any) taken by the plaintiff to obtain, for the purposes\nof the cause of action, legal or other expert advice and the nature\nof any such advice.\n","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"Prior bar ineffective","content":"41 Prior bar ineffective\nIf, after the end of a limitation period to which this division applies,\nthe limitation period is extended by order under this division, the prior\nending of the limitation period has no effect for this Act.\n","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Evidence","content":"42 Evidence\nIf, under this division, a question arises about the knowledge, or acts\nof, a deceased person, or the deceased person’s reasons for any action,\nthe court may have regard to the conduct and statements, oral or in\nwriting, of the deceased person.\n\nMiscellaneous Part 4\nExtinction of right and title Division 4.1\nSection 43\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\nDivision 4.1 Extinction of right and title\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"Extinction of title","content":"43 Extinction of title\n(1) Subject to this division, if a limitation period under this Act ends,\nbeing a limitation period in relation to a cause of action to recover or\nobtain goods, the right or title to the goods of any person having that\ncause of action is extinguished.\n(2) If, before the end of a limitation period referred to in subsection (1),\nan action is brought on a cause of action to which that limitation\nperiod relates, the ending of the limitation period does not affect the\nright or title of the plaintiff to the goods in relation to which the action\nis brought—\n(a) for the purposes of the action; or\n(b) so far as the right or title is established in the action.\n","sortOrder":46},{"sectionNumber":"44","sectionType":"section","heading":"Possessory lien","content":"44 Possessory lien\nNotwithstanding section 43, if—\n(a) a person is in possession of goods; and\n(b) he or she has a lien on the goods for a debt or other money claim\npayable by a second person;\nthe right and title of the first person to the debt or other money claim\nis, as against the second person and his or her successors, saved from\nextinction under this division for so long as a cause of action of the\nsecond person or of a person claiming through the second person for\nthe conversion or detention of the goods or to recover the proceeds of\nsale of the goods has not accrued or is not barred by this Act, but only\nso far as is necessary to support and give effect to the lien.\n\nPart 4 Miscellaneous\nDivision 4.2 Arbitration\nSection 45\npage 42 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":47},{"sectionNumber":"45","sectionType":"section","heading":"Extinction of right or title must be alleged in proceedings","content":"45 Extinction of right or title must be alleged in proceedings\n(1) If in proceedings before a judicial tribunal a question arises about\nextinction under this division of a right or title, a party to the\nproceedings shall not have the benefit in those proceedings of any\nsuch extinction of that right or title unless, as part of the proceedings,\nhe or she has pleaded or otherwise appropriately claimed in\naccordance with the procedures of the tribunal that the right or title\nhas been so extinguished.\n(2) In subsection (1), a reference to proceedings before a judicial\ntribunal is a reference to proceedings before a court or person\nauthorised by law or by agreement to bind the parties to the\nproceedings by a decision on a question arising in the proceedings\nabout whether or not a right or title has been extinguished under this\ndivision.\nDivision 4.2 Arbitration\n46 Interpretation for div 4.2\n(1) In this division:\nprovisions for arbitration means—\n(a) the provisions of an agreement to submit present or future\ndifferences to arbitration, whether an arbitrator is named in the\nagreement or not; and\n(b) the provisions of any law, order or scheme in force in the ACT\nrequiring or permitting the determination of any matter by\narbitration or relating to such an arbitration.\n(2) If the provisions for arbitration are or include the provisions of any\nlaw, order or scheme in force in the ACT this division has effect\nsubject to the latter provisions.\n\nMiscellaneous Part 4\nArbitration Division 4.2\nSection 47\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Application of Act to arbitration","content":"47 Application of Act to arbitration\n(1) This Act applies to an arbitration in like way as it applies to an action.\n(2) An arbitration for any difference or matter under any provisions for\narbitration is not maintainable if begun after the date of end of the\nperiod of limitation fixed by or under this Act for a cause of action in\nrelation to the same difference or matter.\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Accrual","content":"48 Accrual\nIf, by a term of any provisions for arbitration, a cause of action in\nrelation to any difference or matter referable to arbitration under the\nprovisions does not accrue until the making of an award or the\nhappening of some other event in or relating to the arbitration or does\nnot accrue at all, the cause of action nevertheless accrues, for the\npurposes of the application of this division to an arbitration under the\nprovisions, on the date when it would accrue apart from that term.\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Commencement of arbitration","content":"49 Commencement of arbitration\n(1) For this division—\n(a) if the provisions for arbitration require or permit a party to the\narbitration to give written notice to another party—\n(i) requiring the other party to appoint or concur in appointing\nan arbitrator; or\n(ii) requiring the other party to submit or concur in submitting\na difference or matter to a person named or designated in\nthe provisions for arbitration as arbitrator; or\n\nPart 4 Miscellaneous\nDivision 4.3 General\nSection 51\npage 44 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if, 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 arbitration for the purposes of bringing a difference or matter\nbefore an arbitrator and gives to another party written notice of\nthe taking of the step;\nthe arbitration is begun, as between the party giving the notice and\nthe party to whom the notice is given, on the date when the notice is\ngiven.\n(2) For subsection (1), the date when a notice is given is the date, or the\nearlier or earliest of the dates, when the party giving the notice—\n(a) gives it to the party to whom it is to be given; or\n(b) leaves it at the usual or last known business or home address of\nthe party to whom it is to be given; or\n(c) posts it to the person to whom it is to be given at the person’s\nusual or last-known business or home address; or\n(d) gives the notice in a way required or permitted by the provisions\nfor arbitration.\nDivision 4.3 General\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Set-off etc","content":"51 Set-off etc\nIf, in an action (the principal action), a claim is made by way of\nset-off, counterclaim or cross-action, the claim, for this Act—\n(a) is a separate action; and\n(b) is, as against a person against whom the claim is made, brought\non the only or earlier of such of the following dates as are\napplicable:\n(i) the date when he or she becomes a party to the principal\naction;\n(ii) the date when he or she becomes a party to the claim.\n\nMiscellaneous Part 4\nGeneral Division 4.3\nSection 52\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Joint right","content":"52 Joint right\nIf, were it not for this Act, 2 or more persons would have a cause of\naction jointly and, by this Act, an action on the cause of action is not\nmaintainable by 1 or more of them, an action on the cause of action\nis nonetheless maintainable by the other or others of them and\njudgment may be given accordingly.\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Joint liability","content":"53 Joint liability\nIf, were it not for this Act, 2 or more persons would be liable on a\ncause of action jointly and, by this Act, an action on the cause of\naction is not maintainable against 1 or more of them, an action on the\ncause of action is nonetheless maintainable against the other or others\nof them and judgment may be given accordingly.\n","sortOrder":54},{"sectionNumber":"54","sectionType":"section","heading":"Recovery of State or Territory revenue amounts","content":"54 Recovery of State or Territory revenue amounts\n(1) An action against a State or another Territory for recovery of a\nrevenue amount imposed, or purportedly imposed, under a law of the\nState or Territory is not maintainable if the relevant limitation period\nof the State or Territory has ended.\n(2) In subsection (1):\nrelevant limitation period, in relation to a State or another Territory,\nmeans the limitation period that would apply to an action for recovery\nof a revenue amount if the action were brought in the State or\nTerritory.\nrevenue amount means an amount of money paid voluntarily or\nunder compulsion as—\n(a) a tax, licence fee or duty imposed, or purportedly imposed,\nunder a law; or\n(b) penalty tax in relation to such a tax, licence fee or duty;\nif the amount would have been legally owing if the provision under\nwhich it was paid had been valid.\n\n","sortOrder":55},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"Part 4 Miscellaneous\nDivision 4.4 Choice of law\nSection 55\npage 46 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In subsection (1), a reference to an action against a State or another\nTerritory includes a reference to an action against an officer, a\nMinister or an authority of the State or Territory.\nDivision 4.4 Choice of law\n55 Definitions for div 4.4\nIn this division:\ncourt includes arbitrator.\nlimitation law means a law that provides for the limitation or\nexclusion of any liability or the barring of a right of action in relation\nto a claim by reference to the time when a proceeding on, or the\narbitration of, the claim is begun.\n","sortOrder":56},{"sectionNumber":"56","sectionType":"section","heading":"Characterisation of limitation laws","content":"56 Characterisation of limitation laws\nIf the substantive law of another place being a State, another Territory\nor New Zealand, is to govern a claim before a court of the Territory,\na limitation law of that place is to be regarded as part of that\nsubstantive law and applied accordingly by the court.\n","sortOrder":57},{"sectionNumber":"57","sectionType":"section","heading":"Exercise of discretion under limitation law","content":"57 Exercise of discretion under limitation law\nIf a court of the Territory exercises a discretion given under a\nlimitation law of a place being a State, another Territory or New\nZealand that discretion, as far as practicable, is to be exercised in the\nway in which it is exercised in comparable cases by the courts of that\nplace.\n\nMiscellaneous Part 4\nOther provisions Division 4.5\nSection 58\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":58},{"sectionNumber":"Div 4","sectionType":"division","heading":"5 Other provisions","content":"Division 4.5 Other provisions\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Approved forms","content":"58 Approved forms\n(1) The Minister may approve forms for this Act\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Regulation-making power","content":"59 Regulation-making power\nThe Executive may make regulations for this Act.\n\nDictionary\npage 48 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• Commonwealth\n• Corporations Act\n• home address\n• instrument (see s 14)\n• interest\n• under.\naction includes any proceeding in a court.\nadministrator—see the Administration and Probate Act 1929,\ndictionary.\ncause of action means the fact or combination of facts that gives rise\nto a right to bring a civil proceeding.\ndeed includes—\n(a) an instrument having the effect of a deed under a law in force in\nthe ACT; or\n(b) for an instrument executed under the law of any of the following\njurisdictions—an instrument having the effect of a deed under\nthe law under which it is executed:\n(i) the Commonwealth;\n(ii) a State;\n(iii) another Territory;\n(iv) the United Kingdom;\n(v) New Zealand.\n\nDictionary\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndefendant means a person against whom a cause of action lies,\nwhether or not a proceeding has been started for the cause of action.\ngovernment—see the Legislation Act 2001, section 121 (Binding\neffect of Acts).\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 ACT and of any other\nplace.\nland—see the Land Titles Act 1925, section 6 (1).\nmortgage includes—\n(a) a charge or lien on any property for securing money or money’s\nworth, other than a possessory lien on goods or any binding\neffect on property arising under an enforcement order of a court;\nand\n(b) for land registered under the Land Titles Act 1925—a charge\nwithin the meaning of that Act.\nmortgagee includes a person claiming a mortgage through an original\nmortgagee.\nmortgagor includes a person claiming property subject to a mortgage\nthrough an original mortgagor.\npersonal injury includes any disease and any impairment of the\nphysical or mental condition of a person.\npersonal representative—see the Civil Law (Wrongs) Act 2002,\ndictionary.\nplaintiff means a person who has a cause of action, whether or not a\nproceeding has been started for the cause of action.\nprincipal money, for a mortgage, means all money secured by the\nmortgage, including arrears of interest lawfully treated as principal,\nbut does not include other interest.\n\nDictionary\npage 50 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nsuccessor, for a person liable on a cause of action, means someone\non whom the person’s liability devolves, whether or not—\n(a) as personal representative or otherwise on death; or\n(b) bankruptcy, disposition of property, or ending of a limited\ninterest in property.\ntrust—\n(a) includes—\n(i) an express, implied and constructive trust, whether or not\nthe trustee has a beneficial interest in the trust property, and\nwhether or not the trust arises only because of a transaction\nimpeached; and\n(ii) the duties incident to the office of personal representative;\nbut\n(b) does not include the duties incident to the estate or interests of a\nmortgagee in mortgaged property.\nunder a disability—a person is under a disability—\n(a) while the person is under 18 years old; or\n(b) while the person is, for a continuous period of 28 days or longer,\nincapable of, or substantially impeded in, the management of his\nor her affairs in relation to the cause of action in relation to the\nlimitation period for which the question of disability arises\nbecause of—\n(i) intellectual retardation or disability, mental illness or\ndisorder, brain damage, senility or physical disability; or\n(ii) war or warlike operations; or\n(iii) circumstances arising out of war or warlike operations.\n\nEndnotes\nAbout the endnotes 1\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n","sortOrder":61},{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes","content":"1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":62},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 52 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Limitation\nOrdinance 1985 Ord1985-66 (Cwlth).\nThe ACT Self-Government (Consequential Provisions) Act 1988 A1988-109\n(Cwlth), s 12) converted some former Commonwealth ordinances in force in the\nACT into ACT enactments. This allowed the ACT Legislative Assembly to amend\nand repeal the laws. This Act was converted into an ACT enactment on 1 July 1990.\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,\ns 5 on its conversion to an ACT enactment on 1 July 1990.\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on notification\nday unless otherwise stated (see Seat of Government (Administration) Act 1910\n(Cwlth), s 25).\nCommonwealth legislation\nLimitation Act 1985 A1985-66\nnotified 19 December 1985\ncommenced 19 December 1985\nas amended by\nLegislation after becoming Territory enactment\nSelf-Government (Consequential Amendments) Ordinance 1990\nOrd1990-5 sch 1\nnotified 27 June 1990 (Gaz 1990 No 25)\ns 1, s 2 commenced 27 June 1990 (s 2 (1))\nsch 1 commenced 1 July 1990 (s 2 (2))\nCommercial Arbitration (Amendment) Act 1990 A1990-32 s 6\nnotified 2 October 1990 (Gaz 1990 No S69)\ns 1, s 2, s 6 commenced 2 October 1990 (s 2 (1))\nStatute Law Revision (Miscellaneous Provisions) Act 1992 A1992-23\nsch 1\nnotified 4 June 1992 (Gaz 1992 No S71)\ncommenced 4 June 1992\n\nEndnotes\nLegislation history 3\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Revision (Miscellaneous Provisions) Act 1993 A1993-1\nsch 1\nnotified 1 March 1993 (Gaz 1993 No S23)\ncommenced 1 March 1993\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 1\nnotified 27 August 1993 (Gaz 1993 No S165)\ncommenced 27 August 1993 (s 2)\nLimitation (Amendment) Act 1993 A1993-82 (as am by A1994-91)\nnotified 30 November 1993 (Gaz 1993 No S242)\ncommenced 30 November 1993 (s 2)\nMental Health (Consequential Provisions) Act 1994 A1994-45 sch\nnotified 7 September 1994 (Gaz 1994 No S177)\ns 1, s 2 commenced 7 September 1994 (s 2 (1))\nsch commenced 6 February 1995 (s 2 (2) and Gaz 1995 No S33)\nLimitation (Amendment) Act 1994 A1994-91\nnotified 15 December 1994 (Gaz 1994 No S280)\ncommenced 15 December 1994 (s 2)\nNote This Act only amends the Limitation (Amendment) Act 1993\nNo 82.\nLand Titles (Consequential Amendments) Act 1995 A1995-54 sch\nnotified 20 December 1995 (Gaz 1995 No S313)\ns 1, s 2 commenced 20 December 1995 (s 2 (1))\nsch commenced 20 June 1996 (s 2 (3))\nLimitation (Amendment) Act 1998 A1998-58\nnotified 27 November 1998 (Gaz 1998 No S207)\ncommenced 27 November 1998 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 223\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 223 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\n\nEndnotes\n3 Legislation history\npage 54 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nWorkers Compensation Amendment Act 2001 A2001-81 s 35\nnotified LR 28 September 2001\ns 1, s 2 commenced 28 September 2001 (LA s 75)\ns 35 commenced 1 July 2002 (s 2 (1))\nLegislation Amendment Act 2002 A2002-11 pt 2.33\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.33 commenced 28 May 2002 (s 2 (1))\nCivil Law (Wrongs) Act 2002 A2002-40 sch 3 div 3.2.9\nnotified LR 10 October 2002\ns 1, s 2 commenced 10 October 2002 (LA s 75 (1))\nsch 3 div 3.2.9 commenced 1 November 2002 (s 2 (2) and CN2002-13)\nCivil Law (Wrongs) Amendment Act 2003 (No 2) A2003-35 pt 4\nnotified LR 8 September 2003\ns 1, s 2 commenced 8 September 2003 (LA s 75 (1))\npt 4 commenced 9 September 2003 (s 2 (1))\nWorkers Compensation Amendment Act 2003 (No 2) A2003-49 s 33\nnotified LR 3 December 2003\ns 1, s 2 commenced 3 December 2003 (LA s 75 (1))\ns 33 commenced 5 April 2004 (s 2 and CN2004-7)\nStatute Law Amendment Act 2004 A2004-42 sch 3 pt 3.14\nnotified LR 11 August 2004\ns 1, s 2 commenced 11 August 2004 (LA s 75 (1))\nsch 3 pt 3.14 commenced 25 August 2004 (s 2 (1))\nHuman Rights Commission Legislation Amendment Act 2005\nA2005-41 sch 1 pt 1.9 (as am by A2006-3 amdt 1.3)\nnotified LR 1 September 2005\ns 1, s 2 commenced 1 September 2005 (LA s 75 (1))\nsch 1 pt 1.9 commenced 1 November 2006 (s 2 (3) (as am by A2006-3\namdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2\n(as am by A2006-3 s 4) and CN2006-21)\nLimitation Amendment Act 2005 A2005-64\nnotified LR 22 December 2005\ns 1, s 2 commenced 22 December 2005 (LA s 75 (1))\nremainder commenced 23 December 2005 (s 2)\n\nEndnotes\nLegislation history 3\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCivil Law (Wrongs) Amendment Act 2006 A2006-1 sch 1 pt 1.2\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\nsch 1 pt 1.2 commenced 23 February 2006 (s 2)\nHuman Rights Commission Legislation Amendment Act 2006\nA2006-3 amdt 1.3\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\namdt 1.3 commenced 23 February 2006 (s 2)\nNote This Act only amends the Human Rights Commission\nLegislation Amendment Act 2005 A2005-41\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.15\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.15 commenced 16 November 2006 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.60\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.60 commenced 12 April 2007 (s 2 (1))\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.45\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.45 commenced 17 December 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2016\n(No 2) A2016-53 pt 3\nnotified LR 25 August 2016\ns 1, s 2 taken to have commenced 23 June 2016 (LA s 75 (2))\npt 3 commenced 26 August 2016 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 pt 13\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\npt 13 commenced 24 May 2017 (s 2 (1))\n\nEndnotes\n","sortOrder":63},{"sectionNumber":"3","sectionType":"section","heading":"Legislation history","content":"3 Legislation history\npage 56 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 sch 1 pt 1.10\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\nsch 1 pt 1.10 commenced 15 August 2017 (s 2)\nMotor Accident Injuries Act 2019 A2019-12 sch 3 pt 3.6\nnotified LR 31 May 2019\ns 1, s 2 commenced 31 May 2019 (LA s 75 (1))\nsch 3 pt 3.6 commenced 1 February 2020 (s 2 (1) and CN2019-13)\nCivil Law (Wrongs) Amendment Act 2021 A2021-15 sch 1\nnotified LR 30 June 2021\ns 1, s 2 commenced 30 June 2021 (LA s 75 (1))\nsch 1 commenced 1 July 2021 (s 2)\nJustice and Community Safety Legislation Amendment Act 2022\nA2022-21 pt 7\nnotified LR 9 December 2022\ns 1, s 2 commenced 9 December 2022 (LA s 75 (1))\npt 7 commenced 10 December 2022 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.55, sch 4\npt 4.115\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.55, sch 4 pt 4.115 commenced 26 November 2025 (s 2 (3),\n(9))\n\nEndnotes\nAmendment history 4\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nDictionary\ns 2 om A2001-44 amdt 1.2649\nins A2006-42 amdt 3.119\nNotes\ns 3 om A2001-44 amdt 1.2649\nins A2006-42 amdt 3.119\nOther limitations\ns 4 am A2002-11 amdt 2.67; A2006-42 amdt 3.120\nStolen property or interest in land\ns 5 am A2006-42 amdt 3.121\nApplication of Act to governments\ns 7 am A1993-44 sch 1; ss renum R5 LA; A2002-11 amdt 2.68;\nA2006-42 amdt 3.122\nDerived rights and agency\ns 8 am Ord1990-5 s 6\nsub A2006-42 amdt 3.123\ndef action om A2006-42 amdt 3.123\ndef administrator om A2006-42 amdt 3.123\ndef cause of action am A1992-23 sch 1\nom A2006-42 amdt 3.123\ndef Crown om A2002-11 amdt 2.69\ndef deed om A2006-42 amdt 3.123\ndef defendant om A2006-42 amdt 3.123\ndef government ins A2002-11 amdt 2.70\nom A2006-42 amdt 3.123\ndef income om A2006-42 amdt 3.123\ndef judgment om A2006-42 amdt 3.123\ndef land am Ord1990-5 sch 1; A1995-54 sch\nom A2006-42 amdt 3.123\ndef mineral om A2006-42 amdt 3.123\ndef mortgage am Ord1990-5 sch 1; A1995-54 sch\nom A2006-42 amdt 3.123\ndef mortgagee om A2006-42 amdt 3.123\ndef mortgagor om A2006-42 amdt 3.123\ndef personal injury om A2006-42 amdt 3.123\ndef personal representative am Ord1990-5 sch 1\nsub A2002-40 amdt 3.30\nom A2006-42 amdt 3.123\ndef plaintiff om A2006-42 amdt 3.123\ndef principal money om A2006-42 amdt 3.123\ndef successor om A2006-42 amdt 3.123\ndef trust om A2006-42 amdt 3.123\n\nEndnotes\n4 Amendment history\npage 58 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nApplication of provisions relating to accrual date\ns 8A ins A2006-42 amdt 3.123\nPreliminary\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R5 LA\nGeneral\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R5 LA\nGeneral\ns 11 am Ord1990-5 s 6\nDeed\ns 13 am Ord1990-5 s 6\nJudgment\ns 14 am Ord1990-5 s 6\nPenalty and forfeiture\ns 15 am Ord1990-5 s 6\nCompensation to relatives\ns 16 am Ord1990-5 sch 1; A2002-40 amdt 3.31\nClaims for common law compensation for workers compensation\ns 16A ins A2001-81 s 35\nMotor accident claims\ns 16AA ins A2019-12 amdt 3.69\nOther claims for damages for personal injury\ns 16B ins A2003-35 s 58\nam A2005-64 s 4; A2019-12 amdt 3.70\nArbitral award\ns 17 am Ord1990-5 s 6\nSuccessive wrongs to goods\ns 18 am Ord1990-5 s 6\nShipping\ns 19 am Ord1990-5 s 6; A2006-42 amdt 3.124, amdt 3.125\nContribution between tortfeasors\ns 21 am Ord1990-5 s 6, sch 1; A2002-40 amdt 3.32; A2006-42\namdt 3.126\nTax, licence fee or duty or penalty tax\ns 21A ins A1993-82 s 4\nam A2006-42 amdt 3.127\n\nEndnotes\nAmendment history 4\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDefamation proceedings generally to be commenced within 1 year\ns 21B ins A1998-58 s 4\nsub A2006-1 amdt 1.3\nam A2021-15 amdt 1.1\nDefamation—single publication rule\ns 21BA ins A2021-15 amdt 1.2\nExtension of limitation period\ns 21BB ins A2021-15 amdt 1.2\nDefamation—effect of limitation law concerning electronic defamatory\npublications on other laws\ns 21BC ins A2021-15 amdt 1.2\nNo limitation period\ndiv 2.2A hdg ins A2016-53 s 8\nPersonal injury resulting from child abuse\ns 21C hdg sub A2017-14 s 38; A2022-21 s 17\ns 21C ins A2016-53 s 8\nam A2017-14 s 39, s 40; A2022-21 s 18, s 19\nMortgages\ndiv 2.3 hdg (prev pt 2 div 3 hdg) renum R5 LA\nMortgage under Land Titles Act 1925\ns 22 am Ord1990-5 sch 1; A1995-54 sch\nRedemption\ns 23 am Ord1990-5 s 6\nAction for principal, possession or foreclosure\ns 24 am Ord1990-5 s 6\nAction for interest\ns 25 am Ord1990-5 s 6\nAdjustment of interest\ns 26 am Ord1990-5 s 6\nFraud and conversion—trust property\ns 27 am Ord1990-5 s 6\nTrusts\ndiv 2.4 hdg (prev pt 2 div 4 hdg) renum R5 LA\nBeneficiaries other than plaintiff\ns 29 am Ord1990-5 s 6\nGeneral\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R5 LA\n\nEndnotes\n4 Amendment history\npage 60 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDisability\ns 30 am Ord1990-5 s 6; A2003-35 s 59\nSpecial provision for injuries to children\ns 30A ins A2003-35 s 60\n(9)-(13) exp 9 September 2008 (s 30A (12))\nam A2016-53 s 9; A2017-21 amdt 1.26, amdt 1.27; A2019-12\namdt 3.71; A2025-29 amdt 3.188\nSpecial provision in relation to children—claims relating to health services\ns 30B ins A2003-35 s 61\nam A2005-64 s 5; A2005-41 amdt 1.114; A2016-53 s 10;\nA2017-14 s 41; A2022-21 s 20\nNotice to proceed\ns 31 am Ord1990-5 s 6; A1994-45 sch\nConfirmation\ns 32 am Ord1990-5 s 6\nFraud and concealment\ns 33 am Ord1990-5 s 6, sch 1\nMistake\ns 34 am Ord1990-5 s 6\nPersonal injuries, latent damage to property and economic loss\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R5 LA\nApplication of div 3.2\ns 35 am A2003-49 s 33\nPersonal injuries\ns 36 am Ord1990-5 s 6, sch 1; A2002-40 amdt 3.33;\nA2003-35 s 62; A2004-42 amdt 3.80; A2006-42 amdt 3.128,\namdt 3.129; A2019-12 amdt 3.72\nAction against estate of deceased person\ns 37 am Ord1990-5 sch 1\nAction by estate of deceased person\ns 38 am Ord1990-5 s 6; A2006-42 amdt 3.130, amdt 3.131\nAction for compensation to relatives\ns 39 am Ord1990-5 s 6; A2006-42 amdts 3.132-3.134\nLatent damage to property and economic loss\ns 40 am Ord1990-5 s 6; A2006-42 amdt 3.135, amdt 3.136\nMiscellaneous\npt 4 hdg (prev pt 5 hdg) renum A1993-82 s 5\nExtinction of right and title\ndiv 4.1 hdg (prev pt 4 div 1 hdg) renum R5 LA\n\nEndnotes\nAmendment history 4\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPossessory lien\ns 44 am Ord1990-5 s 6\nExtinction of right or title must be alleged in proceedings\ns 45 am Ord1990-5 s 6\nArbitration\ndiv 4.2 hdg (prev pt 4 div 2 hdg) renum R5 LA\nApplication of Act to arbitration\ns 47 hdg am Ord1990-5 notes\nCommencement of arbitration\ns 49 am Ord1990-5 s 6; A2006-42 amdt 3.137; A2009-49 amdt\n3.106\nExtension of limitation period\ns 50 om A1990-32 s 6\nSet-off etc\ns 51 am Ord1990-5 s 6\nGeneral\ndiv 4.3 hdg (prev pt 4 div 3 hdg) renum R5 LA\nRecovery of State or Territory revenue amounts\ns 54 orig s 54 om A1993-1 sch 1\nins A1993-82 s 6\nam A2006-42 amdt 3.138\nChoice of law\ndiv 4.4 hdg (prev pt 4 div 4 hdg) ins A1993-82 s 6\nrenum R5 LA\nDefinitions for div 4.4\ns 55 ins A1993-82 s 6\nCharacterisation of limitation laws\ns 56 ins A1993-82 s 6\nExercise of discretion under limitation law\ns 57 ins A1993-82 s 6\nOther provisions\ndiv 4.5 hdg ins A2003-35 s 63\nApproved forms\ns 58 ins A2003-35 s 63\nam A2006-42 amdt 3.139; A2025-29 amdt 4.115\nRegulation-making power\ns 59 ins A2003-35 s 63\nam A2025-29 amdt 4.116\n\nEndnotes\n","sortOrder":64},{"sectionNumber":"4","sectionType":"section","heading":"Amendment history","content":"4 Amendment history\npage 62 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nTransitional\npt 5 hdg ins A2005-64 s 6\nApplication of s 21B—Civil Law (Wrongs) Amendment Act 2005\ns 60 renum as s 101\nApplication of amendments made by Civil Law (Wrongs) Amendment Act\n2003 (No 2)\ns 100 ins A2005-64 s 6\nexp 23 December 2010 (s 100 (2) (LA s 88 declaration\napplies))\nApplication of s 21B—Civil Law (Wrongs) Amendment Act 2005\ns 101 (prev s 60) ins A2006-1 amdt 1.4\nrenum as s 101 R13 LA\nexp 23 February 2009 (s 101 (6) (LA s 88 declaration applies))\nTransitional—Civil Law (Wrongs) Amendment Act 2021\npt 6 hdg ins A2021-15 amdt 1.3\nexp 1 July 2024 (s 103)\nApplication of amendments made by Civil Law (Wrongs) Amendment Act\n2021 to publication of defamatory matter\ns 102 ins A2021-15 amdt 1.3\nexp 1 July 2024 (s 103)\nExpiry—pt 6\ns 103 ins A2021-15 amdt 1.3\nexp 1 July 2024 (s 103)\nAmendments of Acts\nsch om A2001-44 amdt 1.2649\nDictionary\ndict ins A2006-42 amdt 3.140\nam A2009-49 amdt 3.107; A2021-15 amdt 1.4\ndef action ins A2006-42 amdt 3.140\ndef administrator ins A2006-42 amdt 3.140\nsub A2007-3 amdt 3.333\ndef cause of action ins A2006-42 amdt 3.140\ndef deed ins A2006-42 amdt 3.140\ndef defendant ins A2006-42 amdt 3.140\ndef government ins A2006-42 amdt 3.140\ndef income ins A2006-42 amdt 3.140\ndef judgment ins A2006-42 amdt 3.140\ndef land ins A2006-42 amdt 3.140\ndef mortgage ins A2006-42 amdt 3.140\ndef mortgagee ins A2006-42 amdt 3.140\ndef mortgagor ins A2006-42 amdt 3.140\ndef personal injury ins A2006-42 amdt 3.140\ndef personal representative ins A2006-42 amdt 3.140\n\nEndnotes\nAmendment history 4\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 63\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef plaintiff ins A2006-42 amdt 3.140\ndef principal money ins A2006-42 amdt 3.140\ndef successor ins A2006-42 amdt 3.140\ndef trust ins A2006-42 amdt 3.140\ndef under a disability ins A2006-42 amdt 3.140\n\nEndnotes\n5 Earlier republications\npage 64 Limitation Act 1985\nEffective: 26/11/25\nR28\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":65},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1990-32 31 May 1991\n2 A1993-44 31 August 1993\n3 A1994-45 6 February 1995\n4 A1998-58 31 March 1999\n5 A2001-81 11 January 2002\n6 A2002-11 31 May 2002\n7 A2002-11 1 July 2002\n8 A2002-40 1 November 2002\n9 A2003-35 9 September 2003\n9 (RI) A2003-35 † 18 September 2003\n10 A2003-49 5 April 2004\n11 A2004-42 25 August 2004\n12 A2005-64 23 December 2005\n13 A2006-3 23 February 2006\n14 A2006-3 1 November 2006\n15 A2006-42 16 November 2006\n16 A2007-3 12 April 2007\n17* A2007-3 10 September 2008\n18 A2007-3 24 February 2009\n19 A2009-49 17 December 2009\n\nEndnotes\nExpired transitional or validating provisions 6\nR28\n26/11/25\nLimitation Act 1985\nEffective: 26/11/25\npage 65\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication No Amendments to Republication date\n20 A2009-49 24 December 2010\n21 A2016-53 26 August 2016\n22 A2017-14 24 May 2017\n23 A2017-21 15 August 2017\n24 A2019-12 1 February 2020\n25 A2021-15 1 July 2021\n26 A2022-21 10 December 2022\n27 A2022-21 2 July 2024\n† Reissue includes additional editorial amendments under Legislation Act and\ntextual correction\n","sortOrder":66},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions","content":"6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2025","sortOrder":67}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered since its original enactment by multiple amendments that added, removed or clarified limitation rules for specific subject-matter. Notable scope additions in the text include a one-year rule for defamation (s 21B, inserted by A1998-58—see amendment history), later defamation provisions giving a single-publication rule and court extension powers (ss 21BA–21BC, inserted by A2021-15), a no-limitation rule for personal injury from child abuse (s 21C, inserted by A2016-53), and a specific motor-accident common-law limitation period (s 16AA, inserted by A2019-12). The Act also shows expanded judicial discretions for personal injury, latent damage and estate claims (see ss 36, 38–40) added or amended over time. These amendments changed the Act from a simpler statutory framework of fixed limitation periods into a more layered regime combining fixed periods, discovery rules, tolling exceptions and broad judicial powers to extend time in defined categories (see the amendment history in the endnotes and the cited sections)."},"complexity_factors":["Multiple different limitation periods across many categories of claims (e.g. ss 11, 13–16, 16A, 16AA, 16B, 21B, 21C).","Numerous tolling, suspension and discovery rules that change accrual calculations (disability s 30; fraud/concealment s 33; mistake s 34; trusts s 27).","Widespread judicial discretion to extend limitation periods with prescribed factors to consider (ss 36, 38–40), creating case-by-case outcomes.","Cross-references and interactions with other statutes and regimes (e.g. Motor Accident Injuries Act, Civil Law (Wrongs) Act and other ACT laws) that affect which clock applies (s 4; ss 16AA, 21BA).","Special property effects, including extinction of title and survivals for liens and pleadings (ss 43–45), which change proprietary rights beyond procedural bars.","Application to arbitration and the need to identify commencement under arbitral provisions (div 4.2, ss 47–49).","Procedural requirements and administrative rules (notice-to-proceed s 31; child-claim notices and record/examination duties s 30A; approved forms s 58).","Amendment history and inserted special rules (e.g. defamation rules and child-abuse exception) increasing statutory layering and interpretation complexity (see endnotes/amendment history)."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act sets time limits (limitation periods) for starting civil legal claims in the Australian Capital Territory and describes when those time limits stop running, are paused, or can be extended. It tells courts, claimants and defendants how long a person has to bring different kinds of civil actions and the rules that change those time limits. (See generally part 2 and part 3.)\n\nKey mechanical changes the Act makes\n\n- It imposes default limitation periods so a claimant can no longer start certain proceedings after a specified time has passed (for example, 6 years for most causes of action (s 11); 12 years for actions founded on a deed or on a judgment (ss 13–14); 2 years for penalties or forfeitures (s 15)).\n- It creates special limitation periods for particular categories of claims (for example, motor-accident common-law claims 5 years (s 16AA); most other personal-injury claims 3 years from knowledge or event (s 16B); defamation generally 1 year with limited extensions (ss 21B, 21BB)).\n- It provides exceptions and tolling rules that pause or extend the running of limitation periods in particular circumstances (disability—s 30; fraud or deliberate concealment—s 33; mistake—s 34; discovery rules for trust-fraud—s 27). These are mechanical rules that alter the calculation of when a bar takes effect.\n- It gives courts express power to extend limitation periods in defined situations (for personal injury—s 36; actions by or against estates—ss 37–39; latent property damage and economic loss—s 40). The statutory factors the court must consider are listed in the relevant sections (for example s 36(3)).\n- It extinguishes certain property-based rights if limitation runs (title to goods is extinguished when the relevant limitation period ends (s 43)), subject to specific survivals such as possessory liens (s 44) and rules requiring parties to plead extinction (s 45).\n- It applies the same time rules to arbitration as to court proceedings (div 4.2, ss 47–49) and sets out choice-of-law rules when the substantive law of another place governs (div 4.4, ss 55–57).\n- It preserves that other ACT laws can set different limitation periods (s 4) and reserves special treatment for government claims in a limited way (s 7).\n\nWho is affected and who decides\n\n- Claimants: the Act limits when they can start an action; a failure to act within the statutory period can extinguish their right or title (see ss 11, 43). Claimants bear timing risk and, in some cases, procedural obligations such as giving specified notices for claims involving children (s 30A) or complying with pre-court notice regimes referenced by the Act (see s 30A and s 21BA’s reference to the concerns notice in the Civil Law (Wrongs) Act 2002).\n- Defendants: gain finality if the limitation period has run; they can raise the bar as a defence, and certain statutory mechanisms (for example the court must consider prejudice to a defendant when deciding extensions—see s 36(3)(b) and s 40(2)(c)).\n- Courts: exercise significant discretionary power to extend limitation periods in defined classes of cases (ss 36, 38–40). The Act lists the matters courts must consider when using that discretion (e.g. s 36(3) lists length/reasons for delay, prejudice to defendant, conduct of defendant, disability, promptness once facts known, and steps taken for expert advice).\n- Executive/administration: the Minister may approve required forms (s 58) and the Executive may make regulations (s 59), introducing administrative choices about process and required information.\n\nWhy it matters (mechanisms, incentives and trade-offs)\n\n- Certainty and finality: the Act concentrates the benefit of finality in defendants and those holding property subject to claims (ss 11, 43). That reduces indefinite exposure to old claims but shifts the risk of loss to claimants who delay.\n- Incentives to act and to preserve evidence: by creating fixed windows and by authorising courts to consider prejudice from delay, the Act incentivises claimants to investigate and bring claims promptly and to preserve evidence; it incentivises defendants to record and expose relevant facts early (s 36(3)(c) and s 40(2)(d)).\n- Administrative and compliance burden on claimants: some provisions require formal notice or co-operation (child-claim notices and record-exchange duties at ss 30A(2), (5); notice-to-proceed served on guardians at s 31). Those create measurable compliance tasks before or during litigation.\n- Judicial discretion and implementation risk: broad judicial discretion to extend limitation periods (ss 36, 38–40) introduces case-by-case uncertainty for parties and places administrative and evidentiary burdens on courts to weigh delay, prejudice and evidence availability.\n- Concentrated benefits and diffuse costs: beneficiaries of limitation (defendants, owners who acquire goods without notice) receive concentrated legal advantage (for example s 33 protects good purchasers in some fraud/concealment situations). Costs—lost legal claims or lost recovery—are diffused among potentially many claimants who miss deadlines.\n- Interaction with other laws: the Act defers to other ACT laws that fix limitation periods (s 4) and provides specific rules for causes of action under other legislation (for example motor-accident claims—s 16AA—or workers-compensation-related claims—s 16A). That creates coordination obligations for lawyers and litigants about which statutory clock applies.\n\nSpecific compliance and behaviour points (source sections cited)\n\n- Main default period: 6 years from accrual for most causes of action (s 11).\n- Shorter or longer special periods: e.g. deeds and judgments 12 years (ss 13–14); penalties 2 years (s 15); defamation 1 year plus limited extensions and single-publication rules (ss 21B, 21BA–21BC); no limitation for child-abuse personal-injury claims (s 21C).\n- Tolling/suspension: disability suspends running (s 30); fraud/concealment and mistake pause running until discovery (ss 33–34); confirmation or payment can reset the clock in some circumstances (s 32).\n- Judicial extension: courts may extend for personal injury (s 36), for estates (ss 38–39), for latent property damage/economic loss up to a statutory cap (s 40), and the Act lists factors courts must weigh (see s 36(3), s 40(2)).\n- Effect on property rights: title to goods can be extinguished on expiry (s 43), subject to possessory lien protection (s 44) and pleading requirements to rely on extinction in proceedings (s 45).\n\nIn short: the Act translates policy choices about how long legal exposure should last into precise legal clocks and a set of mechanical exceptions and judicial discretions. Who pays (the claimant who misses the period), who decides (courts and, for procedural matters, the Minister/Executive), the compliance tasks (notices, record disclosure, prompt commencement), and the risks from delayed or lost evidence are all specified in the text (see the cited sections above)."},"kimi_summary":{"_metrics":{"completionTokens":752},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1985 scope. Major expansions include: (1) removal of limitation periods for child abuse claims (2016, expanded 2017, 2022); (2) comprehensive defamation regime with single publication rule (2021); (3) motor accident claims integration (2019); (4) detailed pre-court procedures for children's claims (2003-2005); (5) latent damage and economic loss provisions (1993); and (6) choice of law rules for interstate/NZ claims (1993). The original simple limitation statute has become a complex regime with substantial carve-outs and extensions."},"complexity_factors":["Multiple overlapping limitation periods for similar claims (e.g., personal injury has at least 5 different sections: 16, 16A, 16AA, 16B, 21C)","Extensive cross-referencing to other ACT legislation (Civil Law (Wrongs) Act 2002, Workers Compensation Act 1951, Motor Accident Injuries Act 2019, etc.)","Nested conditional logic in extension provisions (e.g., section 36 personal injury extensions with 6 specific factors courts must consider)","Multiple accrual date rules that differ by claim type (e.g., defamation uses publication date, latent damage uses discovery date)","Complex disability provisions with different extension periods for different claim types (2 years vs 3 years)","Detailed procedural requirements for children's claims including notice provisions and medical examination requirements (sections 30A, 30B)","Defamation provisions include single publication rule with materially different manner test and electronic publication date rules","Choice of law provisions (Division 4.4) requiring characterisation of foreign limitation laws","Mortgage provisions with separate rules for principal, interest, possession and redemption","Trust provisions with fraud exception and tracing rules"],"plain_english_summary":"This Act sets **time limits (limitation periods)** for bringing civil lawsuits in the ACT. If you wait too long, you lose your right to sue.\n\n**Key time limits:**\n- **General claims**: 6 years from when the cause of action arises\n- **Claims based on a deed**: 12 years\n- **Claims to enforce a court judgment**: 12 years\n- **Personal injury claims**: 3 years (with extensions possible in some cases)\n- **Motor accident claims**: 5 years\n- **Defamation**: 1 year (extendable to 3 years by court order)\n- **Child abuse claims**: **No time limit at all** (section 21C)\n\n**Who it affects:** Anyone wanting to sue for debts, property disputes, personal injuries, defamation, trust breaches, or mortgage enforcement in the ACT.\n\n**Important exceptions and extensions:**\n- **Disability**: Time stops running if you're under 18 or have certain incapacities\n- **Fraud or concealment**: Clock starts when you discover (or should discover) the fraud\n- **Children's health service claims**: Special 6-year rules with possible extensions\n- **Latent damage**: Courts can extend time for hidden property damage or economic loss up to 15 years\n\n**What happens if time runs out:** The defendant can raise the limitation as a defence, and the court must dismiss the claim. In some cases (like goods), your legal title to the property is actually extinguished.\n\n**Why it matters:** This Act balances giving injured people time to sue with protecting defendants from stale claims where evidence may be lost or memories faded."}},"importantCases":[],"_links":{"self":"/api/acts/limitation-act-1985","history":"/api/acts/limitation-act-1985/history","analysis":"/api/acts/limitation-act-1985/analysis","conflicts":"/api/acts/limitation-act-1985/conflicts","importantCases":"/api/acts/limitation-act-1985/important-cases","documents":"/api/acts/limitation-act-1985/documents"}}