{"id":"limitation-actions-act-1958","name":"Limitation of Actions Act 1958","slug":"limitation-of-actions-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177935,"registerId":"vic-limitation-actions-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"27P","sectionType":"section","heading":"No limitation period for certain actions 58","content":"27P No limitation period for certain actions 58\n\n","sortOrder":0},{"sectionNumber":"27Q","sectionType":"section","heading":"No long-stop limitation period for certain actions arising under Part III of the Wrongs Act 1958 58","content":"27Q No long-stop limitation period for certain actions arising under Part III of the Wrongs Act 1958 58\n\n27QA Action may be brought on previously barred cause of action, certain other causes of action or previously settled cause of action 58\n\n27QB Application to court to set aside previous judgments 59\n\n27QC Court's powers—set aside previous judgments 60\n\n27QD Application to court to set aside previously settled causes of action 60\n\n27QE Court's powers—previously settled causes of action 61\n\n27QF Recovery of amounts under previous judgment or previous settlement agreement which is set aside 62\n\n27R Interaction with other powers of court 63\n\n27S Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020 63\n\n27T Transitional provision—Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026 64\n\nPart III—General 65\n\n28 Application of Act to arbitrations 65\n\n29 Applications for foreclosure under Transfer of Land Act 1958 66\n\n30 Provisions as to set-off or counterclaim 67\n\n31 Acquiescence 67\n\n32 Application to the Crown 67\n\n33 Saving 67\n\n34 Abrogation of rule in Weldon v. Neal (1887) 19 Q.B.D. 394 68\n\n35 Provisions as to actions already barred and pending actions 68\n\n36 Supreme Court—limitation of jurisdiction 69\n\n37 Supreme Court—limitation of jurisdiction 69\n\n38 Supreme Court—limitation of jurisdiction 69\n\n38A Supreme Court—limitation of jurisdiction 69\n\n38B Supreme Court—limitation of jurisdiction 70\n\n38C Regulations 70\n\n39 Transitional 70\n\n39A Transitional—2004 amending Act 70\n\n39B Transitional—2023 amending Act 70\n\n40 Saving 71\n\n41 Transitional provision—State Taxation Further Amendment Act 2025 71\n\nSchedule 72\n\nEndnotes 73\n\n1 General information 73\n\n2 Table of Amendments 75\n\n3 Explanatory details 80\n\n**Version No.** **112**\n\n**Limitation of Actions Act 1958**\n\n**No. 6295 of 1958**\n\nVersion incorporating amendments as at  \n\nAn Act to consolidate the Law relating to the Limitation of Time for commencing Actions and Arbitrations.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\nS. 1  \namended by No. 57/1989  \ns. 3(Sch. item 118.1).\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement","content":"\t1 Short title and commencement\n\nThis Act may be cited as the **Limitation of Actions Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Repeals and savings","content":"\t2 Repeals and savings\n\n(1) The Acts mentioned in the Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.\n\n(2) Except as in this Act expressly or by necessary implication provided—\n\n(a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under either of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;\n\n(b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuing of status operation or effect of any proceeding order award disability interest claim postponement arbitration notice determination acknowledgment submission consent liability or right made effected issued granted given presented fixed accrued incurred or acquired or existing or continuing by or under either of such Acts before the commencement of this Act.\n\nNo. 5914 s. 3.\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act unless inconsistent with the context or subject-matter—\n\nS. 3(1) def. of *action* amended by No. 26/2023 s. 73.\n\n***action*** includes any proceeding in a court of law or in VCAT;\n\nS. 3(1) def. of *arbitration agreement* inserted by No. 10167 s. 3(1), amended by No. 50/2011 s. 46(Sch. item 11.1).\n\n***arbitration agreement*** has the same meaning as in the **Commercial Arbitration Act 2011**;\n\n***land*** includes corporeal hereditaments and rentcharges and any legal or equitable estate or interest therein including an interest in the proceeds of the sale of land held upon trust for sale, but save as aforesaid does not include any incorporeal hereditament;\n\n***personal estate*** and ***personal property*** do not include chattels real;\n\n***personal injuries*** includes any disease and any impairment of a person's physical or mental condition;\n\n***rent*** includes a rentcharge and a rentservice;\n\n***rentcharge*** means any annuity or periodical sum of money charged upon or payable out of land, except a rentservice or interest on a mortgage on land;\n\n***settled land* *statutory owner* *tenant for life*** and ***terms of years absolute*** have the same meanings respectively as in the **Settled Land Act 1958**;\n\nS. 3(1) def. of *submission* repealed by No. 10167 s. 3(1).\n\n***trust* *trustee*** and ***trust for sale*** have the same meaning respectively as in the **Trustee Act 1958**.\n\nS. 3(2) amended by Nos 9075 s. 5(1), 9427 s. 5(Sch. 4 item 6).\n\n(2) For the purposes of this Act a person shall be deemed to be under a disability while he is a minor or of unsound mind.\n\nS. 3(3) amended by No. 9884 s. 2, substituted by No. 59/1986 s. 143(2), amended by No. 52/1998 s. 311(Sch. 1 item 50), substituted by No. 13/2019 s. 221(Sch. 1 item 27.1).\n\n(3) Without limiting the meaning of ***unsound mind***,  a person is conclusively presumed tobe of unsound mind if the person is a represented person within the meaning of the **Guardianship and Administration Act 2019**.\n\n(4) A person shall be deemed to claim through another person if he became entitled by, through, under, or by the act of that other person to the right claimed:\n\nProvided that a person becoming entitled to any estate or interest by virtue of a special power of appointment shall not be deemed to claim through the appointor.\n\n(5) References in this Act to a right of action to recover land shall include references to a right to enter into possession of the land; and references to the bringing of such an action shall include references to the making of such an entry.\n\n(6) References in this Act to the possession of land shall, in the case of rentcharges, be construed as references to the receipt of the rent; and references to the date of dispossession or discontinuance of possession of land shall, in the case of rentcharges, be construed as references to the date of the last receipt of rent.\n\n(7) In Part II of this Act references to a right of action shall include references to a cause of action and to a right to receive money secured by a mortgage or charge on any property or to recover proceeds of the sale of land, and to a right to receive a share or interest in the personal estate of a deceased person; and references to the date of the accrual of a right of action shall—\n\n(a) in the case of an action for an account be construed as references to the date on which an account is claimed;\n\n(b) in the case of an action upon a judgment be construed as references to the date on which the judgment became enforceable;\n\n(c) in the case of an action to recover arrears of rent or interest or damages in respect thereof be construed as references to the date on which the rent or interest became due.\n\nPart I—Periods of limitation\n\nPt 1 Div. 1 (Heading) inserted by No. 76/2004 s. 4(1)(a).\n\n","sortOrder":4},{"sectionNumber":"Div 1","sectionType":"division","heading":"Application","content":"Division 1—Application\n\nNo. 5914 s. 4.\n\nS. 4 substituted by No. 8300 s. 2.\n\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act","content":"\t4 Application of Act\n\nThe provisions of this Part have effect subject to the provisions of Part II.\n\nHeading preceding s. 5 substituted as Pt 1 Div. 2 (Heading) by No. 76/2004 s. 4(1)(b).\n\n","sortOrder":6},{"sectionNumber":"Div 2","sectionType":"division","heading":"Actions of contract, tort etc.","content":"Division 2—Actions of contract, tort etc.\n\nNo. 5914 s. 5.\n\n","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Contracts and torts","content":"\t5 Contracts and torts\n\n(1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued—\n\nS. 5(1)(a) amended by Nos 9884 s. 3(a)(i)(ii), 52/2002 s. 3(1)(a)(b), 75/2005 s. 47(1).\n\n(a) Subject to subsections (1AAA), (1AA) and (1A), actions founded on simple contract (including contract implied in law) or actions founded on tort including actions for damages for breach of a statutory duty;\n\n(b) Actions to enforce a recognizance;\n\n(c) Actions to enforce an award, where the submission is not by an instrument under seal;\n\n(d) Actions to recover any sum recoverable by virtue of enactment, other than a penalty or forfeiture or sum by way of penalty or forfeiture.\n\nS. 5(1AAA) inserted by No. 75/2005 s. 47(2).\n\n(1AAA) An action for defamation must not be brought after the expiration of 1 year from the date of the publication of the matter complained of.\n\nS. 5(1AAB) inserted by No. 35/2020 s. 40.\n\n(1AAB) The 1-year limitation period referred to in subsection (1AAA) is taken to have been extended as provided by subsection (1AAC) if a concerns notice is given to the proposed defendant on a day (the ***notice day***) within the period of 56 days before the limitation period expires.\n\nS. 5(1AAC) inserted by No. 35/2020 s. 40.\n\n(1AAC) The limitation period is extended for an additional period of 56 days minus any days remaining after the notice day until the 1‑year limitation period expires.\n\n**Example**\n\nAssume a concerns notice is given 7 days before the limitation period expires. This means that there are 6 days left after the notice day before the period expires. Consequently, this subsection would operate to extend the limitation period by 56 minus 6 days, that is, 50 days.\n\nS. 5(1AAD) inserted by No. 35/2020 s. 40.\n\n(1AAD) In subsections (1AAB) and (1AAC)—\n\n***concerns notice*** has the same meaning as in the **Defamation Act 2005**;\n\n***date of publication***, in relation to the publication of matter in electronic form, means the day on which the matter was first uploaded for access or sent electronically to a recipient.\n\nS. 5(1AA) inserted by No. 52/2002 s. 3(2).\n\n(1AA) Subject to subsection (1A), an action for damages in respect of personal injuries must not be brought after the expiration of 3 years from the date on which the cause of action accrued.\n\nS. 5(1A) inserted by No. 9884 s. 3(b), amended by Nos 21/1989 s. 3(a), 52/2002 s. 3(3).\n\n(1A) An action for damages for negligence nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff consist of or include damages in respect of personal injuries consisting of a disease or disorder contracted by any person may be brought not more than 3 years from, and the cause of action shall be taken to have accrued on, the date on which the person first knows—\n\n(a) that he has suffered those personal injuries; and\n\n(b) that those personal injuries were caused by the act or omission of some person.\n\nS. 5(1B) inserted by No. 21/1989 s. 3(b).\n\n(1B) Subsection (1A) as amended by the **Limitation of Actions (Amendment) Act 1989** applies to each case where the date on which a person first knew the matters specified in paragraph (a) and (b) of that subsection is within six years before the commencement of that Act.\n\nS. 5(1C) inserted by No. 21/1989 s. 3(b).\n\n(1C) Subsections (1A) and (1B) apply despite anything to the contrary in this or any other Act.\n\n(2) An action for an account shall not be brought in respect of any matter which arose more than six years before the commencement of the action.\n\n(3) An action upon a bond or other specialty shall not be brought after the expiration of fifteen years from the date on which the cause of action accrued:\n\nProvided that this subsection shall not affect any action for which a shorter period of limitation is prescribed by any other provision of this Act.\n\n(4) An action shall not be brought upon any judgment after the expiration of fifteen years from the date on which the judgment became enforceable.\n\n(5) (a) An action to recover any penalty or forfeiture or sum by way of penalty or forfeiture recoverable by virtue of any enactment shall not be brought after the expiration of two years from the date on which the cause of action accrued.\n\n(b) In this subsection ***penalty*** does not include a fine to which any person is liable on conviction of a criminal offence.\n\nS. 5(6) repealed by No. 9884 s. 3(c).\n\n(7) Save as otherwise expressly provided an action shall not be brought to recover any arrears of interest in respect of any sum of money whether payable in respect of a specialty, judgment, legacy, mortgage or otherwise, or any damages in respect of such arrears, after the expiration of six years after they became due.\n\n(8) This section shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief, except in so far as any provision thereof may be applied by the Court by analogy in like manner as the enactment corresponding to that provision was applied before the repeal of that enactment by the **Limitation of Actions Act 1955**.\n\nS. 5(9) inserted by No. 60/2003 s. 11.\n\n(9) Despite subsection (1C), this section does not apply to an action to which Part IIA applies.\n\nS. 5A inserted by No. 35/2020 s. 41.\n\n","sortOrder":8},{"sectionNumber":"5A","sectionType":"section","heading":"Defamation—single publication rule","content":"\t5A Defamation—single publication rule\n\n(1) This section applies if—\n\n(a) a person (the ***first publisher***) publishes matter to the public that is alleged to be defamatory (the ***first publication***); and\n\n(b) the first publisher or an associate of the first publisher subsequently publishes (whether or not to the public) matter that is substantially the same.\n\n(2) Any cause of action for defamation against the first publisher or an associate of the first publisher in respect of the subsequent publication is to be treated as having accrued on the date of the first publication for the purposes of determining when—\n\n(a) the limitation period applicable under section 5(1AAA) to (1AAC) begins; or\n\n(b) the 3-year period referred to in section 23B(2) begins.\n\nFor extensions of time, see Division 2A of Part II.\n\n(3) Subsection (2) does not apply in relation to the subsequent publication if the manner of that publication is materially different from the manner of the first publication.\n\n(4) In determining whether the manner of a subsequent publication is materially different from the manner of the first publication, the considerations to which the court may have regard include (but are not limited to)—\n\n(a) the level of prominence that a matter is given; and\n\n(b) the extent of the subsequent publication.\n\n(5) This section does not limit the power of a court under section 23B to extend the limitation period applicable under section 5(1AAA) to (1AAC).\n\n(6) In this section—\n\n***associate*** of a first publisher means—\n\n(a) an employee of the publisher; or\n\n(b) a person publishing matter as a contractor of the publisher; or\n\n(c) an associated entity (within the meaning of section 50AAA of the Corporations Act) of the publisher (or an employee or contractor of the associated entity);\n\n***date of first publication***, in relation to the publication of matter in electronic form, means the day on which the matter was first uploaded for access or sent electronically to a recipient;\n\n***public*** includes a section of the public.\n\nS. 5B inserted by No. 35/2020 s. 41.\n\n","sortOrder":9},{"sectionNumber":"5B","sectionType":"section","heading":"Defamation—effect of limitation law concerning electronic publications on other laws","content":"\t5B Defamation—effect of limitation law concerning electronic publications on other laws\n\n(1) This section applies in respect of any requirement under section 5(1AAA) to (1AAC) or 5A for the date of publication of a matter in electronic form to be determined by reference to the day on which the matter was first uploaded for access or sent electronically to a recipient.\n\n(2) A requirement to which this section applies is relevant only for the purpose of determining when a limitation period begins and for no other purpose.\n\n(3) Without limiting subsection (2), a requirement to which this section applies is not relevant for—\n\n(a) establishing whether there is a cause of action for defamation; or\n\n(b) the choice of law to be applied for a cause of action for defamation.\n\nNo. 5914 s. 6.\n\n","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Successive conversions of goods","content":"\t6 Successive conversions of goods\n\n(1) Where—\n\n(a) any cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person; and\n\n(b) before he recovers possession of the chattel, a further conversion or wrongful detention takes place—\n\nno action shall be brought in respect of the further conversion or detention after the expiration of six years from the accrual of the cause of action in respect of the original conversion or detention.\n\n(2) Where—\n\n(a) any such cause of action has accrued to any person; and\n\n(b) the period prescribed for bringing that action and for bringing any action in respect of such a further conversion or wrongful detention as aforesaid has expired; and\n\n(c) he has not during that period recovered possession of the chattel—\n\nhis title to the chattel shall be extinguished.\n\nHeading preceding s. 7 substituted as Pt 1 Div. 3 (Heading) by No. 76/2004 s. 4(1)(c).\n\n","sortOrder":11},{"sectionNumber":"Div 3","sectionType":"division","heading":"Actions to recover land and rent","content":"Division 3—Actions to recover land and rent\n\nNo. 5914 s. 7.\n\n","sortOrder":12},{"sectionNumber":"7","sectionType":"section","heading":"No title by adverse possession against Crown","content":"\t7 No title by adverse possession against Crown\n\nNotwithstanding any law or enactment now or heretofore in force in Victoria, the right title or interest of the Crown to or in any land shall not be and shall be deemed not to have been in any way affected by reason of any possession of such land adverse to the Crown, whether such possession has or has not exceeded sixty years.\n\nS. 7A  \ninserted by No. 120/1993 s. 77, amended by Nos 104/1997 s. 50(a)(b), 54/2001 s. 39(a)(b), 6/2010 s. 203(1)  \n(Sch. 6 item 28) (as amended by No. 45/2010 s. 22).\n\n","sortOrder":13},{"sectionNumber":"7A","sectionType":"section","heading":"No title by adverse possession against PTC or Victorian Rail Track","content":"\t7A No title by adverse possession against PTC or Victorian Rail Track\n\nDespite any rule of law or provision made by or under this or any other Act but without limiting section 7, the right, title or interest of Victorian Rail Track within the meaning of section 3 of the **Transport Integration Act 2010** to or in any land is not, and must be taken never to have been, affected by reason only of any possession of that land adverse to Victorian Rail Track, irrespective of the period of that possession.\n\nS. 7AB inserted by No. 85/2006 s. 161, amended by No. 29/2011 s. 3(Sch. 1 item 51), substituted by No. 17/2012 s. 90.\n\n\t7AB No title by adverse possession against water authorities\n\nDespite any rule of law or provision made by or under this or any other Act, but without limiting section 7, the right, title or interest of an Authority, within the meaning of the **Water Act 1989** to or in any land is not affected by any possession of that land adverse to the Authority irrespective of the period of that possession.\n\nS. 7B inserted by No. 76/2004 s. 3.\n\n","sortOrder":14},{"sectionNumber":"7B","sectionType":"section","heading":"No title by adverse possession against Councils","content":"\t7B No title by adverse possession against Councils\n\n(1) Despite any rule of law or provision made by or under this or any other Act, but without limiting section 7, the title of a Council to council land is not affected by reason only of any possession of that land adverse to the Council, irrespective of the period of that possession.\n\n(2) This section does not apply to a possession of council land adverse to a Council if—\n\n(a) an application for title to all or part of that council land based on that adverse possession is made to the Registrar before, or within 12 months after, this section commences; and\n\n(b) that adverse possession is for more than 15 years.\n\n(3) In this section—\n\nS. 7B(3) def. of *Council* amended by No. 9/2020 s. 390(Sch. 1 item 61).\n\n***Council*** has the same meaning as in the **Local Government Act 2020**;\n\n***council land*** means land of which a Council is a registered proprietor under the **Transfer of Land Act 1958**;\n\n***registered proprietor*** and ***Registrar*** have the same meanings as in the **Transfer of Land Act 1958**.\n\nS. 7C  \ninserted by No. 69/2006 s. 222.\n\n","sortOrder":15},{"sectionNumber":"7C","sectionType":"section","heading":"Adverse possession of common property","content":"\t7C Adverse possession of common property\n\n(1) Despite any rule of law or provision made by or under this or any other Act but without limiting section 7, the right, title and interest of an owners corporation, or an owner of a lot affected by the owners corporation, in land which is common property affected by the owners corporation is not affected by reason only of any possession of that land adverse to the owners corporation or the lot owner by another owner of a lot affected by the owners corporation, irrespective of the period of that possession.\n\n(2) Words and expressions used in this section have the same meanings as they have in the **Owners Corporations Act 2006**.\n\nNo. 5914 s. 8.\n\n","sortOrder":16},{"sectionNumber":"8","sectionType":"section","heading":"Action to recover land","content":"\t8 Action to recover land\n\nNo action shall be brought by any person to recover any land after the expiration of fifteen years from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, to that person:\n\nProvided that if the right of action first accrued to the Crown the action may be brought at any time before the expiration of fifteen years from the date on which the right of action accrued to some person other than the Crown.\n\nNo. 5914 s. 9.\n\n","sortOrder":17},{"sectionNumber":"9","sectionType":"section","heading":"Accrual of right of action in case of present interests in land","content":"\t9 Accrual of right of action in case of present interests in land\n\n(1) Where the person bringing an action to recover land or some person through whom he claims—\n\n(a) has been in possession thereof; and\n\n(b) has while entitled thereto been dispossessed or discontinued his possession—\n\nthe right of action shall be deemed to have accrued on the date of the dispossession or discontinuance.\n\n(2) Where—\n\n(a) any person brings an action to recover any land of a deceased person, whether under a will or on intestacy; and\n\n(b) the deceased person was on the date of his death in possession of the land, or, in the case of a rentcharge created by will or taking effect upon his death, in possession of the land charged, and was the last person entitled to the land to be in possession thereof—\n\nthe right of action shall be deemed to have accrued on the date of his death.\n\n(a) any person brings an action to recover land, being an estate or interest in possession assured otherwise than by will to him or to some person through whom he claims by a person who at the date when the assurance took effect was in possession of the land or, in the case of a rentcharge created by the assurance, in possession of the land charged; and\n\n(b) no person has been in possession of the land by virtue of the assurance—\n\nthe right of action shall be deemed to have accrued on the date when the assurance took effect.\n\nNo. 5914 s. 10.\n\n","sortOrder":18},{"sectionNumber":"10","sectionType":"section","heading":"Accrual of right of action in case of future interests","content":"\t10 Accrual of right of action in case of future interests\n\n(1) Subject as hereafter in this section provided, the right of action to recover land shall, in a case where—\n\n(a) the estate or interest claimed was an estate or interest in reversion or remainder or any other future estate or interest; and\n\n(b) no person has taken possession of the land by virtue of the estate or interest claimed—\n\nbe deemed to have accrued on the date on which the estate or interest became an estate or interest in possession.\n\n(2) If the person entitled to the preceding estate or interest, not being a term of years absolute, was not in possession of the land on the date of the determination thereof, no action shall be brought by the person entitled to the succeeding estate or interest after the expiration of fifteen years from the date on which the right of action accrued to the person entitled to the preceding estate or interest, or six years from the date on which the right of action accrued to the person entitled to the succeeding estate or interest, whichever period last expires.\n\n(3) No person shall bring an action to recover any estate or interest in land under an assurance taking effect after the right of action to recover the land had accrued to the person by whom the assurance was made or some person through whom he claimed or some person entitled to a preceding estate or interest, unless the action is brought within the period during which the person by whom the assurance was made could have brought such an action.\n\n(4) Where any person—\n\n(a) is entitled to any estate or interest in land in possession; and\n\n(b) while so entitled, is also entitled to any future estate or interest in that land, and his right to recover the estate or interest in possession is barred under this Act—\n\nno action shall be brought by that person, or by any person claiming through him, in respect of the future estate or interest unless in the meantime possession of the land has been recovered by a person entitled to an intermediate estate or interest.\n\nNo. 5914 s. 11.\n\n","sortOrder":19},{"sectionNumber":"11","sectionType":"section","heading":"Provisions in case of settled land and land held on trust","content":"\t11 Provisions in case of settled land and land held on trust\n\n(1) Subject to the provisions of subsection (1) of section twenty-one of this Act, the provisions of this Act shall apply to equitable interests in land, including interests in the proceeds of the sale of land held upon trust for sale, in like manner as they apply to legal estates; and accordingly a right of action to recover the land shall, for the purposes of this Act but not otherwise, be deemed to accrue to a person entitled in possession to such an equitable interest in the like manner and circumstances and on the same date as it would accrue if his interest were a legal estate in the land.\n\n(2) Where the period prescribed by this Act has expired for the bringing of an action to recover land by a tenant for life or a statutory owner of settled land, his legal estate shall not be extinguished so long as the right of action to recover the land of any person entitled to a beneficial interest in the land either has not accrued or has not been barred by this Act; and the legal estate shall accordingly remain vested in the tenant for life or statutory owner and shall devolve in accordance with the **Settled Land Act 1958**; but when every such right of action as aforesaid has been barred by this Act the said legal estate shall be extinguished.\n\n(a) any land is held upon trust including a trust for sale; and\n\n(b) the period prescribed by this Act for the bringing of an action to recover the land by the trustees has expired—\n\nthe estate of the trustees shall not be extinguished so long as the right of action to recover the land of any person entitled to a beneficial interest in the land or in the proceeds of sale either has not accrued or has not been barred by this Act; but when every such right of action has been so barred the estate of the trustees shall be extinguished.\n\n(4) Where any settled land is vested in a statutory owner or any land is held upon trust including a trust for sale, an action to recover the land may be brought by the statutory owner or trustees on behalf of any person entitled to a beneficial interest in possession in the land or in the proceeds of sale whose right of action has not been barred by this Act notwithstanding that the right of action of the statutory owner or trustees would apart from this provision have been barred by this Act.\n\n(5) Where any settled land or any land held on trust for sale is in the possession of a person entitled to a beneficial interest in the land or in the proceeds of sale, not being a person solely and absolutely entitled thereto, no right of action to recover the land shall be deemed for the purposes of this Act to accrue during such possession to any person in whom the land is vested as tenant for life statutory owner or trustee, or to any other person entitled to a beneficial interest in the land or the proceeds of sale.\n\nNo. 5914 s. 12.\n\n","sortOrder":20},{"sectionNumber":"12","sectionType":"section","heading":"Accrual of right of action in case of forfeiture or breach of condition","content":"\t12 Accrual of right of action in case of forfeiture or breach of condition\n\nA right of action to recover land by virtue of a forfeiture or breach of condition shall be deemed to have accrued on the date on which the forfeiture was incurred or the condition broken:\n\nProvided that if such a right has accrued to a person entitled to an estate or interest in reversion or remainder and the land was not recovered by virtue thereof, the right of action to recover the land shall not be deemed to have accrued to that person until his estate or interest fell into possession as if no such forfeiture or breach of condition had occurred.\n\nNo. 5914 s. 13.\n\n","sortOrder":21},{"sectionNumber":"13","sectionType":"section","heading":"Accrual of right of action in case of certain tenancies","content":"\t13 Accrual of right of action in case of certain tenancies\n\n(1) A tenancy at will shall for the purposes of this Act be deemed to be determined at the expiration of a period of one year from the commencement thereof unless it has previously been determined, and accordingly the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued on the date of such determination.\n\n(2) A tenancy from year to year or other period without a lease in writing shall for the purposes of this Act be deemed to be determined at the expiration of the first year or other period; and accordingly the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued at the date of such determination:\n\nProvided that where any rent has subsequently been received in respect of the tenancy the right of action shall be deemed to have accrued on the date of the last receipt of rent.\n\n(a) any person is in possession of land by virtue of a lease in writing by which a rent amounting to the yearly sum of not less than $2 is reserved; and\n\n(b) the rent is received by some person wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease; and\n\n(c) no rent is subsequently received by the person rightfully so entitled—\n\nthe right of action of the last-named person to recover the land shall be deemed to have accrued at the date when the rent was first received by the person wrongfully claiming as aforesaid and not at the date of the determination of the lease.\n\nNo. 5914 s. 14.\n\n","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Right of action not to accrue or continue unless there is adverse possession","content":"\t14 Right of action not to accrue or continue unless there is adverse possession\n\n(1) No right of action to recover land shall be deemed to accrue unless the land is in the possession of some person in whose favour the period of limitation can run (hereafter in this section referred to as \"adverse possession\"); and where under the foregoing provisions of this Act any such right of action is deemed to accrue on a certain date and no person is in adverse possession on that date the right of action shall not be deemed to accrue until adverse possession is taken of the land.\n\n(2) Where a right of action to recover the land has accrued and thereafter before the right is barred the land ceases to be in adverse possession, the right of action shall no longer be deemed to have accrued and no fresh right of action be deemed to accrue until the land is again taken into adverse possession.\n\n(3) For the purposes of this section—\n\n(a) possession of any land subject to a rentcharge by a person (other than the person entitled to the rentcharge) who does not pay the rent shall be deemed to be adverse possession of the rentcharge;\n\n(b) receipt of rent under a lease by a person wrongfully claiming, in accordance with subsection (3) of the last preceding section, the land in reversion shall be deemed to be adverse possession of the land.\n\n(4) When any one or more of several persons entitled to any land or rent as joint tenants or tenants in common have been in possession or receipt of the entirety or more than his or their undivided share or shares of such land or of the profits thereof or of such rent for his or their own benefit or for the benefit of any person or persons other than the person or persons entitled to the other share or shares of the same land or rent, such possession or receipt shall not be deemed to have been the possession or receipt of or by such last-mentioned person or persons or any of them but shall be deemed to be adverse possession of the land.\n\nNo. 5914 s. 15.\n\n","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Limitation of redemption actions","content":"\t15 Limitation of redemption actions\n\nWhen the mortgagee of land has been in possession of any of the mortgaged land for a period of fifteen years no action to redeem or to compel discharge of the mortgage of the land of which the mortgagee has been in possession shall thereafter be brought by the mortgagor or any person claiming through him.\n\nNo. 5914 s. 16.\n\n","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"No right of action to be preserved by formal entry or continual claim","content":"\t16 No right of action to be preserved by formal entry or continual claim\n\nFor the purposes of this Act no person shall be deemed to have been in possession of any land by reason only of having made a formal entry thereon, and no continual or other claim upon or near any land shall preserve any right of action to recover the land.\n\nNo. 5914 s. 17.\n\n","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Administration to date back to death","content":"\t17 Administration to date back to death\n\nFor the purposes of the provisions of this Act relating to actions for the recovery of land an administrator of the estate of a deceased person shall be deemed to claim as if there had been no interval of time between the death of the deceased person and the grant of the letters of administration.\n\nNo. 5914 s. 18.\n\n","sortOrder":26},{"sectionNumber":"18","sectionType":"section","heading":"Extinction of title after expiration of period","content":"\t18 Extinction of title after expiration of period\n\nSubject to the provisions of section eleven of this Act, at the expiration of the period prescribed by this Act for any person to bring an action to recover land (including a redemption action or an action to compel discharge of a mortgage) the title of that person to the land shall be extinguished.\n\nNo. 5914 s. 19.\n\n","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Actions to recover rent","content":"\t19 Actions to recover rent\n\nNo action shall be brought to recover arrears of rent or damages in respect thereof after the expiration of six years from the date on which the arrears became due.\n\nHeading preceding s. 20 substituted as Pt 1 Div. 4 (Heading) by No. 76/2004 s. 4(1)(d).\n\n","sortOrder":28},{"sectionNumber":"Div 4","sectionType":"division","heading":"Actions to recover money secured by a mortgage or charge","content":"Division 4—Actions to recover money secured by a mortgage or charge\n\nNo. 5914 s. 20.\n\n","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Actions to recover money secured by a mortgage or charge","content":"\t20 Actions to recover money secured by a mortgage or charge\n\n(1) No action shall be brought to recover any principal sum of money secured by a mortgage or other charge on property, whether real or personal, after the expiration of fifteen years from the date when the right to receive the money accrued, notwithstanding that the money is by any Act or instrument expressed to be a charge until paid.\n\n(2) No foreclosure action in respect of mortgaged personal property shall be brought after the expiration of fifteen years from the date on which the right to foreclose accrued:\n\nProvided that if after that date the mortgagee was in possession of the mortgaged property the right to foreclose on the property which was in his possession shall not, for the purpose of this subsection, be deemed to have accrued until the date on which his possession discontinued.\n\n(3) The right to receive any principal sum of money secured by a mortgage or other charge and the right to foreclose on the property subject to the mortgage or charge shall not be deemed to accrue so long as that property comprises any future interest or any life insurance policy which has not matured or been determined.\n\n(4) Nothing in this section shall apply to—\n\n(a) a foreclosure action in respect of mortgaged land, but the provisions of this Act relating to actions to recover land shall apply to such an action; or\n\n(b) the recovery by any statutory authority of any rates or other moneys which by any Act are and until paid remain a charge on land.\n\n(5) Notwithstanding anything in subsection (7) of section five of this Act—\n\n(a) where a prior mortgagee or other incumbrancer has been in possession of the property charged and an action is brought within one year of the discontinuance of such possession by the subsequent incumbrancer, the subsequent incumbrancer may recover by that action all the arrears of interest which fell due during the period of possession by the prior incumbrancer or damages in respect thereof notwithstanding that the period exceeded six years; and\n\n(b) where property subject to a mortgage or charge comprises any future interest or life insurance policy and it is a term of the mortgage or charge that arrears of interest shall be treated as part of the principal sum of money secured by the mortgage or charge, interest shall not be deemed to become due before the right to receive the principal sum of money has accrued or is deemed to have accrued.\n\nHeading preceding s. 20A  \ninserted by No. 6845 s. 2, substituted as Pt 1 Div. 5 (Heading) by No. 76/2004 s. 4(1)(e).\n\n","sortOrder":30},{"sectionNumber":"Div 5","sectionType":"division","heading":"Actions to recover imposts","content":"Division 5—Actions to recover imposts\n\nS. 20A inserted by No. 6845 s. 2, substituted by No. 102/1993 s. 4.\n\n","sortOrder":31},{"sectionNumber":"20A","sectionType":"section","heading":"Limitation on proceeding for recovery of tax[[1]](#endnote-2)","content":"\t20A Limitation on proceeding for recovery of tax[[1]](#endnote-2)\n\nS. 20A(1) amended by No. 8/2004 s. 3(1)(a)(b).\n\n(1) Subject to subsection (2), a proceeding for the recovery of money paid by way of tax or purported tax or by way of an amount that is attributable to tax or purported tax under a mistake (either of law or of fact) or under colour of authority must be commenced—\n\n(a) within 12 months after the date of payment; or\n\n(b) in the case of a proceeding in accordance with another Act that provides for the refund or recovery of the money within a longer period, within that longer period.\n\nS. 20A(2) amended by No. 8/2004 s. 3(2)(a)(b).\n\n(2) Despite anything to the contrary in any other Act, if money paid by way of tax or purported tax or by way of an amount that is attributable to tax or purported tax is recoverable because of the invalidity of a law or provision of a law, a proceeding for the recovery of that money must (whether the payment was made voluntarily or under compulsion) be commenced within 12 months after the date of payment.\n\nS. 20A(2A) inserted by No. 8/2004 s. 3(3).\n\n(2A) Subsections (1) and (2) apply to a proceeding between parties of any kind.\n\nS. 20A(3) amended by No. 8/2004 s. 3(4)(a)–(d).\n\n(3) Subsection (2) does not apply to a proceeding for the recovery of money that, assuming that the law or provision of a law imposing or purporting to impose the tax had been valid, would nevertheless have represented an overpayment of tax or of an amount that is attributable to tax, if that law provides for the refund or recovery of the money within a period longer than 12 months after the date of the payment.\n\n(4) An order may not be made under this or any other Act enabling or permitting a proceeding to which subsection (2) applies to be commenced after the expiration of the period referred to in that subsection.\n\n(5) In this section—\n\nS. 20A(5) def. of  \n*law* inserted by No. 8/2004 s. 3(5).\n\n***law*** means—\n\n(a) an Act; or\n\n(b) a subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984**; or\n\n(c) any other instrument that—\n\n(i) applies as a law of Victoria; or\n\n(ii) is made under, and is enforceable in accordance with, the provisions of an Act or of an instrument referred to in paragraph (b) or subparagraph (i);\n\n***proceeding*** includes—\n\n(a) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; or\n\n(b) seeking any order under the **Administrative Law Act 1978**;\n\n***tax*** includes fee, charge or other impost.\n\nS. 20B inserted by No. 8/2004 s. 4.\n\n","sortOrder":32},{"sectionNumber":"20B","sectionType":"section","heading":"Limitation on recovery of tax or amount attributable to tax","content":"\t20B Limitation on recovery of tax or amount attributable to tax\n\n(1) A proceeding to which this section applies is only maintainable to the extent that the person bringing the proceeding (***the claimant***) satisfies the court that recovery of the money would not result in a windfall gain to the claimant.\n\n(2) For the purposes of subsection (1), recovery of money would not result in a windfall gain to the claimant if—\n\n(a) the claimant has not charged to, or recovered from, and will not charge to or recover from, any other person an amount in respect of that money, whether or not that amount was itemised or otherwise separately identified in any invoice or other document issued by the claimant; or\n\n(b) the claimant has reimbursed, or has entered into an unconditional and enforceable agreement to reimburse, each other person to whom the claimant has charged, or from whom the claimant has recovered, an amount in respect of that money.\n\n(3) This section applies to—\n\n(a) a proceeding between parties of any kind for the recovery of money paid by way of—\n\n(i) tax or purported tax; or\n\n(ii) an amount that is attributable to tax or purported tax—\n\nunder a mistake (either of law or of fact) or under colour of authority; or\n\n(b) a proceeding between parties of any kind for the recovery of money so paid that is recoverable because of the invalidity of a law or provision of a law.\n\n(4) In this section—\n\n***claimant*** includes a predecessor or successor of a claimant;\n\n***law*** means—\n\n(a) an Act; or\n\n(b) a subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984**; or\n\n(c) any other instrument that—\n\n(i) applies as a law of Victoria; or\n\n(ii) is made under, and is enforceable in accordance with, the provisions of an Act or of an instrument referred to in paragraph (b) or subparagraph (i);\n\n***proceeding*** includes—\n\n(a) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; or\n\n(b) seeking any order under the **Administrative Law Act 1978**;\n\n***tax*** includes fee, charge or other impost.\n\nHeading preceding s. 21 substituted as Pt 1 Div. 6 (Heading) by No. 76/2004 s. 4(1)(f).\n\n","sortOrder":33},{"sectionNumber":"Div 6","sectionType":"division","heading":"Actions in respect of trust property or the personal estate of deceased persons","content":"Division 6—Actions in respect of trust property or the personal estate of deceased persons\n\nNo. 5914 s. 21.\n\n","sortOrder":34},{"sectionNumber":"21","sectionType":"section","heading":"Limitation of actions in respect of trust property","content":"\t21 Limitation of actions in respect of trust property\n\n(1) No period of limitation prescribed by this Act shall apply to an action by a beneficiary under a trust, being an action—\n\n(a) in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy; or\n\n(b) to recover from the trustee trust property or the proceeds thereof in the possession of the trustee, or previously received by the trustee and converted to his use.\n\n(2) Subject as aforesaid, an action by a beneficiary to recover trust property or in respect of any breach of trust, not being an action for which a period of limitation is prescribed by any other provision of this Act, shall not be brought after the expiration of six years from the date on which the right of action accrued:\n\nProvided that the right of action shall not be deemed to have accrued to any beneficiary entitled to a future interest in the trust property until the interest fell into possession.\n\n(3) No beneficiary as against whom there would be a good defence under this Act shall derive any greater or other benefit from a judgment or order obtained by any other beneficiary than he could have obtained if he had brought the action and this Act had been pleaded in defence.\n\nNo. 5914 s. 22.\n\n","sortOrder":35},{"sectionNumber":"22","sectionType":"section","heading":"Actions claiming personal estate of a deceased person","content":"\t22 Actions claiming personal estate of a deceased person\n\nSubject to the provisions of subsection (1) of the last preceding section no action in respect of any claim to the personal estate of a deceased person or to any share or interest in such estate, whether under a will or on intestacy, shall be brought after the expiration of fifteen years from the date when the right to receive the share or interest accrued.\n\nPart II—Extension of limitation periods\n\nHeading preceding s. 23 substituted as Pt 2 Div. 1 (Heading) by No. 76/2004 s. 4(2)(a).\n\nDivision 1—Disability\n\nNo. 5914 s. 23.\n\n","sortOrder":36},{"sectionNumber":"23","sectionType":"section","heading":"Extension of limitation period in case of disability","content":"\t23 Extension of limitation period in case of disability\n\nS. 23(1) amended by No. 52/2002 s. 3(4).\n\n(1) If on the date when any right of action accrued for which a period of limitation is prescribed by this Act the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of six years, or in the case of any action for which a less number of years is prescribed by this Act (except under section 5(1AA) or (1A)) as the period of limitation then such less number of years, from the date when the person ceased to be under a disability or died whichever event first occurred notwithstanding that the period of limitation has expired:\n\nProvided that—\n\n(a) this subsection shall not affect any case where the right of action first accrued to some person (not under a disability) through whom the person under a disability claims;\n\n(b) when a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person;\n\n(c) no action to recover land or money charged on land shall be brought by virtue of this subsection by any person after the expiration of thirty years from the date on which the right of action accrued to that person or some person through whom he claims;\n\n(d) this subsection shall not apply to any action to recover a penalty or forfeiture, or sum by way thereof, by virtue of any enactment, except where the action is brought by an aggrieved party.\n\nS. 23(1)(e) repealed by No. 9884 s. 4.\n\nS. 23(1A) inserted by No. 60/2003 s. 12.\n\n(1A) Subsection (1) does not apply to a right of action to which Part IIA applies.\n\n(2) Any time during which it was not reasonably practicable for a person to commence any action by reason of any war or circumstances arising out of any war in which the Commonwealth of Australia is or was engaged shall be excluded in computing the period prescribed by this Act for the commencement of that action; and the said period shall not be deemed to expire before the end of twelve months from the date when it became reasonably practicable to commence the action.\n\nHeading preceding s. 23A  \ninserted by No. 8300 s. 3, substituted as Pt 2 Div. 2 (Heading) by No. 76/2004 s. 4(2)(b).\n\nDivision 2—Personal injuries\n\nS. 23A inserted by No. 8300 s. 3, substituted by No. 9884 s. 5.\n\n","sortOrder":37},{"sectionNumber":"23A","sectionType":"section","heading":"Personal injuries","content":"\t23A Personal injuries\n\n(1) This section applies to any action for damages for negligence nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provision) where the damages claimed consist of or include damages in respect of personal injuries to any person.\n\n(2) Where an application is made to a court by a person claiming to have a cause of action to which this section applies, the court, subject to subsection (3) and after hearing such of the persons likely to be affected by that application as it sees fit, may, if it decides that it is just and reasonable so to do, order that the period within which an action on the cause of action may be brought be extended for such period as it determines.\n\n(3) In exercising the powers conferred on it by subsection (2) a court shall have regard to all the circumstances of the case including (without derogating from the generality of the foregoing) the following—\n\n(a) the length of and reasons for the delay on the part of the plaintiff;\n\n(b) the extent to which, having regard to the delay, there is or is likely to be prejudice to the defendant;\n\n(c) the extent, if any, to which the defendant had taken steps to make available to the plaintiff means of ascertaining facts which were or might be relevant to the cause of action of the plaintiff against the defendant;\n\n(d) the duration of any disability of the plaintiff arising on or after the date of the accrual of the cause of action;\n\n(e) the extent to which the plaintiff acted promptly and reasonably once he knew that the act or omission of the defendant, to which the injury of the plaintiff was attributable, might be capable at that time of giving rise to an action for damages;\n\n(f) the steps, if any, taken by the plaintiff to obtain medical, legal or other expert advice and the nature of any such advice he may have received.\n\n(4) The powers conferred on a court by subsection (2) may be exercised at any time notwithstanding—\n\nS. 23A(4)(a) substituted by No. 52/2002 s. 3(5).\n\n(a) that—\n\n(i) in the case of an action to which section 5(1AA) or (1A) applies (not being an action to which section 23(1) applies), more than 3 years has expired since the cause of action accrued; and\n\n(ii) in any other case more than 6 years has expired since the cause of action accrued; or\n\n(b) that an action in respect of such personal injuries has been commenced.\n\nS. 23A(5) amended by No. 57/1989 s. 3(Sch. item 118.2(a)(b)).\n\n(5) An application under this section shall be made by summons in the jurisdiction in which an action has been or is proposed to be brought and a copy of that summons shall be served on each person against whom the claimant claims to have the cause of action, provided that the Supreme Court may give leave to bring an action in any court which seems to it appropriate.\n\nS. 23A(6) inserted by No. 60/2003 s. 13.\n\n(6) Except as provided by section 27M(2), this section does not apply to an action to which Part IIA applies.\n\nPt 2 Div. 2A (Heading and ss 23B, 23C) inserted by No. 75/2005 s. 48.\n\n","sortOrder":38},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Defamation","content":"Division 2A—Defamation\n\nS. 23B (Heading) amended by No. 35/2020 s. 42(1).\n\nS. 23B inserted by No. 75/2005 s. 48.\n\n","sortOrder":39},{"sectionNumber":"23B","sectionType":"section","heading":"Defamation—extension of limitation period","content":"\t23B Defamation—extension of limitation period\n\n(1) A person claiming to have a cause of action for defamation may apply to a court for an order extending the limitation period for the cause of action.\n\nS. 23B(2) substituted by No. 35/2020 s. 42(2).\n\n(2) The court may extend the limitation period applicable under section 5(1AAA) to (1AAC) to a period of up to 3 years running from the date of the alleged publication of the matter if the plaintiff satisfies the court that it is just and reasonable to allow an action to proceed.\n\nS. 23B(3) substituted by No. 35/2020 s. 42(2).\n\n(3) In determining whether to extend the limitation period, the court is to have regard to all of the circumstances of the case and in particular to—\n\n(a) the length of, and the reasons for, the plaintiff's delay; and\n\n(b) if a reason for the delay was that some or all of the facts relevant to the cause of action became known to the plaintiff after the limitation period expired—\n\n(i) the day on which the facts became known to the plaintiff; and\n\n(ii) the extent to which the plaintiff acted promptly and reasonably once the plaintiff knew whether or not the facts might be capable of giving rise to an action; and\n\n(c) the extent, having regard to the delay, to which relevant evidence is likely to be unavailable or less cogent than if the action had been brought within the limitation period.\n\n(4) If a court orders the extension of a period of limitation applicable to a cause of action under this section, that period of limitation is accordingly extended for the purposes of an action brought by the applicant in that court on the cause of action that the applicant claims to have.\n\n(5) An order for the extension of a limitation period, and an application for such an order, may be made under this section even though the limitation period has already expired.\n\nS. 23C inserted by No. 75/2005 s. 48.\n\n","sortOrder":40},{"sectionNumber":"23C","sectionType":"section","heading":"Transitional—Defamation Act 2005","content":"\t23C Transitional—Defamation Act 2005\n\n(1) In this section—\n\n***existing law of defamation*** has the same meaning as in section 46 of the **Defamation Act 2005**;\n\n***existing limitation law*** means the provisions of this Act that applied in relation to the limitation period for defamation actions immediately before the commencement of the **Defamation Act 2005**;\n\n***new limitation law*** means sections 5(1AAA) and 23B as inserted by the **Defamation Act** **2005**.\n\n(2) The new limitation law applies to the publication of any defamatory matter to which the **Defamation Act 2005** applies.\n\n(3) The existing limitation law continues to apply to any cause of action to which the existing law of defamation continues to apply by force of section 46 of the **Defamation Act 2005**.\n\nS. 23D inserted by No. 35/2020 s. 43.\n\n","sortOrder":41},{"sectionNumber":"23D","sectionType":"section","heading":"Transitional provisions—Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020","content":"\t23D Transitional provisions—Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020\n\n(1) Section 5 as amended by the **Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020** applies in relation to the publication of defamatory matter after the commencement of that amendment.\n\n(2) Subject to subsection (3), section 5A as inserted by the **Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020** applies in relation to the publication of defamatory matter after the commencement of that section.\n\n(3) Section 5A extends to a first publication before the commencement of that section, but only in respect of subsequent publications after the commencement.\n\n(4) Section 23B as amended by the **Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020** applies in relation to the publication of defamatory matter after the commencement of that amendment.\n\nHeading preceding s. 24 substituted as Pt 2 Div. 3 (Heading) by No. 76/2004 s. 4(2)(c).\n\nDivision 3—Acknowledgment and part payment\n\nNo. 5914 s. 24.\n\n","sortOrder":42},{"sectionNumber":"24","sectionType":"section","heading":"Fresh accrual of action on acknowledgment or part payment","content":"\t24 Fresh accrual of action on acknowledgment or part payment\n\n(1) Where there has accrued any right of action (including a foreclosure action) to recover land or any right of a mortgagee of personal property to bring a foreclosure action in respect of the property, and—\n\n(a) the person in possession of the land or personal property acknowledges the title of the person to whom the right of action has accrued; or\n\n(b) in the case of a foreclosure or other action by a mortgagee, the person in possession as aforesaid or the person liable for the mortgage debt makes any payment in respect thereof, whether of principal or interest—\n\nthe right shall be deemed to have accrued on and not before the date of the acknowledgment or payment.\n\n(2) Where a mortgagee—\n\n(a) is by virtue of the mortgage in possession of any mortgaged land; and\n\n(b) either receives any sum in respect of the principal or interest of the mortgage debt or acknowledges the title of the mortgagor or his equity of redemption or right to discharge of the mortgage—\n\nan action to redeem or to compel discharge of the mortgage of the land in his possession may be brought at any time before the expiration of fifteen years from the date of the payment or acknowledgment.\n\n(a) any right of action has accrued to recover any debt or other liquidated pecuniary claim or any claim to the personal estate of a deceased person or to any share or interest therein; and\n\n(b) the person liable or accountable therefor acknowledges the claim or makes any payment in respect thereof—\n\nthe right shall be deemed to have accrued on and not before the date of the acknowledgment or the last payment:\n\nProvided that a payment of a part of the rent or interest due at any time shall not extend the period for claiming the remainder then due, but any payment of interest shall be treated as a payment in respect of the principal debt.\n\nNo. 5914 s. 25.\n\n","sortOrder":43},{"sectionNumber":"25","sectionType":"section","heading":"Formal provisions as to acknowledgments and part payments","content":"\t25 Formal provisions as to acknowledgments and part payments\n\n(1) Every such acknowledgment as aforesaid shall be in writing and signed by the person making the acknowledgment.\n\n(2) Any such acknowledgment or payment as aforesaid may be made by the agent of the person by whom it is required to be made under the last preceding section, and shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made.\n\nNo. 5914 s. 26.\n\n","sortOrder":44},{"sectionNumber":"26","sectionType":"section","heading":"Effect of acknowledgment or part payment on persons other than the maker or recipient","content":"\t26 Effect of acknowledgment or part payment on persons other than the maker or recipient\n\n(1) An acknowledgment of the title to any land or mortgaged personalty by any person in possession thereof shall bind all other persons in possession during the ensuing period of limitation.\n\n(2) A payment in respect of a mortgage debt by the mortgagor or any person in possession of the mortgaged property shall, so far as any right of the mortgagee to foreclose or otherwise to recover the property is concerned, bind all other persons in possession of the mortgaged property during the ensuing period of limitation.\n\nS. 26(3) amended by No. 74/2000 s. 3(Sch. 1 item 71).\n\n(3) Where two or more mortgagees are by virtue of the mortgage in possession of the mortgaged land, an acknowledgment of the mortgagor's title or of his equity of redemption or right to discharge of the mortgage by one of the mortgagees shall only bind him and his successors and shall not bind any other mortgagee or his successors; and where the mortgagee by whom the acknowledgment is given is entitled to a part of the mortgaged land and not to any ascertained part of the mortgage debt, the mortgagor shall be entitled to redeem or to compel discharge of the mortgage of that part of the land on payment, with interest, of the part of the mortgage debt which bears the same proportion to the whole of the debt as the value of the part of the land bears to the whole of the mortgaged land.\n\n(4) Where there are two or more mortgagors and the title or right to redemption or to discharge of the mortgage of one of the mortgagors is acknowledged as aforesaid the acknowledgment shall be deemed to have been made to all mortgagors.\n\n(5) An acknowledgment of any debt or other liquidated pecuniary claim shall bind the acknowledgor and his successors but not any other person:\n\nProvided that an acknowledgment made after the expiration of the period of limitation prescribed for the bringing of an action to recover the debt or other claim shall not bind any successor on whom the liability devolves on the determination of a preceding estate or interest in property under a settlement taking effect before the date of the acknowledgment.\n\n(6) A payment made in respect of any debt or other liquidated pecuniary claim shall bind all persons liable in respect thereof:\n\nProvided that a payment made after the expiration of the period of limitation prescribed for the bringing of an action to recover the debt or other claim shall not bind any person other than the person making the payment and his successors, and shall not bind any successor on whom the liability devolved on the determination of a preceding estate or interest in property under a settlement taking effect before the date of the payment.\n\n(7) An acknowledgment by one of several personal representatives of any claim to the personal estate of a deceased person or to any share or interest therein, or a payment by one of several personal representatives in respect of any such claim shall bind the estate of the deceased person.\n\n(8) In this section the expression ***successor*** in relation to any mortgagee or person liable in respect of any debt or claim means his personal representatives and any other person on whom the rights under the mortgage or, as the case may be, the liability in respect of the debt or claim devolve, whether on death or bankruptcy or the disposition of property or the determination of a limited estate or interest in settled property or otherwise.\n\nHeading preceding s. 27 substituted as Pt 2 Div. 4 (Heading) by No. 76/2004 s. 4(2)(d).\n\nDivision 4—Fraud and mistake\n\nNo. 5914 s. 27.\n\nS. 27 amended by No. 48/2025 s. 41 (ILA s. 39B(1)).\n\n","sortOrder":45},{"sectionNumber":"27","sectionType":"section","heading":"Postponement of limitation periods in case of fraud or mistake","content":"\t27 Postponement of limitation periods in case of fraud or mistake\n\n(1) Where, in the case of any action for which a period of limitation is prescribed by this Act—\n\n(a) the action is based upon the fraud of the defendant or his agent or of any person through whom he claims or his agent; or\n\n(b) the right of action is concealed by the fraud of any such person as aforesaid; or\n\n(c) the action is for relief from the consequences of a mistake—\n\nthe period of limitation shall not begin to run until the plaintiff has discovered the fraud or the mistake, as the case may be, or could with reasonable diligence have discovered it:\n\nProvided that nothing in this section shall enable any action to be brought to recover or enforce any charge against or set aside any transaction affecting any property which—\n\n(i) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know or have reason to believe that any fraud had been committed; or\n\n(ii) in the case of mistake, has been purchased for valuable consideration, subsequently to the transaction in which the mistake was made by a person who did not know or have reason to believe that the mistake had been made.\n\nS. 27(2) inserted by No. 48/2025 s. 41.\n\n(2) This section does not apply to, or affect, the period of limitation fixed by section 20A(2) for a proceeding to which section 20A applies.\n\nPt 2A (Heading and ss 27A–27N) inserted by No. 60/2003 s. 14.\n\nPart IIA—Personal injury actions\n\nDivision 1—Introductory\n\nS. 27A inserted by No. 60/2003 s. 14.\n\n","sortOrder":46},{"sectionNumber":"27A","sectionType":"section","heading":"Interpretation","content":"\t27A Interpretation\n\n(1) In this Part—\n\nS. 27A(1) def. of *guardian* amended by Nos 48/2006 s. 42(Sch. item 21), 61/2014 s. 168.\n\n***guardian*** of a minor includes any person on whom parental responsibility for the minor is conferred under the **Children, Youth and Families Act 2005** or any other Act or law;\n\n***long-stop limitation period***, in relation to a cause of action for damages that relate to death or personal injury, means the period of 12 years from the date of the act or omission alleged to have resulted in the death or personal injury with which the action is concerned;\n\n***parent*** includes any person who has all the duties, powers, responsibilities and authority (whether conferred by a court or otherwise) which, by law, parents have in relation to children;\n\n***survivor action*** means a cause of action that survives for the benefit of the estate of a deceased person under section 29(1) of the **Administration and Probate Act 1958** but does not include a cause of action to which section 29(2A) of that Act applies.\n\nS. 27A(2) amended by Nos 72/2010 s. 48(Sch. item 15(1)), 21/2012 s. 239(Sch. 6 item 25.1).\n\n(2) In this Part in relation to a cause of action under section 217 of the **Australian Consumer Law and Fair Trading Act 2012** or section 236 of the Australian Consumer Law (Victoria), a reference to a court includes a reference to the Victorian Civil and Administrative Tribunal established by the **Victorian Civil and Administrative Tribunal Act 1998**.\n\nS. 27B inserted by No. 60/2003 s. 14.\n\n","sortOrder":47},{"sectionNumber":"27B","sectionType":"section","heading":"Application","content":"\t27B Application\n\n(1) This Part applies to a cause of action for damages that relate to the death of or personal injury to a person, regardless of whether the action for damages is founded in tort, in contract, under statute or otherwise.\n\n(2) This Part does not apply to the following—\n\nS. 27B(2)(a) amended by No. 67/2013 s. 649(Sch. 9 item 21).\n\n(a) actions for damages to which Part IV of the **Accident Compensation Act 1985** or Part 7 of the **Workplace Injury Rehabilitation and Compensation Act 2013** applies;\n\n(b) actions for damages in respect of an injury which entitles, or may entitle, a worker within the meaning of the **Workers Compensation Act 1958** to compensation under that Act;\n\n(c) actions for damages to which Part 6 or Part 10 of the **Transport Accident Act 1986** applies;\n\n(d) actions for damages in respect of an injury that is a dust-related condition within the meaning of the **Administration and Probate Act 1958**;\n\n(e) actions for damages in respect of an injury resulting from smoking or other use of tobacco products (within the meaning of the **Tobacco Act 1987**) or exposure to tobacco smoke.\n\n(3) This Part extends to a cause of action that—\n\n(a) is a survivor action; or\n\n(b) is an action that arises under Part III of the **Wrongs Act 1958**.\n\nS. 27B(4) amended by Nos 72/2010 s. 48(Sch. item 15(2)), 21/2012 s. 239(Sch. 6 item 25.2).\n\n(4) This Part applies despite anything to the contrary in section 217(4) of the **Australian Consumer Law and Fair Trading Act 2012** or section 236(2) of the Australian Consumer Law (Victoria).\n\nDivision 2—Limitation period for personal injury actions\n\nS. 27C inserted by No. 60/2003 s. 14.\n\n","sortOrder":48},{"sectionNumber":"27C","sectionType":"section","heading":"Application of Division","content":"\t27C Application of Division\n\nThe provisions of this Division have effect subject to the provisions of Division 3.\n\nS. 27D inserted by No. 60/2003 s. 14.\n\n","sortOrder":49},{"sectionNumber":"27D","sectionType":"section","heading":"Limitation period for personal injury actions—general","content":"\t27D Limitation period for personal injury actions—general\n\n(1) An action in respect of a cause of action to which this Part applies shall not be brought after the expiration of whichever of the following periods is the first to expire—\n\n(a) the period of 3 years from the date on which the cause of action is discoverable by the plaintiff;\n\n(b) the period of 12 years from the date of the act or omission alleged to have resulted in the death or personal injury with which the action is concerned.\n\n(2) This section does not apply to a cause of action that is founded on a personal injury to a person who was under a disability at the date of the act or omission alleged to have resulted in the personal injury.\n\nS. 27E inserted by No. 60/2003 s. 14.\n\n","sortOrder":50},{"sectionNumber":"27E","sectionType":"section","heading":"Limitation period for personal injury actions—persons under a disability","content":"\t27E Limitation period for personal injury actions—persons under a disability\n\n(1) This section applies to a cause of action to which this Part applies which is founded on a personal injury to a person who was under a disability at the date of the act or omission alleged to have resulted in the personal injury.\n\n(2) An action in respect of a cause of action to which this section applies shall not be brought after the expiration of whichever of the following periods is the first to expire—\n\n(a) the period of 6 years from the date on which the cause of action is discoverable by the plaintiff;\n\n(b) the period of 12 years from the date of the act or omission alleged to have resulted in the personal injury with which the action is concerned.\n\nS. 27F inserted by No. 60/2003 s. 14.\n\n","sortOrder":51},{"sectionNumber":"27F","sectionType":"section","heading":"Date cause of action is discoverable","content":"\t27F Date cause of action is discoverable\n\n(1) For the purposes of this Part, a cause of action is ***discoverable*** by a person on the first date that the person knows or ought to have known of all of the following facts—\n\n(a) the fact that the death or personal injury concerned has occurred;\n\n(b) the fact that the death or personal injury was caused by the fault of the defendant;\n\n(c) in the case of personal injury, the fact that the personal injury was sufficiently serious to justify the bringing of an action on the cause of action.\n\n(2) A person ***ought to know*** of a fact at a particular date if the fact would have been ascertained by the person had the person taken all reasonable steps before that date to ascertain the fact.\n\n(3) In determining what a person knows or ought to have known, a court may have regard to the conduct and statements, oral or in writing, of the person.\n\n(4) To remove doubt, a cause of action that arises under Part III of the **Wrongs Act 1958** is not discoverable before the date of death of the deceased.\n\nS. 27G inserted by No. 60/2003 s. 14.\n\n","sortOrder":52},{"sectionNumber":"27G","sectionType":"section","heading":"Application to survivor actions","content":"\t27G Application to survivor actions\n\nSubject to section 27I, for the purposes of the application of this Part to a survivor action, the cause of action is deemed to be discoverable by the plaintiff at whichever is the earliest of the following dates—\n\n(a) the date on which the cause of action is discoverable by the deceased if the cause of action is discoverable by the deceased more than 3 years before the death of the deceased;\n\n(b) the date of appointment of the plaintiff as the deceased's executor or administrator if the cause of action is discoverable by the plaintiff at or before the date of that appointment;\n\n(c) the date on which the cause of action is discoverable by the plaintiff if the cause of action is discoverable by the plaintiff after the appointment of the plaintiff as the deceased's executor or administrator.\n\nS. 27H inserted by No. 60/2003 s. 14.\n\n","sortOrder":53},{"sectionNumber":"27H","sectionType":"section","heading":"Application to Part III Wrongs Act actions","content":"\t27H Application to Part III Wrongs Act actions\n\nFor the purposes of the application of this Part to a cause of action that arises under Part III of the **Wrongs Act 1958**, the long-stop limitation period is deemed to run from the date of death of the deceased.\n\nS. 27I inserted by No. 60/2003 s. 14.\n\n","sortOrder":54},{"sectionNumber":"27I","sectionType":"section","heading":"Special limitation period for minors injured by close relatives or close associates","content":"\t27I Special limitation period for minors injured by close relatives or close associates\n\n(1) If a cause of action is founded on the death of or personal injury to a person (**the victim)** who was a minor at the date of the act or omission alleged to have resulted in that death or personal injury and the cause of action is against a person who at that date was a parent or guardian of the victim or a close associate of a parent or guardian of the victim—\n\n(a) the cause of action is, for the purposes of this Part, deemed to be discoverable by the victim when the victim turns 25 years of age or when the cause of action is actually discoverable by the victim, whichever is the later; and\n\n(b) the long-stop limitation period for the cause of action is the period of 12 years from when the victim turns 25 years of age.\n\n(2) A person is a close associate of a parent or guardian of the victim if the person is a person whose relationship with the parent or guardian is such that—\n\n(a) the parent or guardian might be influenced by the person not to bring an action on behalf of the victim against the person; or\n\n(b) the victim might be unwilling to disclose to the parent or guardian the act or omission alleged to have resulted in the death or personal injury.\n\n(3) If the victim dies before turning 25 years of age, the period of limitation applicable to a survivor action that survives on the death of the victim is to be determined as if references in this section to when the victim turns 25 years of age were references to the death of the victim.\n\nS. 27J inserted by No. 60/2003 s. 14.\n\n","sortOrder":55},{"sectionNumber":"27J","sectionType":"section","heading":"Effect of legal incapacity on limitation period","content":"\t27J Effect of legal incapacity on limitation period\n\n(1) A person is ***under a legal incapacity*** for the purposes of this section while the person—\n\n(a) is a minor, but not while the minor is in the custody of a capable parent or guardian; or\n\n(b) is an incapacitated person for a continuous period of 28 days or more, but not while—\n\n(i) the person is a represented person; and\n\n(ii) the guardian of the person is authorised by law to bring actions in the person's name.\n\n(2) If a person has a cause of action for which a period of limitation has commenced to run and the person is under a legal incapacity, the running of the period of limitation is suspended for the duration of the legal incapacity.\n\n(3) In determining when a cause of action is discoverable by a person who is a minor or an incapacitated person and who is not under a legal incapacity, facts that are known or ought to be known by a capable parent or guardian of the minor or the guardian of the represented person are deemed to be facts that are known or ought to be known by the minor or incapacitated person.\n\n(4) In this section—\n\n***capable parent or guardian*** of a minor means a person—\n\n(a) who is a parent or guardian of the minor; and\n\n(b) who is not under a legal incapacity;\n\nS. 27J(4) def. of *guardian* substituted by No. 13/2019 s. 221(Sch. 1 item 27.2(a)).\n\n***guardian***, in relation to a represented person, means the guardian or administrator for that person under the **Guardianship and Administration Act 2019**;\n\n***incapacitated person*** means a person who is incapable of, or substantially impeded in, the management of his or her affairs in relation to the cause of action in respect of which the question arises, by reason of any disease or any impairment of his or her physical or mental condition;\n\nS. 27J(4) def. of *represented person* substituted by No. 13/2019 s. 221(Sch. 1 item 27.2(b)).\n\n***represented person*** means a represented person within the meaning of the **Guardianship and Administration Act 2019**.\n\nDivision 3—Extension of limitation period for personal injury actions\n\nS. 27K inserted by No. 60/2003 s. 14.\n\n","sortOrder":56},{"sectionNumber":"27K","sectionType":"section","heading":"Extension of limitation periods","content":"\t27K Extension of limitation periods\n\n(1) A person claiming to have a cause of action to which this Part applies may apply to a court for an extension of a period of limitation applicable to the cause of action under Division 2.\n\n(2) Subject to section 27L, the court—\n\n(a) may hear any of the persons likely to be affected by the application as it sees fit; and\n\n(b) may, if it decides that it is just and reasonable to do so, order the extension of the period of limitation applicable to the cause of action for such period as the court determines.\n\n(3) If a court orders the extension of a period of limitation applicable to a cause of action under this section, that period of limitation is accordingly extended for the purposes of an action brought by the applicant in that court on the cause of action that the applicant claims to have.\n\nS. 27L inserted by No. 60/2003 s. 14.\n\n","sortOrder":57},{"sectionNumber":"27L","sectionType":"section","heading":"Matters to be considered in determining applications for extension of limitation period","content":"\t27L Matters to be considered in determining applications for extension of limitation period\n\n(1) In exercising the powers conferred on it by section 27K, a court shall have regard to all the circumstances of the case, including (but not limited to) the following—\n\n(a) the length of and reasons for the delay on the part of the plaintiff;\n\n(b) the extent to which, having regard to the delay, there is or is likely to be prejudice to the defendant;\n\n(c) the extent, if any, to which the defendant had taken steps to make available to the plaintiff means of ascertaining facts which were or might be relevant to the cause of action of the plaintiff against the defendant;\n\n(d) the duration of any disability or legal incapacity of the plaintiff arising on or after the date of discoverability;\n\n(e) the time within which the cause of action was discoverable;\n\n(f) the extent to which the plaintiff acted promptly and reasonably once the plaintiff knew that the act or omission of the defendant, to which the injury of the plaintiff was attributable, might be capable at that time of giving rise to an action for damages;\n\n(g) the steps, if any, taken by the plaintiff to obtain medical, legal or other expert advice and the nature of the advice he or she may have received.\n\n(2) To avoid doubt, the circumstances referred to in subsection (1) include the following—\n\n(a) whether the passage of time has prejudiced a fair trial of the claim; and\n\n(b) the nature and extent of the plaintiff's loss; and\n\n(c) the nature of the defendant's conduct.\n\n(3) In the application of this section to a cause of action that is a survivor action references in subsection (1) to the plaintiff include references tothe deceased and the applicant, or any of them, as appropriate in the circumstances.\n\n(4) In the application of this section to a cause of action that arises under Part III of the **Wrongs Act 1958**, references in subsection (1) to the plaintiff include references to the deceased, the executor or administrator of the deceased, and the beneficiaries, or any of them, as appropriate in the circumstances.\n\nS. 27M inserted by No. 60/2003 s. 14.\n\n","sortOrder":58},{"sectionNumber":"27M","sectionType":"section","heading":"Effect of expiry of limitation period prior to extension","content":"\t27M Effect of expiry of limitation period prior to extension\n\n(1) The powers conferred on a court by this Division may be exercised at any time even though—\n\n(a) the period of limitation has already expired; or\n\n(b) an action in respect of the death or personal injury has been commenced.\n\n(2) Section 23A(5) applies, with any necessary modifications, to an application under this Division.\n\nDivision 4—Transitional\n\nS. 27N inserted by No. 60/2003 s. 14.\n\n","sortOrder":59},{"sectionNumber":"27N","sectionType":"section","heading":"Transitional","content":"\t27N Transitional\n\n(1) This Part applies to causes of action where the act or omission alleged to have resulted in the death or personal injury with which the action is concerned occurs on or after 21 May 2003.\n\n(2) On and from 1 October 2003, this Part applies to causes of action where the act or omission alleged to have resulted in the death or personal injury with which the action is concerned occurred before 21 May 2003.\n\n(3) Subsection (2) does not apply to a cause of action for which proceedings were commenced in a court before 1 October 2003.\n\n(4) Despite subsection (2), nothing in Division 2 operates to extend a period of limitation applicable to a cause of action in relation to an act or omission that occurred before 21 May 2003 to a period longer than the period of limitation that would have applied to the cause of action if this Part had not been enacted.\n\n(5) Nothing in subsection (4) operates to prevent an application being made under Division 3 to extend a period of limitation referred to in that subsection.\n\nS. 27N(6) inserted by No. 9/2015 s. 3.\n\n(6) This section does not apply to a cause of action for which an action to which Division 5 applies may be brought.\n\nPt 2A Div. 5 (Heading and ss 27O–27R) inserted by No. 9/2015 s. 4.\n\nDivision 5—Actions for personal injury resulting from child abuse\n\nS. 27O inserted by No. 9/2015 s. 4.\n\n","sortOrder":60},{"sectionNumber":"27O","sectionType":"section","heading":"Application of Division","content":"\t27O Application of Division\n\n(1) This Division applies to an action if the action—\n\n(a) is in respect of a cause of action to which this Part applies or extends; and\n\n(b) is founded on the death or personal injury of a person resulting from—\n\n(i) an act or omission in relation to the person when the person is a minor that is physical abuse or sexual abuse; and\n\n(ii) psychological abuse (if any) that arises out of that act or omission.\n\n(2) Divisions 2 and 3 do not apply to an action of a kind referred to in section 27P.\n\n(3) Division 2 (other than section 27F) does not apply to an action of a kind referred to in section 27Q.\n\n(4) Division 3 applies to an action of a kind referred to in section 27Q as if a reference in section 27K(1) to a cause of action under Division 2 were a reference to a cause of action of a kind referred to in section 27Q.\n\nSee also section 27N(6).\n\nS. 27OA inserted by No. 30/2019 s. 31.\n\n\t27OA Definitions for this Division\n\nIn this Division—\n\nS. 27OA def. of *previous judgment* substituted by No. 5/2026 s. 4(a).\n\n***previous judgment*** means—\n\n(a) a judgment or an order in a previously barred cause of action; or\n\n(b) a judgment or an order in a cause of action to which this Division applies, including a dismissal, given or made during the period commencing on 13 November 2024 and ending on the date of commencement of the **Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026**;\n\n***previously barred cause of action*** means a cause of action to which this Division applies for which any applicable limitation period expired before 1 July 2015;\n\n1 July 2015 is the date of the commencement of the **Limitation of Actions Amendment (Child Abuse) Act 2015**.\n\nS. 27OA def. of *previously settled cause of action* amended by No. 43/2020 s. 44, substituted by No. 5/2026 s. 4(b).\n\n***previously settled cause of action*** means a cause of action to which this Division applies—\n\n(a) that was settled and given effect by a settlement agreement before 1 July 2018; or\n\n(b) that was settled and given effect by a settlement agreement during the period commencing on 13 November 2024 and ending on the date of commencement of the **Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026**;\n\n***settlement agreement*** means an agreement giving effect to the settlement of a cause of action to which this Division applies.\n\nS. 27P inserted by No. 9/2015 s. 4.\n\n\t27P No limitation period for certain actions\n\n(1) An action to which this Division applies that is not an action that arises under Part III of the **Wrongs Act 1958** may be brought at any time after the date on which the act or omission alleged to have resulted in the death or personal injury has occurred.\n\n(2) Subsection (1) applies whether the act or omission alleged to have resulted in the death or personal injury occurs before, on or after the commencement of section 4 of the **Limitation of Actions Amendment (Child Abuse) Act 2015**.\n\nS. 27Q inserted by No. 9/2015 s. 4.\n\n\t27Q No long-stop limitation period for certain actions arising under Part III of the Wrongs Act 1958\n\n(1) An action to which this Division applies that is an action that arises under Part III of the **Wrongs Act 1958** shall not be brought after the expiration of the period of 3 years from the date on which the cause of action is discoverable by the plaintiff.\n\nSee section 27F for when a cause of action is discoverable by a plaintiff.\n\n(2) Subsection (1) applies whether the date of death of the deceased is before, on or after the commencement of section 4 of the **Limitation of Actions Amendment (Child Abuse) Act 2015**.\n\nS. 27QA (Heading) amended by No. 5/2026 s. 5(1).\n\nS. 27QA inserted by No. 30/2019 s. 32.\n\n\t27QA Action may be brought on previously barred cause of action, certain other causes of action or previously settled cause of action\n\n(1) An action may be brought on a previously barred cause of action even if an action on the cause of action was dismissed—\n\n(a) on the ground that the action was brought after the expiry of any applicable limitation period; or\n\n(b) by refusing to extend any applicable limitation period.\n\nS. 27QA(1A) inserted by No. 5/2026 s. 5(2).\n\n(1A) An action may be brought on a cause of action to which this Division applies, even if judgment was given or an order was made (including dismissal) on that cause of action and the judgment or order (including dismissal) was given or made during the period commencing on 13 November 2024 and ending on the date of commencement of the **Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026**.\n\n(2) An action may be brought on a previously settled cause of action.\n\n(3) This section does not apply to—\n\n(a) any deed of release or accepted offer of redress under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 of the Commonwealth; or\n\n(b) any settlement that has been taken into account in any deed of release or accepted offer of redress under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 of the Commonwealth.\n\nS. 27QB inserted by No. 30/2019 s. 32.\n\n\t27QB Application to court to set aside previous judgments\n\nS. 27QB(1) amended by No. 5/2026 s. 6.\n\n(1) This section applies to an action referred to in section 27QA(1) or (1A).\n\n(2) In a proceeding to which this section applies, application may be made to the court for a previous judgment to be set aside.\n\n(3) A court other than the Supreme Court may not set aside a previous judgment of another court.\n\nS. 27QC inserted by No. 30/2019 s. 32.\n\n\t27QC Court's powers—set aside previous judgments\n\nS. 27QC(1) amended by No. 5/2026 s. 7.\n\n(1) On an application under section 27QB or otherwise in a proceeding on an action referred to in section 27QA(1) or (1A), the court, if satisfied that it is just and reasonable to do so—\n\n(a) may make an order setting aside the previous judgment, whether wholly or in part; and\n\n(b) may make any other order that it considers appropriate in the circumstances.\n\n(2) In hearing and determining any action to which this Division applies in relation to which there is a previous judgment which has been set aside, the court, if satisfied that it is just and reasonable to do so—\n\n(a) when awarding damages in relation to the action, may take into account any amounts paid or payable under that previous judgment; and\n\n(b) when awarding costs in relation to the action, may take into account any amounts paid or payable under that previous judgment.\n\nS. 27QD inserted by No. 30/2019 s. 32.\n\n\t27QD Application to court to set aside previously settled causes of action\n\n(1) This section applies to an action referred to in section 27QA(2).\n\n(2) In a proceeding to which this section applies, application may be made to the court for the settlement agreement and any judgment or order giving effect to the settlement of the previously settled cause of action to be set aside.\n\n(3) A court other than the Supreme Court may not set aside a judgment or an order of another court.\n\nS. 27QE inserted by No. 30/2019 s. 32.\n\n\t27QE Court's powers—previously settled causes of action\n\n(1) On an application under section 27QD or otherwise in a proceeding on an action referred to in section 27QA(2), the court, if satisfied that it is just and reasonable to do so—\n\n(a) may make an order setting aside the settlement agreement and any judgment or order giving effect to the settlement of the previously settled cause of action, whether wholly or in part; and\n\n(b) may make any other order that it considers appropriate in the circumstances.\n\n(2) In hearing and determining any action to which this Division applies on a previously settled cause of action, the court, if satisfied that it is just and reasonable to do so—\n\n(a) when awarding damages in relation to the action, may take into account any consideration (whether monetary or non-monetary) paid, payable or given or to be given under—\n\n(i) a settlement agreement set aside under this section; or\n\n(ii) any other agreement related to the settlement that has been set aside under this section; and\n\n(b) when awarding costs in relation to the action, may take into account any amounts paid or payable as costs under—\n\n(i) a settlement agreement set aside under this section; or\n\n(ii) any other agreement related to the settlement that has been set aside under this section.\n\nS. 27QF inserted by No. 30/2019 s. 32.\n\n\t27QF Recovery of amounts under previous judgment or previous settlement agreement which is set aside\n\n(1) If the court makes an order under section 27QC setting aside a previous judgment (whether wholly or in part), any person or entity who paid an amount under that previous judgment is not entitled to seek to recover the amount on the basis that the previous judgment has been set aside.\n\n(2) If the court makes an order under section 27QE setting aside a settlement agreement (whether wholly or in part)—\n\n(a) the settlement agreement and any other agreement related to the settlement (other than a contract of insurance) ceases to have effect to the extent specified in that order; and\n\n(b) in accordance with the terms of that order, any party to that settlement agreement and any other agreement related to the settlement (other than a contract of insurance) is not entitled to seek to recover any money paid by, or for, that party under that settlement agreement or other agreement.\n\nS. 27R inserted by No. 9/2015 s. 4, amended by No. 5/2026 s. 8 (ILA s. 39B(1)).\n\n","sortOrder":61},{"sectionNumber":"27R","sectionType":"section","heading":"Interaction with other powers of court","content":"\t27R Interaction with other powers of court\n\n(1) Nothing in this Division limits—\n\n(a) in the case of the Supreme Court, the court's inherent jurisdiction, implied jurisdiction or statutory jurisdiction; or\n\n(b) in the case of a court other than the Supreme Court, the court's implied jurisdiction or statutory jurisdiction; or\n\n(c) any other powers of a court arising or derived from the common law or under any other Act (including any Commonwealth Act), rule of court, practice note or practice direction.\n\nS. 27R(2) inserted by No. 5/2026 s. 8.\n\n(2) Subject to subsection (3), under this Division, a court may set aside a settlement agreement or a judgment or an order of that court but may not set aside a settlement agreement or a judgment or an order of another court.\n\nS. 27R(3) inserted by No. 5/2026 s. 8.\n\n(3) The Supreme Court may set aside a settlement agreement or a judgment or an order of the Supreme Court or another court (other than the High Court).\n\n**Example**\n\nThis Division does not limit a court's power to summarily dismiss or permanently stay proceedings where the lapse of time has a burdensome effect on the defendant that is so serious that a fair trial is not possible.\n\nS. 27S inserted by No. 43/2020 s. 45.\n\n","sortOrder":62},{"sectionNumber":"27S","sectionType":"section","heading":"Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020","content":"\t27S Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020\n\nSections 27OA, as amended by the **Justice Legislation Amendment (Drug Court and Other Matters) Act 2020**, applies to a cause of action accrued or accruing before, on or after the commencement of that amendment.\n\nS. 27T inserted by No. 5/2026 s. 9.\n\n","sortOrder":63},{"sectionNumber":"27T","sectionType":"section","heading":"Transitional provision—Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026","content":"\t27T Transitional provision—Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026\n\nThis Division, as amended by the **Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026**, applies to any cause of action to which this Division applies which, during the period commencing on 13 November 2024 and ending on the date of commencement of the **Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026**—\n\n(a) was settled during that period; or\n\n(b) was determined by a court (including by dismissal) during that period; or\n\n(c) was commenced but not settled or determined before the commencement of that Act.\n\nPart III—General\n\nNo. 5914 s. 28.\n\n","sortOrder":64},{"sectionNumber":"28","sectionType":"section","heading":"Application of Act to arbitrations","content":"\t28 Application of Act to arbitrations\n\n(1) This Act shall apply to arbitrations in like manner as it applies to actions.\n\nS. 28(2) amended by No. 10167 s. 3(1).\n\n(2) Notwithstanding any term in an arbitration agreement to the effect that no cause of action shall accrue in respect of any matter required by the arbitration agreement to be referred to arbitration until an award is made under the arbitration agreement, the cause of action shall for the purpose of this Act (whether in its application to arbitrations or to other proceedings) be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the arbitration agreement.\n\nS. 28(3) amended by No. 10167 s. 3(1), substituted by No. 50/2011 s. 46(Sch. item 11.2).\n\n(3) For the purposes of this Act—\n\n(a) an arbitration in accordance with an arbitration agreement is taken to be commenced on the date agreed by the parties to the arbitration agreement or the date specified in the **Commercial Arbitration Act 2011**;\n\n(b) an arbitration under an Act of Parliament is taken to be commenced when one party to the arbitration serves on the other party or parties a notice requiring the other party or parties—\n\n(i) to appoint an arbitrator or to agree to the appointment of an arbitrator; or\n\n(ii) if the Act, or a subordinate instrument made under the Act, provides that the reference is to be made to a named or designated person, to submit the dispute to that person.\n\nS. 28(4) amended by Nos 10167 s. 3(1), 50/2011 s. 46(Sch. item 11.3).\n\n(4) A notice under subsection (3)(b) may be served—\n\n(a) by delivering it to the person on whom it is to be served; or\n\n(b) by leaving it at the usual or last-known place of abode of that person; or\n\n(c) by sending it by post in a registered letter addressed to that person at his usual or last-known place of abode—\n\nas well as in any other manner provided by or under the Act of Parliament.\n\n(5) Where a court orders that an award be set aside or orders, after the commencement of an arbitration, that the arbitration shall cease to have effect with respect to the dispute referred, the court may further order that the period between the commencement of the arbitration and the date of the order of the court shall be excluded in computing the time prescribed by this Act for the commencement of proceedings (including arbitration) with respect to the dispute referred.\n\nS. 28(6) amended by Nos 10167 s. 3(1), 50/2011 s. 46(Sch. item 11.4).\n\n(6) This section shall apply to an arbitration under an Act of Parliament as well as to an arbitration pursuant to an arbitration agreement.\n\nNo. 5914 s. 29.\n\n","sortOrder":65},{"sectionNumber":"29","sectionType":"section","heading":"Applications for foreclosure under Transfer of Land Act 1958","content":"\t29 Applications for foreclosure under Transfer of Land Act 1958\n\nThis Act shall apply to applications for foreclosure under the **Transfer of Land Act 1958** in like manner as it applies to foreclosure actions.\n\nNo. 5914 s. 30.\n\n","sortOrder":66},{"sectionNumber":"30","sectionType":"section","heading":"Provisions as to set-off or counterclaim","content":"\t30 Provisions as to set-off or counterclaim\n\nFor the purposes of this Act, any claim by way of set-off or counterclaim shall be deemed to be a separate action and to have been commenced on the same date as the action in which the set-off or counterclaim is pleaded.\n\nNo. 5914 s. 31.\n\n","sortOrder":67},{"sectionNumber":"31","sectionType":"section","heading":"Acquiescence","content":"\t31 Acquiescence\n\nNothing in this Act shall affect any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise.\n\nNo. 5914 s. 32.\n\n","sortOrder":68},{"sectionNumber":"32","sectionType":"section","heading":"Application to the Crown","content":"\t32 Application to the Crown\n\n(1) Save as in this Act otherwise expressly provided this Act shall apply to proceedings by or against the Crown in like manner as it applies to proceedings between subjects:\n\nProvided that this Act shall not apply to any proceedings by the Crown for the recovery of any tax or duty or interest thereon.\n\n(2) For the purposes of this section proceedings by or against the Crown shall include proceedings by or against any Government Department or any officer of the Crown as such or any person acting on behalf of the Crown.\n\nNo. 5914 s. 33.\n\nS. 33 amended by No. 60/2003 s. 15\n\n","sortOrder":69},{"sectionNumber":"33","sectionType":"section","heading":"Saving","content":"\t33 Saving\n\nThe periods of limitation prescribed by this Act shall not apply to any action or arbitration for which a period of limitation is prescribed by any other enactment including, without affecting the generality of the foregoing, and except as provided in Part IIA, the provisions of section twenty-nine of the **Administration and Probate Act 1958** and section twenty of the **Wrongs Act 1958**.\n\nS. 34  \nrepealed by No. 7457 s. 2, new s. 34 inserted by No. 110/1986 s. 136.\n\n","sortOrder":70},{"sectionNumber":"34","sectionType":"section","heading":"Abrogation of rule in Weldon v. Neal (1887) 19 Q.B.D. 394","content":"\t34 Abrogation of rule in Weldon v. Neal (1887) 19 Q.B.D. 394\n\n(1) If a court would, but for the expiry of any relevant period of limitation after the day a proceeding in the court has commenced, allow a party to amend a document in the proceeding, the court must allow the amendment to be made if it is satisfied that no other party to the proceeding would by reason of the amendment be prejudiced in the conduct of that party's claim or defence in a way that could not be met by an adjournment, an award of costs or otherwise.\n\n(2) This section does not apply to an amendment in a proceeding commenced before 1 January 1987.\n\nNo. 5914 s. 35.\n\nS. 35 amended by No. 30/2019 s. 33 (ILA s. 39B(1)).\n\n","sortOrder":71},{"sectionNumber":"35","sectionType":"section","heading":"Provisions as to actions already barred and pending actions","content":"\t35 Provisions as to actions already barred and pending actions\n\n(1) Nothing in this Act shall—\n\n(a) enable any action to be brought which was barred before the commencement of the **Limitation of Actions Act 1955** by an enactment repealed or amended by that Act, except in so far as the cause of action or right of action may be revived by acknowledgment or part payment made in accordance with the provisions of this Act; or\n\n(b) affect any action arbitration or application commenced before the commencement of that Act or the title to any property which is the subject of any such action arbitration or application.\n\nS. 35(2) inserted by No. 30/2019 s. 33, amended by No. 43/2020 s. 46.\n\n(2) Subsection (1) does not apply to an action to which sections 27QA to 27QF, as inserted by the **Children Legislation Amendment Act 2019** and as amended by the **Justice Legislation Amendment (Drug Court and Other Matters) Act 2020**, apply.\n\nS. 36  \ninserted by No. 102/1993 s. 5.\n\n","sortOrder":72},{"sectionNumber":"36","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t36 Supreme Court—limitation of jurisdiction\n\nIt is the intention of this section to alter or vary section 85 of the **Constitution Act 1975** to the extent necessary to prevent the Supreme Court entertaining a proceeding to which section 20A (as in force after the commencement of the **Limitation of Actions (Amendment) Act 1993**) applies that is brought after the expiration of the period referred to in that section, or making an Order of a kind referred to in subsection (4) of that section.\n\nS. 37  \ninserted by No. 120/1993 s. 78.\n\n","sortOrder":73},{"sectionNumber":"37","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t37 Supreme Court—limitation of jurisdiction\n\nIt is the intention of this section to alter or vary section 85 of the **Constitution Act 1975** to the extent necessary to prevent the Supreme Court from entertaining an action brought in respect of any land by any person in possession of that land adverse to the Public Transport Corporation established under the **Transport Act 1983**.\n\nS. 38 inserted by No. 52/2002 s. 4.\n\n","sortOrder":74},{"sectionNumber":"38","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t38 Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 5, as amended by the **Limitation of Actions (Amendment) Act 2002**, to alter or vary section 85 of the **Constitution Act** **1975**.\n\nS. 38A inserted by No. 60/2003 s. 16.\n\n","sortOrder":75},{"sectionNumber":"38A","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t38A Supreme Court—limitation of jurisdiction\n\nIt is the intention of Part IIA to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 38B inserted by No. 8/2004 s. 5.\n\n","sortOrder":76},{"sectionNumber":"38B","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t38B Supreme Court—limitation of jurisdiction\n\n(1) It is the intention of section 20A, as amended by section 3 of the **Limitation of Actions (Amendment) Act 2004**, to alter or vary section 85 of the **Constitution Act 1975**.\n\n(2) It is the intention of section 20B to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 38C inserted by No. 30/2019 s. 34.\n\n","sortOrder":77},{"sectionNumber":"38C","sectionType":"section","heading":"Regulations","content":"\t38C Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required to be prescribed by this Act or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or limited application; and\n\n(b) may differ according to differences in time, place or circumstance.\n\nS. 39 inserted by No. 52/2002 s. 4.\n\n","sortOrder":78},{"sectionNumber":"39","sectionType":"section","heading":"Transitional","content":"\t39 Transitional\n\nSections 5, 23 and 23A, as amended by section 3 of the **Limitation of Actions (Amendment) Act** **2002**, apply to causes of action that accrue on or after the commencement of that section 3.\n\nS. 39A inserted by No. 8/2004 s. 6.\n\n","sortOrder":79},{"sectionNumber":"39A","sectionType":"section","heading":"Transitional—2004 amending Act","content":"\t39A Transitional—2004 amending Act\n\nThe amendments made to this Act by the **Limitation of Actions (Amendment) Act 2004** apply to and in relation to money paid before, on or after 4 March 2004 but do not apply to a proceeding commenced before that date.\n\nS. 39B inserted by No. 26/2023 s. 74.\n\n","sortOrder":80},{"sectionNumber":"39B","sectionType":"section","heading":"Transitional—2023 amending Act","content":"\t39B Transitional—2023 amending Act\n\nThe amendment made to this Act by section 73 of the **Justice Legislation Amendment Act 2023** applies on and after the commencement of Division 3 of Part 10 of that Act to causes of action whether accruing before, on or after that commencement.\n\nS. 40 inserted by No. 52/2002 s. 4.\n\n","sortOrder":81},{"sectionNumber":"40","sectionType":"section","heading":"Saving","content":"\t40 Saving\n\nDespite anything to the contrary in this Act, this Act as in force immediately before the commencement of section 3 of the **Limitation of Actions (Amendment) Act 2002** continues to apply to—\n\nS. 40(a) amended by No. 73/2016 s. 5.\n\n(a) actions for damages to which Part IV of the **Accident Compensation Act 1985** or Part 7 of the **Workplace Injury Rehabilitation and Compensation Act 2013** applies; and\n\n(b) actions for damages in respect of an injury which entitles, or may entitle, a worker within the meaning of the **Workers Compensation Act 1958** to compensation under that Act; and\n\n(c) actions for damages to which Part 6 or Part 10 of the **Transport Accident Act 1986** applies.\n\nS. 41 inserted by No. 48/2025 s. 42.\n\n","sortOrder":82},{"sectionNumber":"41","sectionType":"section","heading":"Transitional provision—State Taxation Further Amendment Act 2025","content":"\t41 Transitional provision—State Taxation Further Amendment Act 2025\n\nThe amendment made to section 27 by the **State Taxation Further Amendment Act 2025** applies to and in relation to money paid before, on or after the commencement of Part 7 of that Act but does not apply to a proceeding commenced before the commencement of Part 7 of that Act.\n\nSchedule\n\n| *Number   of Act* | *Title of Act* | *Extent of Repeal* |\n| --- | --- | --- |\n| 5914 | **Limitation of Actions Act 1955** | So much as is not already or otherwise repealed. |\n| 5941 | **Limitation of Actions (Extension) Act 1956** | The whole. |\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Limitation of Actions Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Limitation of Actions Act 1958** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Limitation of Actions (Recovery of Imposts) Act 1961, No. 6845/1961**\n\n| Assent Date: | 19.12.61 |\n| Commencement Date: | 19.12.61 |\n\n**Limitation of Actions (Notice of Action) Act 1966, No. 7457/1966**\n\n| Assent Date: | 22.11.66 |\n| Commencement Date: | 1.1.67: Government Gazette 21.12.66 p. 4264 |\n\n**Limitation of Actions (Personal Injuries) Act 1972, No. 8300/1972**\n\n| Assent Date: | 17.10.72 |\n| Commencement Date: | 1.1.73: s. 1(3) |\n\n**Age of Majority Act 1977, No. 9075/1977**\n\n| Assent Date: | 6.12.77 |\n| Commencement Date: | 1.2.78: Government Gazette 11.1.78 p. 97 |\n\n**Statute Law Revision Act 1980, No. 9427/1980**\n\n| Assent Date: | 27.5.80 |\n| Commencement Date: | 27.5.80 (subject to s. 6(2)) |\n\n**Limitation of Actions (Personal Injury Claims) Act 1983, No. 9884/1983**\n\n| Assent Date: | 10.5.83 |\n| Commencement Date: | 11.5.83: Government Gazette 11.5.83 p. 1145 |\n\n**Commercial Arbitration Act 1984, No. 10167/1984**\n\n| Assent Date: | 20.11.84 |\n| Commencement Date: | 1.4.85: Government Gazette 20.2.85 p. 372 |\n\n**Mental Health Act 1986, No. 59/1986**\n\n| Assent Date: | 3.6.86 |\n| Commencement Date: | Ss 1–3, 21, 23, Sch. 1 on 19.6.87: Government Gazette 17.6.87 p. 1538; rest of Act on 1.10.87: Government Gazette 30.9.87 p. 2585 |\n\n**Supreme Court Act 1986 , No. 110/1986**\n\n| Assent Date: | 16.12.86 |\n| Commencement Date: | 1.1.87: s. 2 |\n\n**Limitation of Actions (Amendment) Act 1989, No. 21/1989**\n\n| Assent Date: | 30.5.89 |\n| Commencement Date: | 30.5.89: Special Gazette (No. 27) 30.5.89 p. 1 |\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989**\n\n| Assent Date: | 14.6.89 |\n| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |\n\n**Limitation of Actions (Amendment) Act 1993, No. 102/1993**\n\n| Assent Date: | 23.11.93 |\n| Commencement Date: | 15.10.93: s. 2 |\n\n**Transport (Amendment) Act 1993, No. 120/1993**\n\n| Assent Date: | 7.12.93 |\n| Commencement Date: | Pt 1 (ss 1–3), ss 56, 58, 60, 61(2), 65–71, 73–79 on 7.12.93; Pt 2 (ss 4–55), ss 57, 59, 61(1), 62, 63 on 19.12.93: s. 2(2); rest of Act on 30.5.94: s. 2(4) |\n\n**Rail Corporations (Amendment) Act 1997, No. 104/1997**\n\n| Assent Date: | 16.12.97 |\n| Commencement Date: | S. 50 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1 |\n\n**Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998**\n\n| Assent Date: | 2.6.98 |\n| Commencement Date: | S. 311(Sch. 1 item 50) on 1.7.98: Government Gazette 18.6.98 p. 1512 |\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 3(Sch. 1 item 71) on 22.11.00: s. 2(1) |\n\n**Transport (Further Amendment) Act 2001, No. 54/2001**\n\n| Assent Date: | 2.10.01 |\n| Commencement Date: | S. 39 on 30.6.03: s. 2(5) |\n\n**Limitation of Actions (Amendment) Act 2002, No. 52/2002**\n\n| Assent Date: | 4.11.02 |\n| Commencement Date: | 5.11.02: s. 2 |\n\n**Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003, No. 60/2003**\n\n| Assent Date: | 16.6.03 |\n| Commencement Date: | Ss 11–16 on 21.5.03: s. 2(1) |\n\n**Limitation of Actions (Amendment) Act 2004, No. 8/2004**\n\n| Assent Date: | 11.5.04 |\n| Commencement Date: | 4.3.04: s. 2 |\n\n**Limitation of Actions (Adverse Possession) Act 2004, No. 76/2004**\n\n| Assent Date: | 9.11.04 |\n| Commencement Date: | 26.11.04: Special Gazette (No. 245) 26.11.04 p. 1 |\n\n**Defamation Act 2005, No. 75/2005**\n\n| Assent Date: | 2.11.05 |\n| Commencement Date: | Ss 47, 48 on 1.1.06: s. 2 |\n\n**Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006**\n\n| Assent Date: | 15.8.06 |\n| Commencement Date: | S. 42(Sch. item 21) on 23.4.07: s. 2(3) |\n\n**Owners Corporations Act 2006, No. 69/2006**\n\n| Assent Date: | 19.9.06 |\n| Commencement Date: | S. 222 on 31.12.07: s. 2(2) |\n\n**Water (Governance) Act 2006, No. 85/2006**\n\n| Assent Date: | 17.10.06 |\n| Commencement Date: | S. 161 on 18.10.06: s. 2(1) |\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| Commencement Date: | S. 203(1)(Sch. 6 item 28) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n\n**Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | S. 48(Sch. item 15) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 |\n\n**Statute Law Revision Act 2011, No. 29/2011**\n\n| Assent Date: | 21.6.11 |\n| Commencement Date: | S. 3(Sch. 1 item 51) on 22.6.11: s. 2(1) |\n\nCommercial Arbitration Act 2011, No. 50/2011\n\n| Assent Date: | 18.10.11 |\n| Commencement Date: | S. 46(Sch. item 11) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1 |\n\n**Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012**\n\n| Assent Date: | 3.4.12 |\n| Commencement Date: | S. 90 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 |\n\n**Australian Consumer Law and Fair Trading Act 2012, No. 21/2012**\n\n| Assent Date: | 8.5.12 |\n| Commencement Date: | S. 239(Sch. 6 item 25) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 |\n\n**Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013**\n\n| *Assent Date:* | 12.11.13 |\n| *Commencement Date:* | S. 649(Sch. 9 item 21) on 1.7.14: s. 2(1) |\n\n**Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014**\n\n| *Assent Date:* | 9.9.14 |\n| *Commencement Date:* | S. 168 on 1.3.16: s. 2(3) |\n\n**Limitation of Actions Amendment (Child Abuse) Act 2015, No. 9/2015**\n\n| *Assent Date:* | 21.4.15 |\n| *Commencement Date:* | Ss 3, 4 on 1.7.15: Special Gazette (No. 183) 30.6.15 p. 1 |\n\n**Compensation Legislation Amendment Act 2016, No. 73/2016**\n\n| *Assent Date:* | 13.12.16 |\n| *Commencement Date:* | S. 5 on 1.7.14: s. 2(2) |\n\n**Guardianship and Administration Act 2019, No. 13/2019**\n\n| Assent Date: | 4.6.19 |\n| Commencement Date: | S. 221(Sch. 1 item 27) on 1.3.20: s. 2(2) |\n\n**Children Legislation Amendment Act 2019, No. 30/2019**\n\n| *Assent Date:* | 17.9.19 |\n| *Commencement Date:* | Ss 31–34 on 18.9.19: s. 2(1) |\n\n**Local Government Act 2020, No. 9/2020**\n\n| *Assent Date:* | 24.3.20 |\n| *Commencement Date:* | S. 390(Sch. 1 item 61) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n\n**Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, No. 35/2020**\n\n| Assent Date: | 17.11.20 |\n| Commencement Date: | Ss 40−43 on 1.7.21: Special Gazette (No. 292) 16.6.21 p. 1 |\n\n**Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, No. 43/2020**\n\n| *Assent Date:* | 8.12.20 |\n| *Commencement Date:* | Ss 44−46 on 26.4.21: s. 2(2) |\n\n**Justice Legislation Amendment Act 2023, No. 26/2023**\n\n| *Assent Date:* | 10.10.23 |\n| *Commencement Date:* | Ss 73, 74 on 11.10.23: s. 2(1) |\n\n**State Taxation Further Amendment Act 2025, No. 48/2025**\n\n| *Assent Date:* | 25.11.25 |\n| *Commencement Date:* | Ss 41, 42 on 25.11.25: s. 2(1) |\n\n**Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026, No. 5/2026**\n\n| *Assent Date:* | 24.2.26 |\n| *Commencement Date:* | Ss 4–9 on 25.2.26: s. 2 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 20A: Section 6 of the **Limitation of Actions (Amendment) Act 1993**, No. 102/1993 reads as follows:\n\n  6 Transitional provision\n\n  Section 20A of the Principal Act, as substituted by this Act, applies to payments made before, on or after the commencement of this section, other than payments in respect of which proceedings have been brought before that commencement. [↑](#endnote-ref-2)","sortOrder":83}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":791},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded dramatically from its original 1958 purpose of consolidating limitation periods. Major scope expansions include: (1) Part IIA (2003) introducing discoverability-based limitation for personal injury; (2) Division 5 (2015, expanded 2019-2026) creating unlimited time for child abuse claims with power to revive previously barred actions and overturn settled cases; (3) extensive defamation amendments (2005, 2020) addressing electronic publication; (4) tax recovery limitations (1993, 2004); and (5) adverse possession restrictions for public bodies. The child abuse provisions in particular transform the Act from a procedural time-bar statute into a mechanism for historical justice with retrospective effect."},"complexity_factors":["Multiple overlapping limitation regimes (general 6-year, personal injury 3-year/12-year, defamation 1-year/3-year, land 15-year, tax 12-month)","Extensive cross-referencing with other Victorian Acts (Wrongs Act, Defamation Act, Guardianship and Administration Act, etc.)","Nested exceptions and extensions: disability extensions, fraud postponement, acknowledgment/part payment rules, court discretionary extensions","Part IIA contains elaborate discoverability test for personal injury with special rules for minors, close relatives, survivor actions, and legal incapacity","Division 5 (child abuse) creates complex retrospective machinery: reviving barred causes of action, setting aside previous judgments and settlements, with detailed transitional provisions","Multiple transitional provisions scattered throughout (ss 23C, 23D, 27N, 27S, 27T, 39, 39A, 39B, 40, 41)","Defined terms include complex concepts like 'discoverable', 'long-stop limitation period', 'survivor action', 'close associate'","Interaction between general limitation rules and excluded compensation schemes (workers compensation, transport accidents, etc.)","Single publication rule for defamation with materially different manner test","Adverse possession rules with specific exclusions for Crown, rail, water authorities, councils, and owners corporations"],"plain_english_summary":"This is Victoria's **Limitation of Actions Act 1958**, which sets time limits for starting legal proceedings. If you wait too long, you lose your right to sue.\n\n**What it covers:**\n\n- **Contracts and torts** (civil wrongs like negligence): **6 years** from when the cause of action arose\n- **Personal injury claims**: **3 years** from when the injury was discoverable, with a 12-year \"long-stop\" maximum\n- **Defamation**: **1 year** from publication (extendable to 3 years by court order)\n- **Land recovery**: **15 years** from when the right to sue arose\n- **Mortgages/charges**: **15 years** to recover principal money\n- **Trust property**: **6 years** (no limit for fraud by trustees)\n- **Tax recovery**: **12 months** from payment (special rules apply)\n\n**Key special features:**\n\n- **Child abuse claims**: No time limit for most actions; previously barred claims can be revived\n- **Disabled persons**: Time limits extended while under disability\n- **Fraud or mistake**: Clock doesn't start until discovery\n- **Acknowledgment or part payment**: Can restart the clock\n\n**Who it affects:** Anyone considering legal action in Victoria—individuals, businesses, property owners, and institutions. The Act prevents stale claims where evidence may be lost and provides certainty for defendants.\n\n**Recent significant changes:** Special rules for child abuse (2015 onwards) allow claims regardless of when the abuse occurred, and can overturn previous court judgments or settlements if justice requires."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the metadata available, the Act appears to have retained its original core purpose of setting limitation periods for legal actions in Victoria. While amendments over the decades (e.g. changes related to personal injury, child abuse claims, and other reforms) have expanded or modified specific provisions, the fundamental scope — establishing time limits on the right to sue — has remained consistent with the original 1958 intent."},"complexity_factors":["Multiple different limitation periods apply depending on the type of legal claim (contract, tort, property, personal injury, etc.)","Rules about when the limitation 'clock' starts can be complex — especially for latent injuries or fraud cases where harm is discovered late","Exceptions and extensions to time limits add significant nuance (e.g. disability, minority, fraudulent concealment)","Interaction with other Victorian and Commonwealth laws can create confusion about which limitation period applies","The law has been amended multiple times since 1958, creating version history complexity","Only metadata was provided — actual provisions unavailable for full analysis, limiting precision of assessment","Older legislation style tends to use dense, archaic drafting language"],"plain_english_summary":"## Limitation of Actions Act 1958 (Victoria)\n\n**What is this law?**\nThis is a Victorian law that sets **deadlines for taking legal action** (called 'limitation periods'). If you've been wronged — whether through a broken contract, personal injury, property dispute, or other legal harm — this law sets out how long you have to go to court before your right to sue expires.\n\n**Why does it matter to you?**\n- If you **miss the deadline**, you generally lose the right to sue — even if your claim is completely valid\n- The clock typically starts ticking from the moment the harm or wrong occurred (though there are exceptions, such as when you didn't know about the harm)\n- Different types of claims have **different time limits** — for example, personal injury claims, contract disputes, and property matters each have their own deadlines\n\n**Who does this affect?**\n- Anyone considering taking someone to court in Victoria\n- Anyone who has been sued or threatened with legal action\n- Lawyers advising clients on whether it's too late to pursue a claim\n\n**Key practical takeaway:** If something bad has happened to you and you think you might have a legal claim, **do not wait**. Seek legal advice promptly, because this law can permanently shut the door on your ability to get justice if you delay too long.\n\n> ⚠️ *Note: Only the metadata/header of this Act was provided for analysis — full provisions were not included. This summary reflects the general nature and purpose of limitation of actions legislation.*"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act began as a consolidation of limitation law ('An Act to consolidate the Law relating to the Limitation of Time for commencing Actions and Arbitrations'). Over time its scope has been significantly modified by statute to add discovery-based limitation rules for personal injury (Part IIA, ss 27D–27F), a single-publication rule and short-defamation regime with concern-notice mechanics and a court extension power (ss 5(1AAA), 5A, 23B), express statutory protections against adverse possession for the Crown and multiple public bodies (ss 7, 7A, 7AB, 7B, 7C), a short statutory window and windfall limitation for tax recovery proceedings (ss 20A–20B), and a child-abuse regime that removes limitation periods for many claims and permits previously barred or settled claims to be re‑brought or prior judgments/settlements set aside subject to court approval (ss 27O–27R, 27QA–27QF). Those later additions both expand claimant access in specified contexts and introduce new, narrower time limits in others, creating a statutory landscape that departs materially from the purely consolidating focus of the 1958 enactment (see the many amending and transitional provisions throughout the Act)."},"complexity_factors":["Multiple, overlapping limitation periods keyed to cause-of-action types (contract, tort, personal injury, defamation, land, mortgage, tax, trust) (s 5; s 27D; ss 20A–20B; s 21)","Discovery-based rules and a statutory long-stop for personal injury, with special rules for minors, persons under disability and survivors (Part IIA: ss 27D–27J)","Broad judicial discretion to extend limitation periods and to set aside prior judgments or settlements in child-abuse matters (ss 23A; 27K–27L; 27QC–27QE)","Detailed accrual and adverse-possession rules for land claims, plus express carve-outs protecting Crown and specified public bodies from adverse possession (ss 8–18; ss 7, 7A, 7AB, 7B, 7C)","Transitional and savings provisions and numerous amendments spread across decades that affect retrospective application and previously barred or settled claims (many transitional clauses, e.g. ss 27N, 23C, 23D, 39, 39A, 39B, 27T)","Special procedural formalities (written acknowledgments, concerns notices for defamation) and formulaic extension mechanics (ss 24–25; s 5(1AAB)–(1AAC))","Interplay with other statutes and tribunals (Commercial Arbitration Act, Defamation Act, Wrongs Act, various compensation Acts), producing cross-references and exclusions (s 3; s 28; ss 23, 33, Part IIA cross-references)","Statutory 'no limitation' carve-outs (trustee fraud; many child-abuse claims) beside strict short windows (tax recovery), creating asymmetrical exposure (ss 21; 27P; ss 20A–20B)","Mechanisms allowing reopening of finalised matters (setting aside prior judgments or settlement agreements in limited cases) increase juridical and administrative complexity (ss 27QA–27QF)"],"plain_english_summary":"What this Act does, mechanically\n\n- The Limitation of Actions Act 1958 sets time limits for starting civil legal proceedings and arbitrations in Victoria. It lists different limitation periods for different types of claims and provides rules about when those time limits start, stop, can be extended, or do not apply. (See Parts I, II and Part IIA.)\n\nKey limitation periods and rules (how it works)\n\n- Contract, tort and many statutory claims: generally 6 years from when the cause of action accrued. (s 5(1))\n- Personal injury claims: governed by a discovery-style rule — usually 3 years from the date the cause of action is discoverable, subject to a 12-year long-stop from the date of the act or omission. There are special rules for persons under disability and for minors injured by close relatives/associates. (Part IIA: ss 27D–27J)\n- Defamation: 1-year primary limitation from publication, with a statutory mechanism to extend the running period by a short concerns-notice period and a court power to extend up to 3 years in limited circumstances; also a single-publication rule treats substantially identical republications as accruing from the first publication unless the subsequent publication is materially different. (ss 5(1AAA), 5(1AAB)–(1AAC), 5A, 23B)\n- Actions to recover land: 15 years from accrual in most cases, with detailed rules about accrual, adverse possession, and special protections for trustees and settled land. (ss 8–18, 11)\n- Mortgage/charge recovery and foreclosure: 15 years for money secured by mortgage or charge, with special rules about possession and future interests. (s 20)\n- Recovery of tax/other imposts paid by mistake or under invalid law: generally a 12-month limitation from payment (subject to a few exceptions); courts will only allow recovery where it would not produce a windfall to the claimant. (ss 20A–20B)\n- Trust claims by beneficiaries for fraud or to recover trust property: no limitation for claims involving trustee fraud; otherwise a 6-year period applies in many trust cases. (s 21)\n- Arbitration: the Act applies to arbitrations in the same way as to court actions; the Act specifies when an arbitration is treated as commenced and allows excluded arbitration periods to be disregarded in certain circumstances. (s 28)\n\nExtension, suspension and exclusion mechanisms\n\n- Disability: limitation periods are extended where the claimant was a minor or of unsound mind when the cause of action accrued. (s 23)\n- Acknowledgment / part payment: a written acknowledgment or part payment can restart the limitation period. (ss 24–26)\n- Fraud or mistake: limitation does not start to run until the plaintiff discovered, or with reasonable diligence could have discovered, the fraud or mistake. (s 27)\n- Court discretion: courts have broad statutory powers to extend limitation periods for personal-injury and some other claims where it is just and reasonable to do so, and must weigh factors like delay reasons and prejudice to defendants. (ss 23A, 27K–27L, 23B)\n\nSpecial regimes increasing or reducing exposure\n\n- Child-abuse claims: a separate Division removes limitation periods for many actions founded on child abuse and creates mechanisms to permit actions previously barred or settled to be brought or for prior judgments/settlements to be set aside, subject to court supervision. (ss 27O–27R, 27QA–27QF)\n- Public bodies and adverse possession: the Act expressly prevents title by adverse possession against the Crown and certain public authorities and bodies (Public Transport Corporation/Victorian Rail Track, water authorities, Councils, owners corporations). That removes an avenue for acquiring title by long possession against those entities. (ss 7, 7A, 7AB, 7B, 7C)\n\nWho is affected, who pays, who decides\n\n- Claimants: must bring claims within the statutory periods or satisfy court discretion to extend them; for some claims (child abuse) limitation may not apply at all. Claimants bear evidentiary burdens (e.g. proving discoverability, proving non-windfall in tax recovery). (ss 27F, 20B)\n- Defendants and institutions: benefit from time limits that extinguish stale claims but also face expanded exposure in particular areas (notably child-abuse and discovery-based personal-injury rules). Public bodies have statutory protection against adverse possession. (ss 7, 27P)\n- Courts: exercise significant discretionary power to extend limitation periods, to decide discoverability points, and in the child-abuse regime to set aside prior judgments or settlements where just and reasonable. The Act supplies statutory factors the court must consider. (ss 23A(2)–(3), 27K–27L, 27QC–27QE)\n\nImplementation, compliance and risk trade-offs\n\n- Compliance burden on litigants: claimants must track multiple, claim-type-specific limitation rules, gather proof about discoverability, disability, part payments and whether recovery would be a windfall (tax claims). Formal requirements include written acknowledgments and, for defamation, the concerns-notice timing rules. (ss 24–25, 5(1AAB)–(1AAC), 20B)\n- Administrative and judicial cost: the discovery regime, extension applications, and the power to re-open previously decided or settled claims (in child-abuse cases) increase demands on court time and evidence-intensive hearings. (ss 27D–27K, 27QA–27QF)\n- Effects on organisations and insurers: institutions, insurers and publishers face legal uncertainty and potentially longer tails for exposure in defined areas (personal injury and child abuse), while tax authorities and the Crown benefit from short statutory windows for recovery of overpaid imposts. (ss 27D, 27P, 20A)\n- Incentives and behavioural effects: the discovery rule encourages earlier detection/reporting by claimants but also raises the importance of recordkeeping and investigatory steps by defendants; the windfall test for tax recoveries creates an incentive for claimants to document pass-through or reimbursement arrangements. (ss 27F, 20B)\n- Discretion and predictability: courts’ broad discretion to extend or reopen limitation questions increases case-by-case variability; the 12‑year long-stop for many personal-injury claims offers an outer boundary of certainty for defendants in most such cases. (ss 27D(1)(b), 27K)\n\nConcrete trade-offs and opportunity costs to highlight\n\n- Broader claimant access vs defendant finality: discovery rules and child‑abuse exceptions expand claim windows for plaintiffs, but at the cost of greater litigation risk and potential reopening of settled or previously dismissed matters (ss 27F, 27QA–27QF).\n- Short tax recovery windows reduce fiscal exposure and litigation costs for the State but constrain private parties seeking refunds and require rapid action (ss 20A–20B).\n- Protection of public land titles from adverse possession secures public ownership but narrows private acquisition options based on long possession (ss 7, 7A, 7AB, 7B, 7C).\n\nPrimary sections to consult for detail: ss 5, 5A–5B (contracts, torts, defamation), Part IIA (ss 27A–27N and ss 27O–27R for child abuse), ss 20A–20B (tax recovery), ss 7–7C (adverse possession protections), ss 23–27 (extensions and special rules), and s 28 (arbitration)."}},"importantCases":[],"_links":{"self":"/api/acts/limitation-of-actions-act-1958","history":"/api/acts/limitation-of-actions-act-1958/history","analysis":"/api/acts/limitation-of-actions-act-1958/analysis","conflicts":"/api/acts/limitation-of-actions-act-1958/conflicts","importantCases":"/api/acts/limitation-of-actions-act-1958/important-cases","documents":"/api/acts/limitation-of-actions-act-1958/documents"}}