What it does
The Limitation Act 1985 is the primary statute governing the time within which civil proceedings must be commenced in the Australian Capital Territory. Its core function is to prescribe limitation periods that bar claims after specified intervals, thereby promoting finality, protecting defendants from stale evidence, and encouraging claimants to act with reasonable promptness (see the long title and the structure of Part 2).
At its simplest, s 11 imposes a six-year period running from the date the cause of action accrues for any claim not otherwise provided for. This default rule is then displaced by more specific periods: 12 years for actions founded on deeds (s 13) or judgments (s 14); two years for penalties or forfeitures (s 15); six or three years (whichever expires later) for compensation to relatives under the Civil Law (Wrongs) Act 2002 part 3.1 (s 16); three years for common-law workers-compensation-related personal injury claims (s 16A); five years for motor accident common-law damages under the Motor Accident Injuries Act 2019 chapter 5 (s 16AA); three years for other personal injury, with a discoverability test where the injury is a disease or disorder (s 16B); two years for shipping collision or salvage claims (s 19); two or four years for contribution between tortfeasors (s 21); six months for recovery of overpaid revenue amounts (s 21A); and one year for defamation, subject to a 56-day extension if a concerns notice is given (s 21B).
The Act also creates an absolute exception: s 21C provides that there is no limitation period for death or personal injury claims that substantially arise from child abuse to which the person was subjected as a child. This provision operates retrospectively and overrides every other limitation rule in the Act or any other Territory law.
Part 2 Division 2.3 contains mortgage-specific rules (ss 22–26). A registered mortgage under the Land Titles Act 1925 is largely unaffected except for actions to recover money payable under it (s 22). Redemption actions are barred after 12 years from the later of the mortgagee taking possession or receiving the last payment (s 23). Actions to recover principal, possession or to foreclose are barred after 12 years (s 24), while interest claims are subject to the earlier of six years or the principal limitation period (s 25). Section 26 adjusts interest calculations in redemption actions so that statute-barred interest cannot be recovered.