3Definitions

3 Definitions

(1) In this Act unless inconsistent with the context or subject-matter—

S. 3(1) def. of action amended by No. 26/2023 s. 73.

action includes any proceeding in a court of law or in VCAT;

S. 3(1) def. of arbitration agreement inserted by No. 10167 s. 3(1), amended by No. 50/2011 s. 46(Sch. item 11.1).

arbitration agreement has the same meaning as in the Commercial Arbitration Act 2011;

land includes corporeal hereditaments and rentcharges and any legal or equitable estate or interest therein including an interest in the proceeds of the sale of land held upon trust for sale, but save as aforesaid does not include any incorporeal hereditament;

personal estate and personal property do not include chattels real;

personal injuries includes any disease and any impairment of a person's physical or mental condition;

rent includes a rentcharge and a rentservice;

rentcharge means any annuity or periodical sum of money charged upon or payable out of land, except a rentservice or interest on a mortgage on land;

settled land statutory owner tenant for life and terms of years absolute have the same meanings respectively as in the Settled Land Act 1958;

S. 3(1) def. of submission repealed by No. 10167 s. 3(1).

trust trustee and trust for sale have the same meaning respectively as in the Trustee Act 1958.

S. 3(2) amended by Nos 9075 s. 5(1), 9427 s. 5(Sch. 4 item 6).

(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.

S. 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).

(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 .