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©State of Queensland
[ ~ e p ~ n t e d as at 1 October, 19831
As amended b lic T r ~ ~ t e ~ Act
Commenced 1 January 1979 (Proc. pubd. Gaz, 23 December 1978, p. 1970).
e rt
An Act to consolidate and amend the law relating to the limita~ion of actions
[ASSENTED TO I N O V E ~ ~ E R , 1 BE IT ENACTED by the Queen’s
the advice and consent of the Legislative Assembly of ~ u e e ~ s l a n d in P a r ~ i a m ~ ~ ~
assemble^?
and by the a ~ t h o ~ t y ofthe same, as follows:-M e , This Act may be cited as the ~ i ~ ~ ~ ~ ~ i Q r z ofAcliurzs Act
Collective title conferred by Act of 1981, No. 87, s. 8 (2).
2, ent. This Act shall commence on 1st July 19’75.
t. This Act is divided into Parts as follows:- LIMI~ARY, S S . 1-8;
PART IT-PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF
PART I I ~ - ~ x ~ E N ~ I o N OF P~RIODS OF ~ I ~ I T A ~ I O N ? ss. 29- PART I ~ - ~ ~ N E ~ ~ ? ss. 41-43;
~ ~ ~ ~ ~ u L E .
ACTIONS, ss. 9-28;
eals, The Acts set forth in the schedule are repealed to the extent in that schedule indicated.
2 s. 5 ~ I ~ I T A T I O N OF ACTIONS ACT 1974-1 98 1
€. 9 Eliz. 2 No. 7, s.
s. 31. ( I ) In this Ac save where a contrary 1
intention appears-
“ a ~ t i o n ’ ~ includes any proceeding in a court of law;
“Crown” includes not only the ~ r o w n in the right of the State but also, so far as the legislative power of parliament permits, the Crown in all its other capacities;
“damage” includes loss of life and personal injury;
“encumbrance” means a charge on land created for the purpose of securing the payment of an annuity or sum of money other than a loan;
“encumbrancee” includes a person not being a mortgagee for whose benefit an estate or interest in land is charged with an annuity or SUM of money other than a loan and also a person entitled to the benefit of an encumbrance or to require payment or discharge thereof;
“land” includes corporeal hereditaments, 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 is Provided in this d e ~ n i ~ o n , does not include an incorporeal hereditament;
age” includes a charge or lien on property for securing money or money’s worth but does not include a possessory lien on goods nor a binding effect on the p r o p e ~ y a ~ s i n g under a writ of execution against the property;
‘6mortgagee” includes a person aiming a mortgage through an original mortgagee;
~ ‘ m o ~ ~ a g o r ” includes a person claiming property subject to a mortgage through an original mortgagor;
“personal estate” and “personal property” do not include chattels real;
“personal i n j ~ r y ’ ~ includes a disease and an in~airment 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 save a rentservice or interest on a mortgage on land;
“ship” includes every description of vessel used in n a ~ g a t i o n not propelled by oars;
“trust” and “trustee” have the same meanings respectively as in the Trusts Act 1973;
“trust for sale” means in relation to land an immediate bindins t F s t for sale, whether or not exercisable at the request O r
with. the consent of any person, and with or without a Power at ~iscretion to postpone the sale,
LIMITATION OF ACTIONS ACT 1974-1981 5;. 5 3
the purposes of this Act, a person shall be taken to be bility while he is an infant or of unsound mind or a convict who, after conviction, is undergoin a sentence of imprisonment.
(3) For the purposes of subsection (2), but without prejudice generality thereof, a person shall be presumed conclusiv~ly to u n s o u ~ d mind-
(a) while he is a patient within the meani~g of the Health Act 1974;
(b) while he is in s Court or in safe
~ o ~ e r n o r in the of The C r i ~ i ~ a l
he i s detained in a hospital or se tal ~ursuant to an o er made under
~ ~ n t ~ l ~e~~~~ Act 1974.
(4) A person shall be taken SO claim through another e entitled by, thro act of that
right claimed; b entitled to
interest by virtue of a special power of appointment shall to claim t h r o u ~ the a
(5) A reference in this Act to a right of action to recov includes a reference to a right to enter into ~ossession of the 1 in the case of a rentchar~e, to distrain for arrears of rent and a to the bringing of such an action includes a reference to the such an entry or distress.
(6) A reference in this Act, in the case of a rentcharge-
(a) to the possession of land, shall be read and c o n s t ~ e reference to receipt of the rent;
(b) to the date of of land, shall date the rent
ssion or discontinuance of possessi~n and c o n s t ~ e d as a reference to the (7) In Part 1111, a referenee to a right of action includes a referenGe to-
(a) a cause of action;
(b) a right to receive money secure e on p r o p e ~ y or to recover proce
of a deceased person,
(c) a right to receive a share or interest in the personal estate and a reference to the date of accrual of a right of action-
(d) shall, in the case of an action for an account, be read an construed as a reference to the date on which the matter arose in respect of which the account is claimed;
(e) shall, in the case of an action upon a j u d g ~ e n t , foe read
4 ss. 6-8 LIMITATION OF ACTIONS ACT 1974- 198 1
and construed as a reference to the date on which the judgment became enforceable;
(0
shall, in the case of an action to recover arrears of rent or interest or damages in respect thereof, be read and construed as a reference to the date on which the rent or interest became due,As amended by Act of 1978, No. 73, s. 5 (5) First Sch. Part E.
tion to Crown. [Cf. Vie. 1958, ss. 7, 32; N.
ct to subsections (3) and (4), this Act binds the Crown n has the benefit of this Act.
(2) For the purposes of this Act, an action by or against the Crown includes an action by or against an officer of the Crown as such or a person acting on behalf of the Crown.
(3) This Act does not apply to-
(a) a prosecution by the Crown for an offence against any Act;
(b) an action by the Crown-
(i) for the re cove^ of a fee, tax, duty or other SUM of money or interest on a fee, tax, duty or other sum of money;
(ii) in respect of the ~ o ~ e i t u r e of a ship.
) ~ o t ~ t h s t a n ~ n g any law or e n a c t ~ e n t now or heretofore in force in the State, 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 for any period what eve^.
7, liz. 2 No. 7, s. 5; U.
S. 32; N.S.W. 1969, s, 71. This Act does not apply to an action or arbitration for which a limitation period is fixed by or under an enactment other than this Act.
ns ing aet~on$
2 s. 331. (1)
as is provided in sections 31 and 32, nothing in this Act-
(a) enables an action to be brought that was barred before the commencement of this Act by an enactment repealed by this Act, save so far as the cause of action or right of action may be revived by an acknowledgment or part payment made in accordance with this Act;
(b) affects an action or arbitration commenced before the co~mencement of this Act or the title to property that is the subject of such an action or a r b ~ t r a ~ o n .
(2) The time for bringing proceedings in respect of a cause of action that arose before the c o ~ m e n c e ~ e ~ ~ of this Act shall, if it has not then expired, expire at the time when it would have expired-
(a) apart from this Act; or
L I ~ I T A T I O N OF ACTIONS ACT 1974-1 98 1 ss. 9, BO 5
(b) if this Act had at all material times been in force, whichever is the later.
(3) Save as is provided in this section, nothing in this Act affects an action if the cause of action upon which that action is founded arose before the commencement of this Act.
PART 11-PERIODS OF L ~ ~ I T A T ~ O ~ FOR ~ I F ~ R E ~ T CLASSES OF
ACTIONS
~ ~ l i c ~ t ~ o n . [CL 9 Eliz, 2 No. 7, s.
s. 41. This Part applies subject to Part 111.
ctions of contract an
U.K. 1939, 8 , 2; Vic. 1 9 ~ $ ~ s. 5;
ng a c t i o ~ s shall not be brought aft
.sew. ~~~~,
s.the expiration (a) an action founded on simple contract or ~uasi-contract or on tort where the damages claimed by the plaintiff do not consist of or include damages in respect of personal i n j u ~ to any person;
of six years from the date on which the cause of action arose:-
(b) an action to enforce a recognizance;
(c) an action to enforce an award, where the a ~ e e m e n t to arbitrate is not by an instrument under seal;
(d) an action to recover a sum recoverable by virtue of any enactment, other than a penalty or forfeiture or sum by way of a penalty or forfeiture.
( 2 ) An action for an account shall not be brought in respect of a matter that arose more than six years before the commencement of the action.
(3) An action upon a specialty shall not be brought after the expiration of twelve years from the date on which the cause of action accrued.
This subsection does not affect an action in respect of which a shorter period of limitation is prescribed by any other provision of this Act.
(4) An action shall not be brought upon a judgment after the expiration of twelve years from the date on which the judgment becomes enforceable,
For the purposes of this subsection, a judgment of a court of a place outside the State becomes enforceable on the date on which the judgment becomes enforGea~le in the place where the judgment is given.
(5) An action to recover a penalty or forfeiture or sum by way of a penalty or forfeiture shall not be brought after the expiration of two years from the date on which the cause of action accrued.
6 $s. 11-13 ~ I ~ I ~ A T I O ~ OF ACTIONS ACT 1974-1 98 1
n this subsection “penalty” does not include a fine to which a person is liable on conviction of a criminal offence.
( 6 ) This section-
(a) does not apply to a cause of action within the Admiralty ju~sdiction of the court that is enforceable in rem;
(b) does not apply to a claim for specific performance of a contract or for an injunction or other e~uitable relief, save so far as any provision thereof may be applied by the court by analogy in the same m a n n e ~ as the corresponding enactment repealed by this Act
ence, trespass, n the duty exists by virtue of a contr
a statute or independently of a contract or such p r o ~ s i o n ) in which damages claimed by the plaintiff consist of or include damages in respect of personal injury to any person or damages in respect of injury r e s ~ l t i ~ g from the death of any person shall not be brought after the expiratiQn of three years from the date on which the cause of action arose,
As amended by Act o f 1981, No. 87, s. 9.
on version or rson and before
an action shall r detention after use of action in
for value.
ere, before the expiration of the period of limitati~n prescribed for an action in respect ofthe further conversion or wrongful d e t ~ n ~ i o n of a chattel, such an action is brought, the expiration of the od of limitation does not affect the right or title of the plaintiff to chattel-
(a> for the purposes of the action; or
@) SO far as the right or title is established in the action.
A s. ic.
LIMITATION OF ACTIONS ACT 1974- 198 I
recover land after the expiration of twelve 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.
,
s. 91. (I) Where b ~ n ~ n g an action to recover land or some person through whom he claims has been in possession thereof and has, while entitled thereto, been dispossessed or discontinued his possession, the right of action shall be deemed to have accrued on the date of the dispossession or discontinuance.(2) Where a person brings an action to recover land of a deceased person, whether under a will or on intestacy and 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
~ossession of the land charged and was the last person entitled to the land to be in possession thereof, the right of action shall be deemed to have accrued on the date of his death.
(3) Where a person brings an action to recover land, being an estate or interest in possession assured otherwise than by will to him or some person through whom he claims by a person who on 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 nd no person has been in possession of the land by virtue of the ssurance, the right of action shall be deemed to have accrued on the date when the assurance took effect.
estate or interest claimed was an estate or interest in reversion or remainder or any other future estate or interest and no person has taken possession of the land by virtue of the estate or interest claimed shall be deemed to have accrued on the date on which the estate or interest fell into possession by the determination of the preceding estate or interest.
(2) If the person entitled to the preceding es te or interest was not in possession of the land on the date of the termination thereof, action shall not be brought by the person entitled to the succeeding estate or in~erest after the e~piration of twelve years from the date on which the right of action accrued to the person entitled to the precedin 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,
(3) A person shall not bring an action to recover an estate or interest in land under an assurance taking affect 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
8 ss. 16, 17 LIMITATION OF ACTION§ ACT 1974-1 98 I.
within the period during which the person by whom the assurance was made could have brought an action.
here a person is entitled to an estate or interest in land in and, while so entitled, is also entitled to a future estate or interest in that land and his t to recover the estate or interest in possession is barred under thi t, action shall not be brought by that person or by a person claim hrough him in respect of the Euture estate OF interest unless, in. the meantime, possession of the land has been recovered by a person entitled to an interme~iate estate or interest.
of section 27, th 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 le a1 estates and accor~ingly a right of action to recover the land shall, for the purposes of this Act but not o t h e ~ s e , be deemed to accrue to a person entitled in possession to 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.
ere land is held by a trustee upon trust including a t period prescribed by this Act for the bringing of a
to recover the land by the trustee has expired, the estate of the trustee shall not be ext~nguished if and so long as the right of action to recover the land of any person entitled to a bene~cial interest in the land or in the proceeds of sale has not accrued or has not been barred by this Act; but if and when every such right has been so barred the estate of the trustee shall be extinguished.
(3) Where land is held upon trust including a trust for sale, an action to recover the land may be brought by the trustee on behalf of any person entitled to a beneficial interes~ in possession. in the land or in the proceeds of sale whose right of action has not been barred by this Act, n o t ~ t h s t a n ~ i n g that the right of action of the trustee would, apart from this provisi~n, have been barred by this Act.
(4) Where la held upon trust for sale is in the pos$ession of a person entitled to beneficial interest in the land or in the proceeds of sale, not being a person solely and absolutely entitled
of action to recover the land shall be deemed for the Act not to accrue during such possession to any pers
land is vested as trustee or to any person entitled to a beneficial interest in the land or in the proceeds of sale.
CO
A
condition shall be deemed to have accrued on the date on which the forfeiture was incurred or the condition broken; but where such 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 ri
LI~ITATION OF ACTIONS ACT 1974-1 98 1 ss. 18, 19 9
of action to recover the land shall be deemed not to have accrued to that person until his estate or interest fell into possession as if no forfeiture or breach of condition had occurred.
(2) A t e ~ a n c ~ from to year or other period ~ i t ~ Q u t a lease in
shall be deemed to have accrued on the date of its deter~inatiQn.
(b) receipt of rent, under a lease by a person ~ o n ~ f ~ l ~ y claimin
10 SS. 20-24 LIMITATION OF ACTIONS ACT 1974- 198 1
in accordance with subsection (3) of section 18 the land in reversion, shall be deemed to be adverse possession of the land.
24). tion a c ~ i o ~ ~ . [Cf.
,
s. 151. Where a mo; Vic.
of any of the mortgaged land for a period of twelve years, an action to redeem the land of which the mortgagee has been in possession shall not thereafter be brought by the mortgagor or a person claiming through him.
possession of land by reason only of having made a formal entry thereon, and a continual or other claim upon or near land shall not preserve a right of action to recover the land.
enants or tenants in common has or 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 be deemed not to have been the possession or receipt of or by such lastmentioned person or persons or any of them.
iz.
e For the purposes of the for the recovery of land, an administrator of the estate o f a deceased person shall be deemed to if there had bee no interval of time between the death of the
person and the rant of the letters of administration.
d shall be extinguished.
(a) for the purposes of the actidn;
(b) so far as the right or title is established in the action.
LIMITATION OF ACTIONS ACT 1974-1981 SS. 25, 26 11
that has not matured or been determined.
(4) The provisions of this section do not apply to a ~ o ~ e c ~ o s ~ r e
12 SS. 27-29 ~ I ~ I T A T I ~ ~ OF ACTIONS ACT 1974- 198 I
of trust p ~ Q ~ ~ r t y . [Cf. 9 2 No. 7, s. 25;
,
s, 211. (1) A period of 1 tion prescribed to an action by a beneficiary under a trust, (a) in respect of a fraud or frau nt breach of trust to whichthe trustee was a party or p
(b) to recover from ‘the trustee trust property or the proceeds thereof in the possession of the tru§tee, or pre~ously received by the trustee and converted to his use.
(2) Subject to subsection (l), an action by a beneficiary to r ~ c ~ v e r st p r o ~ e ~ y or in respect of a breach of trust, not being an action for
is prescribed by any other provision of after the expiration o f six years from the ion, the right of action shall be deemed ciary entitled :o a future interest in the
fell into p o s s e ~ s i o ~ ~
uld be a good defence r other b e n e ~ t
ry than he CO Act had been being an action-
O r
which a period o f 11 this Act, shall not be
date on which ction a c c ~ e d .
in defence.
s accrued to a person under th of that person while still
~ I ~ I ~ A T I O ~ OF ACTIONS ACT 1 974- 198 1 s. 30 13
under a disability to another person under a disability, a further extension of time shall not be allowed by reason of the disability of the second person;
(b) an action to recover land or money charged on land shall not be brought by virtue of this section by a person after the expiration of thirty years from the date on which the
right of action accqed to that person or a person t h r o ~ ~ whom he claims;
(c) an action to recover damages in respect of persona; injury or damages in respect of i . r e $ u ~ t i n ~ from the death of any person shall not be by a ~ e ~ s o n after the expiration of three years fr ate on which that person ceased to be under a d is ability or died, whichever event first occurred.
or ~ o ~ e i ~ u r e or
For the p ~ ~ o s e s of
14 ss.31,32 ~ ~ ~ I OF TACTIONS ACT 1974- A ~ I ~ ~ 198 1
t in his own interests and taking his c i r c u ~ s t a ~ c e s account to bring an action on the right of action;
(c) “appropriate advice”, in relation to facts, means the advice of competent persons ~ u a l i ~ e d in their respective fields to advise on the medical, legal and other aspects of the facts, as the case may r e ~ ~ i r e ;
(d) a fact is not ~ i t h i n the means of k n ~ ~ l e d ~ e of a pePson at a particular time if but only if-
fi) he does not at that time know the fact; and
P as the fact is capable o f being ascertaine~ by him, he has before that time taken all reasonable steps to asce~ain the fact.
damages in respect of injury resulting from the death of any person.
a r i on a p p l i ~ a ~ i o ~ to a CO
n to which this section
(a) that a material fact o f a decisive ~ h a r a ~ t e r se within the means of k te after the corn the expiration of the p ce to establish the rig nded on the e ~ p i ~ a t i right o f action was n
As amended by Act of 1981, No. 87, s. 11.
section 66 of the ~ ~ c c e s s i o ~ Act 1981.
L I ~ I T A T I O ~ OF ACTIONS ACT 1974-1981 SS. 33-35 15
(2) Where on application to a court by a person claiming to have a right of action to an action to which this section a~plies, it appears to the court-
(a) that a material fact of a decisive character relating to the right of action was not ~ i t h i n the means of knowledge of the d e ~ a s e d person or the applicant until a date after the c o m ~ e n c e ~ e n t of the year last preceding the e x ~ i r ~ t i o n of the period of l i ~ i t a t i o n for the action; and
(b) that there is evidence to establish the right of action, apart from a defence founded on the e x p i ~ a t i ~ n of a period of li~itation,
the court may order that the period of l i ~ i t a ~ o n for the action be so that it expires at the end of one year after that date
,
for the purposes of the action b r o ~ ~ h t by the decease nt in that court, the period of l i ~ i ~ t i o n is extende~ a c c o r ~ (3) For the purposes of this section, the material facts of a character do not include facts relating only to-(a) damages not recoverable by the ap~licant;
(b) funeral expense^ of the ~eceased.
(4) This section lim~tation for the act
s to an action whether or not a s expired-
(a) before the ~ ~ ~ ~ ~ ~ c e
(b) ~ e f o r e an appl~cation
of the right of action. section in respect
As amended by Act of 1981, No. 87, s. 12.
16 ss. 36,37 LIMITATION OF ACTIONS ACT 1974-1 98 1
(b) in the case of a foreclosure or other action by a mortgag~e, the person in possession referred to in s u b ~ a r a ~ a p h (a) or the person liable for the rn age debt makes any payment in respect thereof, whethe
be deemed to have a c c ~ e d on and not before the
~edgement or pa~ment.
a mortgagee is, by vi ue of the mortgage, in possession land and receives a t of the principal or mortgage debt or ackno itle of the mortgagor or his equity of redemption, an action to redeem the land in his may be brought at any time before the expiration of twelve years from the date of the payment or acknowledgement.
here a right of action has accrued to recover a debt or other
the a c ~ n o ~ l e d g e ~ ~ n t .
ereof shall bind d l od of l i ~ i t a t i o n ~ the mortgagor or
property during the ensUing period of limitation.
(3) Where two or more mortgagees a in possession of the mortgaged land, mortgagor’s title or of his equity ofredemp shall bind him and his s~ccessors only a
LIMITATION OF ACTIONS ACT 1974-1 98 1 s.38 17
successors and where the m~rtgagee
is given is entitled to a part of the mortgaged land rtained part of the mortgage debt, the mortgagor shall be entitled to redeem that part of the land on payment with interest of the pad of the mortgage debt that bears he same p r o p o ~ i o ~ to the whole of the debt as the value of the part the land bears to the value of the whole of the m~rtgaged land.
a c ~ n o w ~ e ~ g e m e n t shall mortga~ors.
(5) An ac~nowledge claim shall bind the ack
here there are two or more mortgagors and the ti
ption of one rs is acknowl
ve been made to all the
f a debt or other liquidated ~ e ~ ~ n ~ ~ ~
or and his succ~ssors but not any other
all not bind a successor on or a p r e c e ~ ~ n ~
g effect before the on whom the liability devolves on the d e t e ~ i ~
estate or interest in property under a settle date of the a c k n o ~ l e d g e ~ e n t .
successor on w
of a person through whom he claims or his of action is concealed by the fraud of a
18 ss. 39,40 LIMITATION OF ACTIONS ACT 1974-1 98 1
(c) the action is for relief from the consequences of mistake, the period of limitation shall not begin to run until the plaint^^ has discovered the fraud or, as the case may be, mistake or could with reasonable diligence have discovered it.
~ o t h i n g in this section enables an action to be brought to recover or enforce a charge against or set aside a t~an§action a~ecting property that-
(d) in the case of fraud, has been purchased for valuable consi~eration 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 a f r a ~ d had een c o ~ ~ i t t e
(e) in the case of mistake, has been purchased for valuable consideration subsequentl~ to the transaction in which the mistake was made by a person who did not kn
reason to believe that the mistake had been m
(a> whether r ~ a s o ~ cir~umstances in
of d a m ~ g e s ~ or
L I ~ I ~ A T I O N OF ACTIONS ACT 1974-1 98 1 s. 41 19
(b) if, in a case to which § ~ ~ p a r a g ~ a ~ h (a) does not apply, the
~ a i n t i ~ in the action. for c o n t ~ ~ ~ t i o n or a person through whom he claims makes an a ~ e e m ~ n t with a person. having a right of action for the damage for which the right of action
Reform ~ T o r ~ ~ ~ s o
ion of ~ ~ ~Act ~ t e ~ s ~
20 SS, 42,43, Sch, LIMITATION OF ACTIONS ACT 1974-1981
and the date of the order be excluded in comp~ting the time presc~bed by this Act for the commencement of proceedings (including an arbitration) with respect to the ~ i s ~ u t e referred,
(6) This section applies to an a r b i ~ r a ~ o n under an Act or rules of court as well as to an arbitration p~r§uant to an agreement to arbitrate and subsections (3) and (4) have effect, in relation to an a r ~ i t r a t i ~ n under an Act, as if for the references to the agreement to arbitrate there were substituted references to such of the rovisions of the Act or of any order, scheme, rules, regulations or by-laws made thereunder as relate to the arbitration.
; U. 39, s. ic.
cts the equitable j ~ ~ s d i c t i o n of a nd of a c ~ u ~ ~ s c e n c e or otherwise.
‘Year and umber of Act 13 Vic. No. 36 14 Vie. No. 4
25 Vic. No. 1 amended
50 Vic. No. 17 as Vic, No. 8 as 59 Vie. No. 9 as
amended amended amended
Short Title
T h e ~ a w k e r s und P ~ ~ L e r ~ T h e rew we^^ Act of 1850
The Gaming Act of 1850 Act of 1849
ea1 ~ ~ ~Act ~1861- e r t ~ ~ 1973
T h e S ~ ~ ~ r e s ~ i o n oj G a ~ ~ L i n g Acts 1895 to 1964
ection 30 ction 12 ction 15 etion 8
The proviso in section
~ e ~ s t r a r - ~ e n e r a l an
A t t o r n ~ ~ - ~ ~ n e ~ ~ ~ ’ The pressio ion in
section 128 “(except
Section 79 Section 35
L I ~ I T A T ~ ~ N OF ACTIONS ACT 1974-1 98 1 Sch. 21
Year and Numbei of' Act 60 Vic. NO. 14 az
amen 63 Vic.
Schedule at amended
64 %Tic. No. 17 as amended
9 Edw. 7 No. 12 as amended
3 Geo. 5 No. 29 a:
a m e n d e d
5 No. 24 as nded
6 Ceo. 5 No. 34 as amended
10 Ceo. 5 No. 26 as amended
13 Geo. 5 WO. 29 as amended 14 Geo. 5 No. 2
as amended as am~nded
17 Geo. 5 No. 12 20 Geo. 5 No, 11
as amended as amended
as a ~ e n ~ ~ d as amended
1 Geo. 6 No. 1 as amended
eo. 6 No. 12 as a m ~ ~ d e d
[S. 41 SCHEDULE-continued
Short Title
The In e ~ r i a t es Inst it u t ions Acts 1896 to 1968 The C r i . ~ i ~ a l Code
Sugar ~ x p e r i ~ e ~ t tati ion^
Act 1900-1973
t r o ~ ~ 1 i t a n Water
S u ~ p l y and ~ e w e r a ~ ~ Acts 1909 to 1962
~ i ~ u o r Act 19 12- 1973 ailways Act 19 14- 1972 Land Tax Act 191 ai^ ~ o a d s Act 19
The ~a istrates ~ o u r t s The Brisbane Tramway Irrigation Act 1
Acts 19
ti_
1 to 1964Trust Act of 1922 The Cotton ~ndustry Acts
1923 to 1926
1 c u ~ t u r a ~ ~ a n k Act 1938- Water Act 1926-1973
i s e a s ~ s in
ants
1929- 1 972
anana ~ n ~ u s t r y ion Acts 1929 to ts, Gaming and Ofences Act 193 1- Local ~ o ~ e r n ~ ~ n t Act
1937
1936- 1974
lice Act 1937-1973
~ x t ~ n t of Repe Section 34
Section 703
§ection 159 (2)
ections 125 (l), 125 (2)
The r e s s i o ~ 6b52
{ 12)" in section 24 ection 39
~ c ~ e d u l ~ H clause 9
11 (2) Section 22 Section 17 Section 56
Sections 52 10 (i) 52 (10) (iib, 42 (1 Section 66
22 Sch. ~ I ~ I T A T I O ~ OF ACTIONS ACT 1974- 1 98 1
Year and Numbei of Act 1 Geo, 6 No. 31 a:
9 Geo. 6 No. 16 a!
amended a ~ e n d ~ d 9 Ceo. 6 No. 24 a:
1 Eliz. 2 No. 50 a$
amended amended
3 Eliz, 2 No. 54 as 4 Eliz. 2 No, 40 as
amended amende
7 Eliz. 2 No. 64 as amended
9 Elia. 2 No. 7
2 o f 1962 as amended
55 o f 1971 as a ~ e n d e ~
hort Title Hea~th Act 1937- 1973
The ~ e ~ i o n a l Electric A ~ ~ t h o r i t i ~ s Acts 1945 tc
1964
State Housing Act 1945.
1973
T h e ~ o u t h e r n ~ l e c t r i ~ and ~ e t t i n g Aci
~ ~ ~Act ~ 1955-1972 o u ~ s
T h e L a w ~ e f o r ~
~ L i ~ ~ i ~ a t i o n of ~ c ~ i ~ n ~ ~ Act of 1956
~ r i ~ o n ~ Act 1958- 1969 The ~ i ~ i t a t i o n Act of1 960 The L i ~ i t a t i o n Persons under ~ i s u ~ i l i t i e s ~ Act
04
1962
and Act 1962-1974
Fire ~ r i g a d e s Act 1964- 1973
District Courts Act 1967- 1972
Section 156
Sections 78 (1) (a), 7 (2), 79
Section 40
ections 66 (1) (a), 66 (219 67
ection 141
ections 162 (3), 162 (5) Note in and at the (a) inning of section Sections 1, 2, 3, 4, 5, 8 Section 40
The whole The whole
~ e ~ t i o ~ 25
ections 75 (1) (a), 75 (2>7 76
35 Section 50
~ections 112 (2) (a), 112 (4), 113
62620-By Authority: S. R. HARIPSON, Government P h t e r , Queensland
Accrual-
date of, for contribution between tortfeasors . . . date of, for purposes of Part 111 . . . fresh. of action on a c ~ o w l e ~ e m e n t or part payment . . . . no. unless there is adverse possession . . . of right of action in cases of certain tenancies
of right of action in cases of forfeiture or breach dfcondition of right of action in cases of future interest In land . . . . of right of action in cases of land held in trust
of right of action in cases of present interest in Ian4 . . . .
re action re trust property
re action to recover money secured by mortgage . . . re action to recover proceeds of sale of land . . . effect of, on prson other than maker or recipient . . . formal provisions as to . . .
. . . . . . .
Acknowledgement and part payment- Wsh accrual of action on
application of Part I1 . . . application of, to Crown . . . a ~ ~ g e m e n t of . . . commencement of . . . i n t c ~ r e ~ t i o n . . . . . provtsions as to actions already bank and pending . . .
repeals . . .
saving of oiher 'Ilmi&ons . . . shall apply to arbitrations . . . short title . . .
costs of . . . meaning of term . . . period of limitation of-
as between joint owners . . . .
at expiration of 1 2 years from date ofjudgmeni . . . . extension of-
in cases of disability . . . ordinary actions . . .
practice . . .
surviving actions . . . extinction of title after expiration of . . . for c o n ~ b u t i o n between tortfeasors . . . fresh accrual of, on acknowledgement or part payment in cases of certain tenancies . .
in eases of forfeiture or breach of condition . . . in cases of future interest in land
in eases of land held in trust . . . in cases of present interest in land . . . in cases of successive conversions and extinction of title
re an account . . . . .
re claiming personal e&te of'deceased penon
re contract and tort . . . re personal i9ury ~
:
. . . re recovery o land . . . re recovery of money . . . re recovery of penalty, or forfeiture, or sum . . . re recovery of rent . . . re trust property . . . to redeem land . . .upon a specialty . . .
. . . . . . .
. . . . . . Acquiescence . . . . . Act-
Action . ,see U ~ Q L i m i ~ t i ~ n ; Ri
prior bar ineffective . . .
. . . . . .
. .
provisions as to. when already b a k d and pending to date back to death
~ ~ ~ o ~ a c t i o n not to accrue or continue unless there is Admmistration-
Adverse possession-
of term for purposes of s . i 9
.
. .
. . . . . . . . . .
. .
. .
. .
. . . .
. .
. .
. .
. . . . . .
. . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
. .
. . . .
. .
. .
. .
. .
. .
. . . . . . . .
. .
s. 40 (2) . . .
5 (7) . .
35 . . .
19 . . . . 18 . , . .
17 . . .
15 . . .
16 . . . . 14 . . . . 2 1 . . . . 26 (3) . . . . 26 (3) . . . .
37 . . . . 36 . . . . 3s . . . . 43 . . . .
9 . . . . 6 . . . . 3 . . . . 2 . . . . ss . 5 , 30 . I . I
s . 8 . . 7 . . . . 41 . . . . 4, sch.' . . 1 . . . . 39 . . . 5 ( 1 ) . . ' ' 22 . . . . 10 (4) . . . 29 . . . . 31 . . . . 34 . . . .
33 . . .
32 . . . . 24 . . 40 . . . . 35 . . . .
I8 . . .
I 7 . . . . 15 . . . . 16 . . . . I4 . . . .
12 . . .
fO(2) . . . . 28 . . . . I0 . . . 1 1 . . . . 13 . . . . 26 . . . . 25 . . . 27 . . . . 10 ( 3 ) . .
8 . . . . 23 . . . . 19 ( I ) . . 19 . . . . I O (5) . . . .
20 . . .
. . . . . . . . . . . .
. t
. .
. .
. . . . . . . . . . . .
. .
. . . . . . . . . . . . . . . .
. . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page
18 3 15 9 9 8 7 8 7 12 11 11 16 16 15 20 5 4 1 2% 13 1
4 1 . 20 4 19 1 18 2 10 5 12 14 15 15 10 14 18 15 9 8 7 8 7 6 5 12
5 6 6 1 1
. I t 5 12 10 5 4 10 9 9
24 INDEX
Applieation-
of Part I1 . . . to arbitrations . . . to Crown . . . meaning of term for the purposes of ss. 30-34 accrual . . . Act to appl;' to . . . deemed to commence . . . notices re . . , . . . . time period for award . . . Appropriate advice-
Arbitrations-
Breach of condition-
accrual of right of action in cases of
Claim-
by way of set-off or counter-claim
through another person . . . Continual clam-
right of action not preserved by . . . Contract, tort etc.--
limitation of actions rc . . . Cons~bution between tortfeasors . . Costs . . . Counterclaim-
provisions as to . . . court-
practice in cases of extension of liability . . . Crown-
application of Act IO . . . . . . meaning of term . . .
. . .
. . .
Damage-
Date of accrual- meaning of term . . . for contribution between tortfeasors . . . of a right of action-
meaning of term for the purposes of Pan 111 . . administration to date back to
actions c1aiming personal estate of a . . . extension in cases of
interpretasion of, for the purposes of this A c t . . Death-
Deceased person- Disability-
. . .
Encnmbrance-
meaning of term . . . E n c u m b ~ n ~ -
meaning of tern . . . Entry, formal . . . Extension-
E x ~ i n ~ o n in cases of title- of disability . . . after expiration of period of limitation . , , , . . actions in cases of . . .
, . .
I .
, .
, .
' . . . . , ,
. ' . . .
. . .
. ' . . . . . . . . . . , .
. . . . . . . . . . . .
, . .
. . . . . . . . . . . . . . .
. . .
. . . . . . . , .
. . .
, . . . . .
3 0 ( c j . . . . . .
..I
14. . . .
4 1 ( 3 ) . . . . . . 19 41 ( 4 ) . . . .
" 1
1941 141 I 19
17 . . .
42 . . . 5 ( 4 ) . . . . . . 21 . . . 10 . . . 40 . . . 39 , . I , . . 42 . . . 34 . . .
6 . . . 5 ( 1 j . . . . . .
5 ( 1 ) , . . . . . 4 0 ( 2 ) . , . . . . 5(7).. . . . . 23 . . . 28 . . .
5 ( 2 ) , . . . . .
S ( l ) . . . . . . 5 ( 1 ) . . , . . ,
21 . . . 29 . . . 24 . . . 12 . . .
8
20 3
i o
5 18 18 20 15 4 2
3
INDEX 25
F Page
Fact-
Facts See material facts Foreclosure action-
meaning of term for the purposes of ss. 30-34 re mortgaged land
re mortgaged personal property
t e mort ged propertv
Forfeiture ogondition-
accrual of right of action m cases of Formal entrv-
right of"action nos preserved by Fraud-
postponement of pcnod of limitation in cases of
Interpretation for the purposes of ss. 30-34 Interpretation. See meaning of terms,
Joint owners-
Judge- application of limitation as between . . . practice in cases of extension of period of limitation . . .
Land-
accrual of right of action in cases of certain tenancies . . accrual of right of action in cases of forfeiture or breach of
condition . . . . . . accrual of right o f action in cases of future inte'rest 'in . . . accrual of right of action in cases of present interest in . . . . actions to recover . . . . . application of limitation, as between joint owners of . . . fresh accrual of action to recover
in actions for recovery of, administration'to date back'to death meaqing o f term . . . provtszons in cases where held in trust . . . redemption actions re . . . . . right of action not preserved' by ii;msi envy or continual claim right of action not to accrue or continue when . . . application of, a5 between joint owners . . . period of--
effect of a e ~ o w l e d ~ e m e n t or art payment during . . . . post aement of, in cases of &ud or mistake . . . p e r i d o r f o r actions-
at expiration o f I2 years fiom date of judgment . , . . , . claiming personal estate of deceased person . . . extension of-
in cases of disability . . . ordinary . . . practice . . . ptioq tpr iiiffktive . . . e x t i n X Y Y t i i i i afiir iipiration of . . . for an account . . . . . . for contribution petween Iortfeasors . . . in cases of e e ~ n ~ e n a n ~ e s . .
in cases of forfeiture or breach of condition . . . in cases of future interest in land . . . in cases of land held in trust
in cases of present interest in land . . . in cases of successive conversions and extinction of title . . in respect of mortgaged personal property . . . of contract and tort . . . re personal injury . . . re recovey of rent . . . re trust property . . . to recover arrears of interest payable. . . tc recover land . . . to recover money secured by m o r t ~ e or charge . . . to recover penalty or forfeiture or sum . . . to recover proceeds of sale of land . . . to redeem land . . . upon a specialty . . . actions to recover p r d s dC saii of, . . . . . .
. .
Limitation. See alsa Action; Right of Action.
. . .
. . .
. . .
14 11 11 11 8 10 17
13
10 15
9 8 7 7 6 I 1 10 15 10 2 8 10 10 9 10 16 17 12 5
12 14 15 15 14 10 5 18
9 8 7 8 7 6 11 5 6 I 1 12 11 6 1 1 5 11 10 5
