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Limitation of Actions Act 1974 – 1 July 2011

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Limitation of Actions Act 1974 – 1 July 2011

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There is a 6 year limitation on actions founded on simple contract & tort law (excluding claims for personal injury damages). A 2 year limitation applies to actions to recover a penalty or forfeiture. Defamation actions are to be brought within 1 year.

  • Sections 10, 10AA, 32A, 38, 40

An action for damages for negligence, trespass, nuisance or breach of duty in which damages claimed consist of or include damages for personal injury must be brought (before a court) within 3 years. Note: There is no limitation period for ‘dust-related condition’ personal injury claims.

  • Sections 11, 31, 32, 34, 40

There is a 6 year limitation on rent recovery actions.

  • Section 25

There is a 12 year limitation on actions to recover a principal sum of money secured by mortgage or other charge on property. Note: Despite the 12 year limitation, interest recovery actions must be brought within 6 years.

  • Section 26

An action by a beneficiary to recover trust property or in respect of a breach of trust must generally be bought (before a court) within 6 years.

  • Section 27

A claim against the estate of a deceased person must generally be brought (before a court) within 12 years. Note: Despite the 12 year limitation, interest recovery actions must be brought within 6 years.

  • Sections 27, 28

Persons under a disability may be entitled to an extension of time for claims.

  • Section 29

The limitation on actions prescribed by this Act also apply to arbitrations.

  • Section 41
Reason for law

N/A

Relevant links

N/A

Critique

The references to ‘Crown’ and ‘Her Majesty’ appearing in sections 5 (and 6) could be replaced with a modern alternative.

The phrase ‘enforceable in rem’ in section 10 is not a phrase commonly understood by members of the public.

The term ‘bona fide’ in section 12 is not a phrase commonly understood by members of the public.

The term ‘coparceners’ in section 22 is not a phrase commonly understood by members of the public.

The phrase ‘ex parte’ in section 34 is not a phrase commonly understood by members of the public.

Suggested further reading

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