Limitation of Actions Act 1936

This Act may be cited as the Limitation of Actions

Act 1936.

In this Act, unless the context otherwise requires, or some other meaning is clearly intended—

action includes legal proceedings of all kinds;

child means a person under the age of 18 years;

land includes messuages and all other corporeal hereditaments, and any estate or interest in any land;

limitation law means—

a law of this State (including this Act) that provides for the limitation or exclusion of liability, or the barring of a right of action, if an action is not commenced within a particular time limit;

a law of another State or a Territory of the Commonwealth, or of

New Zealand, that provides for the limitation or exclusion of liability, or the barring of a right of action, if an action is not commenced within a particular time limit;

person includes any number of persons, any body corporate or collegiate, and any class of creditors;

person through whom another person claims means any person by through or under or by an act of whom the person so claiming became entitled to the estate or interest claimed as heir issue in tail successor special or general occupant executor administrator legatee spouse assignee appointee devisee or otherwise;

rent includes all services for which a distress may be made and all annuities or periodical sums of money charged upon any land.

This Act shall be construed subject to the Real

Property Act 1886.

An action for damages relating to the death of, or personal injury to, a person resulting from the abuse of the person when the person was a child—

may be brought at any time; and

is not subject to a limitation period under this Act, or any other

Act or law.

This section applies regardless of whether the claim for damages is brought in tort, in contract, under statute or otherwise.

This section extends to an action for damages—

contemplated by section 23 of the

Civil Liability

Act 1936; or

that has survived on the death of a person for the benefit of the person's estate.

This section does not limit—

any inherent, implied or statutory jurisdiction of a court;

or

any other powers of a court arising or derived from the common law or under any other Act, (including a Commonwealth Act), rule of court, practice

note or practice direction.

[Note: ExampleThis section 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.]

In this section—

abuse includes any of the following:

sexual abuse;

serious physical abuse;

psychological abuse related to sexual abuse or serious physical abuse.

No person shall make an entry or distress or bring an action to recover any land or rent but within fifteen years next after the time when the right to make that entry or distress or to bring that action first accrued to him or to some person through whom he claims.

The right to make an entry or distress or bring an action to recover any land or rent shall be deemed to have first accrued at the time prescribed in the following sections of this Act.

When the person claiming any land or rent or some person through whom he claims has in respect of the estate or interest claimed been in possession or in receipt of the profits of that land or in receipt of that rent, and has while entitled thereto been dispossessed or has discontinued that possession or receipt, then the right to make an entry or distress or bring an action to recover the land or rent shall be deemed to have first accrued at the time of the dispossession or discontinuance of possession or at the last time at which any such profits or rent were or was so received.

When the person claiming any land or rent claims the estate or interest of a deceased person who continued in possession or in receipt of the profits of that land or in receipt of that rent in respect of the same estate or interest until his death and was the last person entitled to such estate or interest who has been in such possession or receipt, then the right to make an entry or distress or bring an action to recover the land or rent shall be deemed to have first accrued at the time of the death of that person.

When the person claiming any land or rent claims in respect of an estate or interest in possession granted appointed or otherwise assured by any instrument (other than a will) to him or some person through whom he claims, by a person being in respect of the same estate or interest in possession or in receipt of the profits of the land or in receipt of the rent, and no person entitled under that instrument has been in such possession or receipt, then the right to make an entry or distress or bring an action to recover the land or rent shall be deemed to have first accrued at the time when the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of that instrument.

When the estate or interest claimed has been an estate or interest in reversion or remainder or other future estate or interest and no person has obtained possession or receipt of the profits of the land or receipt of the rent in respect of that estate or interest, then the right to make an entry or distress or bring an action to recover the land or rent shall be deemed to have accrued at the time when that estate or interest became an estate or interest in possession.

When the person claiming any land or rent or the person through whom he claims has become entitled by reason of any forfeiture or breach of condition, then the right to make an entry or distress or bring an action to recover the land or rent shall be deemed to have first accrued at the time when that forfeiture was incurred or that condition was broken.

When any right to make an entry or distress or to bring an action to recover any land or rent by reason of any forfeiture or breach of condition has first accrued in respect of any estate or interest in reversion or remainder, and the land or rent has not been recovered by virtue of that right, then the right to make an entry or distress or bring an action to recover that land or rent shall be deemed to have first accrued in respect of that estate or interest at the time when it became an estate or interest in possession, as if no such forfeiture or breach of condition had happened.

When any person is entitled to or claims under any mortgage of land, then the right to make an entry or distress, or bring an action to recover the land shall be deemed to have first accrued at the time of the last payment of any part of the principal money or interest secured by that mortgage, although more than fifteen years may have elapsed since the time when the right to make the entry or distress or bring the action first accrued.