Limitation of Actions Act 1936 (SA)

South Australia Limitation of Actions Act 1936 An Act relating to the limitation of actions and other legal proceedings.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 1A—Actions for child abuse 3A No limitation period for child abuse actions Part 2—Proceedings for recovery of land or rent 4 Limitation in actions for recovery of rent or land 5 Time of accrual of right of action 6 Where claimant has been in possession and discontinued possession 7 Case where person in possession has died 8 Case where land alienated 9 Future estates 10 Forfeiture or breach of condition 11 Where average of forfeiture is not taken by remainder-man 12 Mortgage 13 Reversioner to have new right 14 Administrators 15 Where land subject to tenancy at will 16 Tenancy from year to year 17 Where rent amounting to two dollars reserved by a lease in writing, wrongfully received 18 Entry not to be possession 19 Continual claim 20 Possession of joint tenant 21 Effect of acknowledgment by person in possession 22 Effect of future estates when estate in possession barred 23 Tenants in tail and remainder-men 24 Possession adverse to a tenant in tail to run against a remainder-man 25 Concealed fraud 26 Saving jurisdiction of equity 27 Time when mortgagor barred 28 Extinction of rights at end of period of limitation 29 Receipt of rent to be deemed receipt of profits 30 No descent, warranty etc to bar a right of entry Part 3—Claims for trust property or breach of trust 31 Application of Act to express trusts 32 Further provisions as to application of Act to trusts Part 4—Recovery of money charged on land and legacies 33 Money charged upon land and legacies Part 5—Actions on specialty 34 Limitation of action on specialty Part 6—Actions on simple contract and in tort 35 Actions on simple contract and in tort 36 Personal injuries 37 Defamation proceedings generally to be commenced within 1 year 37A Defamation proceedings—single publication rule 37B Defamation proceedings—extension of limitation period 37C Defamation proceedings—effect of limitation law concerning electronic publications on other laws 38 Limitation on actions for recovery of money 38A Limitation laws are substantive laws 39 Absence from State of person liable 40 Absence from State of a joint debtor 41 Payment by a contractor 42 Effect of oral acknowledgment 43 Endorsements of payment 44 Simple contract debt by way of set-off Part 7—Miscellaneous 45 Persons under legal disability 45A Special provision regarding children 46 Imprisonment or absence of persons entitled to action 46A Extension of period of limitation where cause of action survives 47 Extension of certain periods of limitation 48 General power to extend periods of limitation 49 Other rules of law or equity to be unaffected 50 Dispensation with requirement of notice before action Legislative history