Section 5 of the Limitation Act 1985 (ACT) expressly prohibits limitation of actions in relation to land, stating that:
(195) Third, if the Registrar is satisfied that the caveator has an interest in the land that has not been extinguished under the Limitation of Actions Act 1974 (Qld), then the Registrar can refuse to register the applicant as owner, instead registering the applicant as having a lesser interest.
(37) NH Andrews, "Reform of Limitation of Actions: The Quest for Sound Policy" (1998) 57:3 Cambridge LJ 589 at 595.
However, the one-year limitation period does not begin in respect of claims based on sexual assault "while that person is not reasonably capable of commencing a proceeding because of that person's physical, mental or psychological condition resulting from the sexual abuse." Nova Scotia Limitation of Actions Act, supra note 36, ss 2(l)(a), (5).
Some teachers use the following grading structure to encourage students to turn in their assignments early in the semester instead of waiting until the last minute, exactly the effect we are aiming for in the limitation of actions context.
My proposal, of course, does not fix all of the problems that make limitation of actions law so dysfunctional.
and cited Robertson J.A., who wrote, "A Limitation of Actions Act
Limitation of Actions Act is "valid legislation enacted for a valid
Accordingly, she found the protection given to a physician in section 55(a) of the old
Limitation of Actions Act extends to the doctor's professional corporation.
The law was then changed with the passage of the Limitation Act 1939, which adopted the equitable principles into the hitherto strict rules regarding
limitation of actions. Section 26 of the 1939 statute provided for the postponement of a limitation period in actions based upon fraud or--and this would be vital in Levy v Watt--where the right of action is 'concealed' by fraud.
1 The Court of Appeal Majority: Section 5(1A) Applies to Insidious Diseases Only 2 The High Court: Unambiguous Language 3 PTSD as a 'Disease or Disorder': Taking PTSD Seriously III The Current Position in Victoria: The Ipp Report and Subsequent Amendments to the
Limitation of Actions Act 1958 (Vic) A The Ipp 'Reforms' in Victoria B Evaluation of the Ipp 'Reforms' in Victoria 1 The 12-Year Long-Stop Period: A Step Backwards for Survivors in Victoria 2 The Problem with Leaving the Extension of Time up to the Court's Discretion: The Story of Joanne McGuinness IV The Position in Other Australian States and Territories V The Need for Change: Towards the Abolition of the Time Bar VI Conclusion I INTRODUCTION
While I cannot do justice to all the interesting and innovative material in this book, the treatment of child sexual abuse and
limitation of actions legislation warrants singling out.
