3: limitations Of Actions

Question 1

What are limitations of actions?

Answer 1

Limitations of actions is the time limit within which a civil action must be started. Generally, if not initiated within the time, defence can argue that the plaintiff is out of time and the plaintiff can no longer bring the claim.

The defendant may be able to raise limitations of actions as a defence, and argue that the plaintiff is “out of line.”

Question 2

Why do we have limitations of actions?

Answer 2

• So that the disputes can be solved in a timely manner to promote social cohesion
• People can move on
• Evidence is not lost of forgotten

Question 3

What are some examples of limitations of actions?

Answer 3

In Victoria, the limitations of actions act 1958 (vic) specifies time limits for specific cases. These include:
Defamation-1 year
Personal injury under tort law-3 years
Breach of contract, recover unpaid rent, injury tort-6 years

Question 4

When do limitations of actions not apply?

Answer 4

There is no limitation on actions brought by those who suffered physical or sexual abuse as a child.