For example, if the registered proprietor lodges a caveat, but the Registrar is satisfied that the registered proprietor's interest has been extinguished under the Limitation of Actions Act 1974 (Qld), the Registrar must provide a notice to the registered proprietor requiring him or her to start proceedings to recover the land in the Supreme Court within six months after the notice is given.
(95) See Limitation Act 1969 (NSW); Limitation of Actions Act 1974 (Qld); Limitations of Actions Act 1936 (SA); Limitation of Actions Act 1958 (Vic); Limitations Act 1935 (WA); Limitation Act 2005 (WA).
Alberta Limitations Act, supra note 22, s 4; Manitoba Limitation of Actions Act, supra note 22, s 5; Ontario Limitations Act, supra note 22, s 15(4)(c).
(57) BC Limitation Act, supra note 20, ss 3(4)(k), (1); Saskatchewan Limitations Act, supra note 22, s I6(l)(a)(ii); Manitoba Limitation of Actions Act, supra note 22, s 2.1(2)(a).
The law of limitation of actions is so complicated and uncertain that it necessitates legal advice, prolongs litigation, provokes inadvertent forfeitures, and discourages settlement.
CORMAN, LIMITATION OF ACTIONS [section] 1.1 (1991) ("Statutes of limitations often foreclose judicial actions by virtue of expiration of the allotted time."); 1 HORACE G.
Ontario Law Reform Commission, Report on Limitation of Actions (Toronto:
Law Commission, Limitation of Actions, (London: H.M.S.O., April 2001).
The relevant parts of section 27 of the Victorian Limitation of Actions
Act 1958 are as follows:
The High Court decided that, based on the Limitation of Actions Act 1958 (Vic) ('the Act') as it stood at the relevant time, the limitation period for bringing an action only began to run from the time the survivor recognised the connection between the assault and the harm resulting from it.
In the Limitation of Actions Act 1955 (Vic) ('the 1955 Act'), which was the precursor to the present Act, s 5(6) qualified the general limitation period of six years by providing a less generous three-year limitation period for personal injury cases that were actions for 'negligence, nuisance or breach of duty'.
(77) The use of the limitation of actions
problem, illustrated by the difficulties of seeking redress for childhood sexual abuse, is a very effective way to teach trespass.