from the date on which the cause of action accrued: Provided that this subsection shall not affect any action for which a shorter period of limitation is prescribed by any other provision of this Act. (4) An action shall not be brought upon any judgment after the expiration of fifteen years from the date on which the judgment became enforceable. (5) (a) An action to recover any penalty or forfeiture or sum by way of penalty or forfeiture recoverable by virtue of any enactment shall not be brought after the expiration of two years from the date on which the cause of action accrued. s. 5 (b) In this subsection penalty does not include a fine to which any person is liable on conviction of a criminal offence. S. 5(6) repealed by No. 9884 s. 3(c). * * * * * (7) Save as otherwise expressly provided an action shall not be brought to recover any arrears of interest in respect of any sum of money whether payable in respect of a specialty, judgment, legacy, mortgage or otherwise, or any damages in respect of such arrears, after the expiration of six years after they became due. (8) This section shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief, except in so far as any provision thereof may be applied by the Court by analogy in like manner as the
the land in reversion shall be deemed to be adverse possession of the land. (4) When any one or more of several persons entitled to any land or rent as joint tenants or tenants in common have been in possession or receipt of the entirety or more than his or their undivided share or shares of such land or of the profits thereof or of such rent for his or their own benefit or for the benefit of any person or persons other than the person or persons entitled to the other share or shares of the same land or rent, such possession or receipt shall not be deemed to have been the possession or receipt of or by such last-mentioned person or persons or any of them but shall be deemed to be adverse possession of the land. No. 5914 s. 15. 15 Limitation of redemption actions s. 15 When the mortgagee of land has been in possession of any of the mortgaged land for a period of fifteen years no action to redeem or to compel discharge of the mortgage of the land of which the mortgagee has been in possession shall thereafter be brought by the mortgagor or any person claiming through him. No. 5914 s. 16. 16 No right of action to be preserved by formal entry or continual claim For the purposes of this Act no person shall be deemed to have been in possession of any land by reason only of having made a formal entry thereon, and no continual or other claim upon or near any land shall preserve any right of action to recover the land. No. 5914 s. 17. 17 Administration to date back to death
subsection by any person after the expiration of thirty years from the date on which the right of action accrued to that person or some person through whom he claims; s. 23A (d) this subsection shall not apply to any action to recover a penalty or forfeiture, or sum by way thereof, by virtue of any enactment, except where the action is brought by an aggrieved party. S. 23(1)(e) repealed by No. 9884 s. 4. * * * * * S. 23(1A) inserted by No. 60/2003 s. 12. (1A) Subsection (1) does not apply to a right of action to which Part IIA applies. (2) Any time during which it was not reasonably practicable for a person to commence any action by reason of any war or circumstances arising out of any war in which the Commonwealth of Australia is or was engaged shall be excluded in computing the period prescribed by this Act for the commencement of that action; and the said period shall not be deemed to expire before the end of twelve months from the date when it became reasonably practicable to commence the action. Heading preceding s. 23A inserted by No. 8300 s. 3, substituted as Pt 2 Div. 2 (Heading) by No. 76/2004 s. 4(2)(b). Division 2—Personal injuries S. 23A inserted by No. 8300 s. 3, substituted by No. 9884 s. 5. 23A Personal injuries (1) This section applies to any action for damages for negligence nuisance or breach of duty (whether