Actions in Respect of Equity
| Nature of action | Time Limit Period | Legislation | Provision |
| All actions in equity (except those subject to a statutory limitation period) including:
· actions for breach of fiduciary duty · actions to rescind transactions that were entered into by reason of misrepresentation or undue influence · actions for equitable compensation · actions for specific rectification or specific restitution of chattels. |
No fixed time limit, however relief may be refused where the action:
· corresponds closely to an action at law which is the subject of a statutory limitation period. In those circumstances the court may, by analogy, apply to the action in equity the limitation period applicable to the corresponding action at law; or · has not been prosecuted with due diligence. |
ss 10, 43 Limitation of Actions Act 1974 (Qld) | Nothing in the Limitation of Actions Act 1974 (Qld) affects the equitable jurisdiction of a court to refuse relief on the ground of acquiescence of otherwise.
Equitable relief may be refused if the action has not been prosecuted with due diligence and a defence of laches or acquiescence is established. Section 10 Limitation of Actions Act 1974 (Qld) imposes a limitation period for certain actions based on contract and tort and certain other actions. However, that section does not apply to a claim for specific performance of a contract or for an injunction or other equitable relief, save so far as any provision of it may be applied by the court by analogy in the same manner as the corresponding enactment repealed by the Limitation of Actions Act 1974 (Qld) has applied. |
| Actions for account. | 6 years. | s 10(2) Limitation of Actions Act 1974 (Qld) | An action for an account shall not be brought in respect of a matter that arose more than 6 years before the commencement of the action. |
| Certain actions in respect of equitable interests in land. | 12 years. | ss 13, 16 and 27(2) Limitation of Actions Act 1974 (Qld) | The Limitation of Actions Act 1974 (Qld) shall apply to equitable interests in land including interests in the proceeds of the sale of land held upon trust for sale in like manner as they apply to legal estates and accordingly a right of action to recover the land shall, for the purposes of the Limitation of Actions Act 1974 (Qld) but not otherwise, be deemed to accrue to a person entitled in possession to an equitable interest in the like manner and circumstances and on the same date as it would accrue if the person’s interest were a legal estate in the land.
The above provision does not apply to an action by a beneficiary under a trust, being an action— (a) in respect of a fraud or fraudulent breach of trust to which the trustee was a party or privy; or (b) to recover from the trustee trust property or the proceeds thereof in the possession of the trustee, or previously received by the trustee and converted to the trustee’s use. |
| Certain actions by beneficiaries to recover trust property or in respect of a breach of trust. | 6 years. | s 27(2)Limitation of Actions Act 1974 (Qld) | An action by a beneficiary to recover trust property or in respect of a breach of trust shall generally not be brought after the expiration of 6 years from the date on which the right of action accrued.
The above provision does not apply if the action by the beneficiary under the trust is an action— (a) in respect of a fraud or fraudulent breach of trust to which the trustee was a party or privy; or (b) to recover from the trustee trust property or the proceeds thereof in the possession of the trustee, or previously received by the trustee and converted to the trustee’s use. |
| Certain actions action in respect of claims to the personal estate of a deceased person or to a share or interest in that estate. | 12 or 6 years. | ss 28 and 27(2) Limitation of Actions Act 1974 (Qld) | An action in respect of a claim to the personal estate of a deceased person or to a share or interest in that estate, whether under a will or on intestacy, shall not be brought after the expiration of 12 years from the date on which the right to receive the share or interest accrued and an action to recover arrears of interest in respect of a legacy or damages in respect of such arrears shall not be brought after the expiration of 6 years from the date on which the interest became due.
The above provision does not apply if the action by the beneficiary under the trust is an action— (a) in respect of a fraud or fraudulent breach of trust to which the trustee was a party or privy; or (b) to recover from the trustee trust property or the proceeds thereof in the possession of the trustee, or previously received by the trustee and converted to the trustee’s use. |