Australia · Victoria and ACT limitations
Which period and facts govern ACT mortgage interest limitation?
The first to end of the applicable three-year interest limb and the principal-money limitation period. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit.
- Period
- The first to end of the applicable three-year interest limb and the principal-money limitation period
- Trigger
- Interest cause-of-action accrual, or the applicable later discontinuance of prior mortgagee possession
- Rule
- Limitation Act 1985 (ACT) section 25
This mortgage interest limitation review uses official current Limitation Act republication R28, effective November 26, 2025. Limitation Act 1985 (ACT) section 25 controls the stated branch. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit. The retained Legislation Act republication R126 is effective February 23, 2026; its determinative-provision rules and actual source facts remain relevant.
Source guide · No automated date
Check the applicable procedure
Limitation Act 1985 (ACT) section 25. The first to end of the applicable three-year interest limb and the principal-money limitation period. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit. Establish the actual statutory event, eligibility and completion facts before relying on a filing endpoint. This interim source guide provides no computed or paid date.
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Which period and facts govern ACT mortgage interest limitation?
The first to end of the applicable three-year interest limb and the principal-money limitation period. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit.
Responsible actor. The mortgage creditor bringing an action for interest secured by the identified mortgage.
Interest cause-of-action accrual, or the applicable later discontinuance of prior mortgagee possession
The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit.
The mortgage creditor bringing an action for interest secured by the identified mortgage. The first to end of the applicable three-year interest limb and the principal-money limitation period. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit.
Limitation Act 1985 (ACT) section 25How does this provision count time?
- The first to end of the applicable three-year interest limb and the principal-money limitation period
- Institute the identified action in the appropriate court.
- The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit.
The first to end of the applicable three-year interest limb and the principal-money limitation period. Legislation Act section 151 distinguishes periods beginning from or after an event from periods beginning on an event. Its table also distinguishes an ending before a day. Preserve the actual prohibition and paired-anchor wording for mortgage interest limitation, rather than assuming an inclusive anniversary.
For mortgage interest limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation.
Limitation Act 1985 (ACT) section 25Which facts prevent one automatic date?
Limitation Act 1985 (ACT) section 25. The first to end of the applicable three-year interest limb and the principal-money limitation period. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit. Establish the actual statutory event, eligibility and completion facts before relying on a filing endpoint. This interim source guide provides no computed or paid date.
The mortgage creditor bringing an action for interest secured by the identified mortgage identifies interest cause-of-action accrual, or the applicable later discontinuance of prior mortgagee possession. The first to end of the applicable three-year interest limb and the principal-money limitation period. Institute the identified action in the appropriate court. The mortgage creditor bringing an action for interest secured by the identified mortgage. The first to end of the applicable three-year interest limb and the principal-money limitation period. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit.
A proposed endpoint for mortgage interest limitation coincides with a weekend or a local public holiday. For mortgage interest limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation. Establish the actual completion place and applicable statutory boundary. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit.
The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit. The first to end of the applicable three-year interest limb and the principal-money limitation period. The different or missing facts prevent choosing a single automatic date. Institute the identified action in the appropriate court. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit.
Which conditions and exceptions apply?
- Actual claimant, action and operative event
- The mortgage creditor bringing an action for interest secured by the identified mortgage. Interest cause-of-action accrual, or the applicable later discontinuance of prior mortgagee possession.
- Applicable statutory branch and prerequisites
- The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit.
- Exact limitation wording and completion facts
- For mortgage interest limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation.
- The mortgage creditor bringing an action for interest secured by the identified mortgage. The first to end of the applicable three-year interest limb and the principal-money limitation period. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit.
- Mortgage interest limitation concerns interest cause-of-action accrual, or the applicable later discontinuance of prior mortgagee possession. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit. Mortgage principal and possession limitation requires a separate source classification, so its date does not establish this action’s limitation.
What must the responsible actor complete?
Questions about this procedure
Which period and facts govern ACT mortgage interest limitation?
What period applies to ACT mortgage interest limitation?
The first to end of the applicable three-year interest limb and the principal-money limitation period. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit.
Limitation Act 1985 (ACT) section 25What actual event controls mortgage interest limitation?
Interest cause-of-action accrual, or the applicable later discontinuance of prior mortgagee possession. The mortgage creditor bringing an action for interest secured by the identified mortgage must establish that source event from the actual obligation, claim and records.
Limitation Act 1985 (ACT) section 25What must the claimant complete for mortgage interest limitation?
Institute the identified action in the appropriate court. The prior mortgagee must have been in possession at accrual for that later-event branch; principal expiry remains a mandatory competing limit. The actual commencement route and source classification require review.
Limitation Act 1985 (ACT) section 25Can interest automatically use the principal’s twelve years?
No. Section25(1) compares the interest limb with the limitation period for principal money and selects the first to end.
Limitation Act 1985 (ACT) section 25Does any later possession event restart interest time?
No. Section25’s later discontinuance branch depends on a prior mortgagee being in possession when the interest cause of action accrued. Establish the actual possession history.
Limitation Act 1985 (ACT) section 25Is the general interest-arrears provision enough?
Section20(2) excludes a cause of action to which section 25 applies. Mortgage interest must be assessed under its specific provision.
Limitation Act 1985 (ACT) section 20Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Limitation Act 1985 (ACT) section 25 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1985 (ACT) section 20 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1985 (ACT) section 24 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1985 (ACT) section 26 | Check the identified procedure, event, counting rule or qualification |
| Legislation Act 2001 (ACT) sections 151 and 151A | Check the identified procedure, event, counting rule or qualification |