Australia · Victoria and ACT limitations
Which period and facts govern ACT mortgage redemption limitation?
Twelve years from the sole or later statutory event under section 23. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor.
- Period
- Twelve years from the sole or later statutory event under section 23
- Trigger
- The sole or later last mortgagee-possession event and relevant principal or interest receipt event
- Rule
- Limitation Act 1985 (ACT) section 23
This mortgage redemption limitation review uses official current Limitation Act republication R28, effective November 26, 2025. Limitation Act 1985 (ACT) section 23 controls the stated branch. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor. 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 23. Twelve years from the sole or later statutory event under section 23. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor. 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 redemption limitation?
Twelve years from the sole or later statutory event under section 23. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor.
Responsible actor. The mortgagor or person entitled to redeem the identified mortgaged property.
The sole or later last mortgagee-possession event and relevant principal or interest receipt event
Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor.
The mortgagor or person entitled to redeem the identified mortgaged property. Twelve years from the sole or later statutory event under section 23. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor.
Limitation Act 1985 (ACT) section 23How does this provision count time?
- Twelve years from the sole or later statutory event under section 23
- Institute the identified action in the appropriate court.
- Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor.
Twelve years from the sole or later statutory event under section 23. 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 redemption limitation, rather than assuming an inclusive anniversary.
For mortgage redemption limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor. 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 23Which facts prevent one automatic date?
Limitation Act 1985 (ACT) section 23. Twelve years from the sole or later statutory event under section 23. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor. 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 mortgagor or person entitled to redeem the identified mortgaged property identifies the sole or later last mortgagee-possession event and relevant principal or interest receipt event. Twelve years from the sole or later statutory event under section 23. Institute the identified action in the appropriate court. The mortgagor or person entitled to redeem the identified mortgaged property. Twelve years from the sole or later statutory event under section 23. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor.
A proposed endpoint for mortgage redemption limitation coincides with a weekend or a local public holiday. For mortgage redemption limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor. 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. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor.
Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor. Twelve years from the sole or later statutory event under section 23. The different or missing facts prevent choosing a single automatic date. Institute the identified action in the appropriate court. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor.
Which conditions and exceptions apply?
- Actual claimant, action and operative event
- The mortgagor or person entitled to redeem the identified mortgaged property. The sole or later last mortgagee-possession event and relevant principal or interest receipt event.
- Applicable statutory branch and prerequisites
- Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor.
- Exact limitation wording and completion facts
- For mortgage redemption limitation, Legislation Act section 151A addresses acts due on non-working days, subject to the applicable law and displacement rules. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor. This guide does not infer a generic carried date or import a court-rule vacation exclusion into a statutory limitation.
- The mortgagor or person entitled to redeem the identified mortgaged property. Twelve years from the sole or later statutory event under section 23. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor.
- Mortgage redemption limitation concerns the sole or later last mortgagee-possession event and relevant principal or interest receipt event. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor. 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 redemption limitation?
What period applies to ACT mortgage redemption limitation?
Twelve years from the sole or later statutory event under section 23. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor.
Limitation Act 1985 (ACT) section 23What actual event controls mortgage redemption limitation?
The sole or later last mortgagee-possession event and relevant principal or interest receipt event. The mortgagor or person entitled to redeem the identified mortgaged property must establish that source event from the actual obligation, claim and records.
Limitation Act 1985 (ACT) section 23What must the claimant complete for mortgage redemption limitation?
Institute the identified action in the appropriate court. Actual possession and receipt histories are necessary; a loan signature or one chosen payment does not establish the complete source anchor. The actual commencement route and source classification require review.
Limitation Act 1985 (ACT) section 23Which event controls if both possession and payment occurred?
Section23 uses the sole or later of its last-possession and last-receipt events. Both histories must be established before selecting the controlling anchor.
Limitation Act 1985 (ACT) section 23Does any payment from anyone necessarily qualify?
The section identifies receipt of principal or secured interest from the claimant. The payer, security and actual receipt must match the statutory branch.
Limitation Act 1985 (ACT) section 23Does this decide the mortgagee’s principal action?
No. Section24 addresses principal, possession and foreclosure from the mortgagee’s side. Redemption under section 23 concerns the claimant’s right to redeem.
Limitation Act 1985 (ACT) section 24Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| Limitation Act 1985 (ACT) section 23 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1985 (ACT) section 22 | 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 32 | 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 |