Recovering Stolen Art: Australian, English and US Law on Limitations of Action

Kenyon, A.T. and Mackenzie, S. (2002), ‘Recovering Stolen Art: Australian, English and US Law on Limitations of Action’, University of Western Australia Law Review, 30 (2), 233-50.

Statutory limitation periods can bar claims to recover stolen artworks. In doing this, Australian limitations law generally does not consider the conduct of either a dispossessed owner or current possessor of a stolen artwork. This paper compares Australian, English and US law on the issue and argues that recentproposalsfor reform shouldbe extended so that Australian law encourages all art market actors to be diligent in their dealings with artworks that may have been stolen.