Limitation Act 2005 (WA)

Western Australia

Western Australia

Limitation Act 2005

An Act to provide for time limits for commencing civil legal proceedings and arbitrations, and for related purposes.

This is the Limitation Act 2005.

This Act comes into operation on the day on which it receives the Royal Assent.

• (1)

  In this Act —

action means—

• (a)

  any civil proceeding in a court, whether the claim that is the subject of the proceeding or relief sought is under a written law, at common law, in equity or otherwise; or

• (b)

  an arbitration under an arbitration provision,

but does not include proceedings for certiorari, mandamus, prohibition, habeas corpus or quo warranto except in sections 28, 86 and 87, in which it includes proceedings for certiorari, mandamus, prohibition or quo warranto;

arbitral award means the resolution or determination by an arbitrator of a difference or matter referred to arbitration under an arbitration provision;

arbitration provision means —

• (a)

  a provision of an agreement to refer present or future differences to arbitration, whether an arbitrator is named in the agreement or not; and

• (b)

  a provision of any written law requiring or permitting the determination of any matter by arbitration or relating to such an arbitration;

commencement day means the day on which this Act comes into operation;

defendant means a person against whom an action is brought or proposed to be brought;

extension application means an application under section 38, 39, 40, 41 or 42;

future interest means an estate in reversion or remainder or other vested or contingent interest in property which is yet to entitle immediate possession of the property;

guardian, in relation to a person who is under 18 years of age when a cause of action accrues to the person (person A), means a person —

• (a)

  who at law has responsibility for the long‑term care, welfare and development of person A before person A reaches 18 years of age; and

• (b)

  for whom it is practicable, having regard to the person’s relationship with person A, to commence an action on behalf of person A;

guardian, in relation to a person with a mental disability (person A), means a person who —

• (a)

  is either a guardian of person A or the administrator of person A’s estate, or both; and

• (b)

  has, under the guardianship order, the administration order, or the provisions of the Guardianship and Administration Act 1990, as is relevant to the case, the function of considering the appropriateness of commencing an action on behalf of person A,

and in this definition the terms “administrator”, “administration order”, “guardian” and “guardianship order” have the respective meanings that they have in the Guardianship and Administration Act 1990 section 3(1);

income includes interest on a judgment and other interest, and includes rent, annuities and dividends, but does not include arrears…