Limitation Act 2005 (WA)

Western Australia Limitation Act 2005 Western Australia Limitation Act 2005 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Interpretation 1 4. Application of limitation periods under this Act 1 5. Actions other than personal injury actions do not revive 1 6. Personal injury actions — accrual, limitation periods 1 6A. Special provisions for child sexual abuse actions: no limitation period 1 6B. Special provisions for subsequent action in respect of subsequent dust disease: no limitation period 1 7. Special provisions for certain personal injury actions relating to childbirth 1 8. Special provisions for certain defamation actions 1 9. Limitation periods under other written laws 1 10. Application to Crown 1 Part 2 — Limitation periods Division 1 — Preliminary 11. Limitation periods under this Part are extendable etc. under Part 3 1 12. When actions commence 1 Division 2 — General limitation period 13. General limitation period — 6 years 1 Division 3 — Limitation periods for particular causes of action 14. Personal injury, Fatal Accidents Act 1959 actions — 3 years 1 15. Defamation — one year from publication 1 16. Trespass to the person etc. — 3 years 1 17. Contribution between tortfeasors — 2 years 1 18. Deeds — 12 years 1 19. Recovery of land — 12 years 1 20. Money secured on real property or on real and personal property — 12 years 1 21. Interest secured on real property or on real and personal property 1 22. Interest secured on personal property 1 23. Possession — 12 years 1 24. Foreclosure — 12 years 1 25. Redemption — 12 years 1 26. Accounts — limitation period for the basis of the duty to account applies 1 27. Equitable actions (not analogous to other actions) 1 28. Tax mistakenly paid — 12 months or as provided under other Act 1 29. Arbitration — limitation period for corresponding civil proceeding applies 1 Part 3 — Extension or shortening of limitation periods Division 1 — Extension for persons under 18 years when cause of action accrues 30. Limitation periods applicable to persons under 15 when cause of action accrues 1 31. Limitation periods applicable to persons between 15 and 18 when cause of action accrues 1 32. Suspension of time while person under 18 is without guardian 1 33. Defendant in close relationship with person under 18 when cause of action accrues 1 34. Defamation 1 Division 2 — Extension for persons with mental disability 35. Suspension of time while person with mental disability is without guardian 1 36. Defendant in close relationship with person with mental disability 1 37. Defamation 1 Division 3 — Extension by courts 38. Court may extend time to commence actions in cases of fraud or improper conduct 1 39. Court may extend time to commence actions for personal injury or under Fatal Accidents Act 1959 1 40. Court may extend time to commence defamation actions 1 41. Court may extend time to commence action by person under 18 when cause of action accrues, with guardian 1 42. Court may extend time to commence action by person with a mental disability, with guardian 1 43. Jurisdiction and procedure 1 44. Further matters for court's consideration on extension applications 1 Division 4 — Extension or shortening by agreement 45. Agreement to extend or shorten limitation period 1 Division 5 — Extension by confirmation 46. Meaning of confirmation 1 47. Limitation period extended by confirmation 1 48. Formal requirements for acknowledgments 1 49. Who has benefit of confirmation 1 50. Who is bound by confirmation 1 51. Effects of certain kinds of confirmation 1 Division 6 — Extension of limitation periods — other matters 52. Persons with mental disability under 18 when cause of action accrues — most beneficial limitation period applies 1 53. Limitation period in case of death of certain persons if cause of action accrues to certain other persons 1 54. Arbitration — extension of limitation period 1 Part 4 — Accrual of particular causes of action Division 1 — Accrual of certain causes of action other than to recover land 55. Personal injury — general 1 56. Asbestos or silica dust related diseases 1 57. Survival of certain actions 1 58. Contributions between tortfeasors 1 59. Debts repayable on demand 1 60. Successive wrongs to goods 1 61. Equitable interests 1 62. Future interests of beneficiaries under trusts 1 63. Matters referable to arbitration 1 64. Arbitral awards 1 Division 2 — Accrual of certain causes of action to recover land 65. Adverse possession 1 66. Dispossession or discontinuance 1 67. Deceased in possession 1 68. Grantor in possession 1 69. Future interests in land 1 70. Forfeiture 1 71. Rent wrongly paid 1 72. Tenancies 1 73. Beneficial co-owners of land 1 Part 5 — Effect of expiration of limitation period 74. Time to commence actions may be extended despite extinguishment of rights 1 75. Extinguishment of right and title to land 1 76. No title by adverse possession against Crown 1 77. Future interests in land 1 78. Provisions in case of land held on trust 1 Part 6 — Miscellaneous 79. Burden of proof 1 80. Grounds in equity upon which to refuse relief preserved 1 81. Counterclaims — commencement 1 82. Joint causes of action 1 83. Joint liability 1 84. Formal entry and claim 1 85. Other beneficiaries 1 86. Limited right to recover tax 1 87. Limited operation of certain court orders as to refund of tax 1 88. Arbitrations — commencement 1 Part 7 — Transitional provisions Division 1 — Provisions for Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Act 2018 89. Terms used 1 90. Application of section 6A 1 91. Previously barred causes of action 1 92. Previously settled causes of action 1 Notes Compilation table 1 Defined terms Western Australia Limitation Act 2005 An Act to provide for time limits for commencing civil legal proceedings and arbitrations, and for related purposes.