The Application of the Limitation Act 1935-1978 (WA) to the Present Claim

23. Assuming that it can be transmitted and applied by virtue of s.79 of the Judiciary Act 1903 to actions in this Court, s.38(1)(a)(i) of the (WA) must still be found to apply to the particular claim in issue. For the reasons outlined earlier this would require that the action to enforce the determination of the Human Rights and Equal Opportunity Commission be characterised as a penalty claim. In my opinion, for the reasons I have given already, the claim under the is for compensatory and remedial relief only. It is not a penalty action. The question whether s.79 operates to apply the Act or s.38 in this Court therefore does not arise. For even assuming their applicability to a cause of action brought in this Court under a Federal statute, the provisions of s.38(1)(a)(i) do not cover the present claim. The action is not statute barred and the respondent's motion will be dismissed with costs.