What it does
The Limitation Act 2005 (WA) establishes a comprehensive code governing the time within which civil proceedings and arbitrations must be commenced in Western Australia. At its core, the Act prescribes fixed limitation periods that begin to run from the date a cause of action accrues (Part 2), while providing an elaborate suite of mechanisms to suspend, extend or remove those periods in defined circumstances (Part 3). It also codifies rules for determining accrual dates for particular classes of claim (Part 4), states the legal consequences of expiry (Part 5), and contains miscellaneous and transitional provisions (Parts 6 and 7).
Section 13 imposes a residual six-year limitation period for any cause of action not otherwise dealt with in Division 3. Specific periods then override this default: three years for personal injury and Fatal Accidents Act 1959 claims (s.14), one year from publication for defamation (s.15), three years for trespass to the person, assault, battery or false imprisonment (s.16), two years for contribution between tortfeasors (s.17), twelve years for actions on deeds (s.18), recovery of land (s.19), mortgages of real property (ss.20, 23, 24), and several other property-related actions (ss.21–25). Equitable claims not analogous to common-law actions are subject to the later of six years from accrual or three years from when equitable time began to run (s.27). Actions to recover tax paid under mistake are strictly limited to twelve months (s.28), subject to limited carve-outs.
The Act is not merely a stopwatch. Part 3 supplies multiple avenues for relief. Limitation periods are suspended while a minor or person with mental disability lacks a guardian (ss.32, 35), subject to long-stop dates and “close relationship” rules that prevent indefinite suspension where the defendant is a parent, guardian or person in a position of trust (ss.33, 36). Courts are given discretionary power to extend time in cases of fraud or improper conduct (s.38), latent personal injury where the plaintiff lacked awareness of the injury, its cause or the identity of the wrongdoer (s.39), defamation where it was not reasonable to sue within one year (s.40, with a three-year absolute long-stop), and claims by minors or persons with mental disability even where a guardian existed (ss.41, 42). Agreements to extend or shorten periods are permitted but cannot exclude the fraud, close-relationship or land-title extinguishment provisions (s.45). Written acknowledgments or part-payments can restart the clock (ss.46–51).