Choice of Law (Limitation Periods) Act 1994

CrestWestern Australia

Choice of Law (Limitation Periods) Act 1994

Western Australia

Choice of Law (Limitation Periods) Act 1994

Contents

1. Short title 1

2. Commencement 1

3. Application 1

4. Interpretation 1

5. Characterization of limitation laws 2

6. Exercise of discretion under limitation law 2

Notes

Compilation table 3

Defined terms

Western Australia

Choice of Law (Limitation Periods) Act 1994

An Act relating to limitation periods for choice of law purposes.

1. Short title

This Act may be cited as the Choice of Law (Limitation Periods) Act 1994 1.

2. Commencement

This Act comes into operation on such day as is fixed by proclamation 1.

3. Application

(1) This Act extends to a cause of action that arose before the commencement of this section but does not apply to proceedings instituted before the commencement of this section.

(2) This Act does not apply in relation to New Zealand unless a declaration that it does so apply is made by the proclamation made under section 2 or by a proclamation made under this subsection.

(3) If the substantive law of New Zealand is to govern a claim before a court of this State and proceedings have been instituted on the claim before a declaration is made as referred to in subsection (2), this Act does not apply to those proceedings.

4. Interpretation

In this Act, unless the contrary intention appears —

court includes arbitrator;

limitation law means a law that provides for the limitation or exclusion of any liability or the barring of a right of action in respect of a claim by reference to the time when a proceeding on, or the arbitration of, the claim is commenced.

5. Characterization of limitation laws

If the substantive law of another place being another State, a Territory or New Zealand, is to govern a claim before a court of this State, a limitation law of that place is to be regarded as part of that substantive law and applied accordingly by the court.

6. Exercise of discretion under limitation law

Where a court of this State exercises a discretion conferred under a limitation law of a place being another State, a Territory or New Zealand that discretion, as far as practicable, is to be exercised in the manner in which it is exercised in comparable cases by the courts of that place.

Notes

1 This is a compilation of the Choice of Law (Limitation Periods) Act 1994. The following table contains information about that Act.

Compilation table

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

court 4

limitation law 4