Western Australian Current Acts Western Australian Current Acts (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 of interest secured by a mortgage and lawfully treated as principal;
land includes —
(a)
corporeal hereditaments and rentcharges and any estate or interest in those
things whether freehold or leasehold and whether at law or in equity; and
(b) the
interest, pending sale of land (including incorporeal hereditaments) held on
trust for sale, of a person having an interest in the proceeds of sale,
but otherwise does not include incorporeal
hereditaments;
mental disability , in relation to a person, means
a disability suffered by the person (including an intellectual disability, a
psychiatric condition, an acquired brain injury or dementia) an effect of
which is that the person is unable to make reasonable judgments in respect of
matters relating to the person or the person’s property;
mortgage includes a charge or lien on real or
personal property for securing money or money’s worth but does not
include a possessory lien on goods nor a binding effect on the property
arising under court order to seize and sell or seize and deliver the property;
mortgagee includes a person claiming a mortgage
through an original mortgagee;
mortgagor includes a person claiming property
subject to a mortgage through an original mortgagor;
personal injury includes a disease, impairment of
a person’s physical condition, and mental disability;
personal representative means a person who, for
the time being, is an executor or an administrator of a deceased
person’s estate;
plaintiff means —
(a) a
person bringing, or proposing to bring, an action; or
(b) a
person acting on behalf of a person mentioned in paragraph (a);
principal money , in relation to a mortgage, means
all money secured by the mortgage, including arrears of interest lawfully
treated as principal, but does not include other interest;
rent includes a rent service and a rentcharge;
rentcharge means an annuity or other periodical
sum of money charged on or payable out of land, but does not include a rent
service or interest on a mortgage of land;
tax includes a fee, charge or other impost;
trust has the meaning given to that term in the
Trustees Act 1962 section 6(1);
trustee has the meaning given to that term in the
Trustees Act 1962 section 6(1) and includes a personal representative.
(2) In this Act a
reference to the accrual of a cause of action is a reference —
(a) to
the accrual of the cause of action to a person ( person A ) to whom the cause
of action accrues; and
(b)
where relevant, to the accrual of the cause of action to a person through whom
person A claims.
(3) For the purposes
of this Act, a person ( person A ) claims through another person ( person B )
in respect of property or a right if person A is entitled to the property or
right by, through or under person B or by the act of person B, but a person
entitled to property or a right under a special power of appointment is not to
be taken to claim through the appointor.
(4) In this Act a
reference to a cause of action to recover land includes a reference to a right
to enter into possession of the land.
(5) In this Act, in
respect of land which is a rentcharge —
(a) a
reference to the possession of land is a reference to the receipt of the rent;
and
(b) a
reference to the time of dispossession or discontinuance of possession of land
is a reference to when rent first becomes overdue.
(6) For the purposes
of this Act —
(a)
adverse possession of land occurs when possession of the land is taken by a
person in whose favour the limitation period can run;
(b)
possession of a rentcharge occurs when possession of the land the subject of
the rentcharge is taken by a person, other than the person entitled to the
rentcharge, who does not pay the rent;
(c)
adverse possession of land as against a landlord occurs, in the case to which
section 71 applies, when a person wrongfully claiming to be entitled to the
land subject to the lease receives the rent;
(d)
adverse possession of land held by joint tenants or tenants in common, as
against a tenant ( tenant A ), occurs when another tenant ( tenant B ) takes
possession of more than tenant B’s share, not for the benefit of tenant
A.
(7) If an arbitration
provision is, or includes, a provision of any written law, this Act has effect
subject to the provision of the written law.