Western Australian Current Acts

LIMITATION ACT 2005 - SECT 38

38 .         Court may extend time to commence actions in cases of fraud or improper conduct

        (1)         A plaintiff may apply to a court for leave to commence an action on a cause of action even though the limitation period provided for under this Act has expired.

        (2)         On an application a court may extend the time in which the action can be commenced up to 3 years from when the action ought reasonably to have been commenced if the court is satisfied that the failure to commence the action was attributable to fraudulent or other improper conduct of the defendant or a person for whom the defendant is vicariously liable.

        (3)         Nothing in section 39, 41 or 42 prevents a court from extending, under this section, the time in which a plaintiff can commence an action.

        (4)         This section does not apply to an action relating to the publication of defamatory matter.