Western Australian Current Acts

LIMITATION ACT 2005 - SECT 39

39 .         Court may extend time to commence actions for personal injury or under Fatal Accidents Act 1959

        (1)         A plaintiff may apply to a court for leave to commence an action for damages relating to a personal injury to a person even though the limitation period provided for under this Act has expired.

        (2)         A plaintiff may apply to a court for leave to commence an action under the Fatal Accidents Act 1959 for damages relating to the death of a person even though the limitation period provided for under this Act has expired.

        (3)         On an application a court may extend the time in which the action can be commenced if the court is satisfied that, when the limitation period expired, a person to whom the cause of action accrues —

            (a)         was not aware of the physical cause of the death or injury;

            (b)         was aware of the physical cause of the death or injury but was not aware that the death or injury was attributable to the conduct of a person; or

            (c)         was aware of the physical cause of the death or injury and that the death or injury was attributable to the conduct of a person but after reasonable enquiry, had been unable to establish that person’s identity.

        (4)         On an application a court may extend the time in which the action can be commenced up to 3 years from when a person to whom the cause of action accrues became aware, or ought reasonably to have become aware —

            (a)         of the physical cause of the death or injury;

            (b)         that the death or injury was attributable to the conduct of a person (whether a defendant or not); and

            (c)         of the identity of the person mentioned in paragraph (b).

        (5)         In this section —

        person to whom the cause of action accrues —

            (a)         in the case of a person who is under 18 years of age when the cause of action accrues, means either that person or a guardian of that person;

            (b)         in the case of a person with a mental disability, means either that person or a guardian of that person;

            (c)         in the case of an action under the Fatal Accidents Act 1959 to be brought by a personal representative of a deceased person, means the personal representative;

            (d)         in the case of an action under the Fatal Accidents Act 1959 to be brought by a person under section 9(1) of that Act, means that person;

            (e)         in the case of an action of a kind to which the Law Reform (Miscellaneous Provisions) Act 1941 section 4 applies, means either the deceased person or a personal representative of that person.