Western Australian Current Acts

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LIMITATION ACT 2005 - SECT 40

40 .         Court may extend time to commence defamation actions

        (1)         A plaintiff may apply to a court for leave to commence an action relating to the publication of defamatory matter even though one year has elapsed since the publication.

        (2)         Subject to subsection (3), on an application a court, if satisfied that it was not reasonable in the circumstances for the plaintiff to have commenced an action in relation to the matter complained of within one year from the publication, must extend the time in which the action can be commenced.

        (3)         An action relating to the publication of defamatory matter cannot be commenced if 3 years have elapsed since the publication.



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