Western Australian Current Acts Western Australian Current Acts (1) This section
applies in relation to a proposed action on a previously settled cause of
action and to the agreement effecting the settlement (the settlement agreement
).
(2) Application may be
made to a court that would have jurisdiction to deal with the action, but for
the settlement agreement, for leave to commence the action.
(3) The court may, if
satisfied that it is just and reasonable to do so —
(a)
grant leave to commence the action, subject to conditions; and
(b) to
the extent necessary for that, set aside the settlement agreement and any
judgment giving effect to the settlement.
(4) If an action on
the previously settled cause of action is commenced, the settlement agreement
and each agreement relating to the settlement, other than a contract of
insurance, is, despite any written or other law, void to the extent to which
it relates to the child sexual abuse the subject of the cause of action.
(5) A party to an
agreement that is wholly or partly void under subsection (4) cannot seek to
recover an amount paid by or for the party under the agreement on the basis
that the agreement is void to that extent.
(6) The court dealing
with the action may, if satisfied that it is just and reasonable to do so,
take into account any amount paid under an agreement that is wholly or partly
void under this section, to the extent to which the amount relates to the
child sexual abuse the subject of the cause of action.
(7) For the purposes
of subsection (6), amounts paid under an agreement are taken to relate to the
child sexual abuse the subject of the cause of action to the extent of 50% if
the agreement —
(a) does
not relate solely to that child sexual abuse; and
(b) does
not expressly deal with the extent to which the agreement and amounts paid
under it relate to that child sexual abuse.
[Section 92 inserted: No. 3 of 2018 s. 12.]
This is a compilation of the Limitation Act 2005 and includes amendments made
by other written laws. For provisions that have come into operation see the
compilation table. For provisions that have not yet come into operation see
the uncommenced provisions table.
Compilation table
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
19 of 2005 |
15 Nov 2005 |
15 Nov 2005 (see s. 2) | |
|
Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Act 2018
Pt. 4 |
3 of 2018 |
19 Apr 2018 |
1 Jul 2018 (see s. 2(b) and Gazette 29 Jun 2018 p. 2434) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Workers Compensation and Injury Management Act 2023 Pt. 15 Div. 3 Subdiv. 9 |
21 of 2023 |
24 Oct 2023 |
1 Jul 2024 (see s. 2(d) and SL 2024/34 cl. 2) |
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)
action
3(1), 21(1), 22(1)
arbitral award
3(1)
arbitration provision 3(1)
beneficiary
1’s action 85
beneficiary 2
85
cause of action (childbirth) 7(1)
child 6A(1)
child sexual abuse
6A(1), 89
child sexual abuse action
6A(1), 89
child sexual abuse cause of action
6A(1), 6A(6), 89
claimant 86(1)
commencement day
3(1), 89
defendant
3(1), 33(3), 36(4)
equitable action 27(2)
extension application 3(1)
future interest
3(1)
guardian 3(1), 3(1)
income 3(1)
land 3(1),
73(1)
limitation provision 9(2)
mental disability
3(1)
mortgage 3(1)
mortgagee 3(1)
mortgagor
3(1)
person A 3(2), 3(3), 33(1), 36(1),
46(1), 49, 50(1), 53(1), 58
person B 3(3), 33(3),
36(4), 53(2)
person C 33(3)
person in a close
relationship 33(3), 36(4)
person to whom the cause
of action accrues 39(5)
person A
3(1), 3(1)
person B 46(1)
person C
46(1)
personal injury
3(1)
personal representative 3(1)
plaintiff
3(1)
previous judgment 91(2)
previously barred cause of action 89
previously
settled cause of action 89
principal money
3(1)
rent 3(1)
rentcharge
3(1)
settlement 73(1)
settlement agreement 92(1)
statute barred
89
tax 3(1)
taxing authority
87(4)
tenant A 3(6)
tenant B 3(6)
trust
3(1)
trustee 3(1)
© State of Western Australia 2023
.
This work is licensed under a Creative Commons Attribution 4.0 International
Licence (CC BY 4.0). To view relevant information and for a link to a copy of
the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2023
.
By Authority: GEOFF O. LAWN, Government Printer