Western Australian Current Acts

CIVIL LIABILITY ACT 2002 - SECT 5V

5V .         Application of Part

        (1)         Subject to sections 3A and 4A, this Part applies to any claim for damages for harm caused by the fault of a person unless this section states otherwise.

        (2)         This Part extends to a claim for harm caused by the fault of a person even if the damages are sought to be recovered in an action for breach of contract or any other action.

        (3)         This Part does not apply unless the harm giving rise to the claim for damages arises out of an incident happening on or after the commencement day.

        (4)         If in a claim for damages —

            (a)         it cannot be ascertained whether or not the incident out of which the personal injury arises happened on or after the commencement day; and

            (b)         the symptoms of the injury first appeared on or after the commencement day,

                the incident is to be taken, for the purpose of subsection (3), to have happened on or after the commencement day.

        (5)         In this section —

        commencement day means the day on which the Civil Liability Amendment Act 2003 section 8 comes into operation ¹ .

        [Section 5V inserted: No. 58 of 2003 s. 8.]