Western Australian Current Acts

LIMITATION ACT 1935 - NOTES

Notes

^1a The Limitation Act 1935 was repealed by the Limitation Legislation Amendment and Repeal Act 2005 s. 4(1) but its provisions continue to apply to certain causes of action (see s. 4(2) and (3)).

¹ This is a compilation of the Limitation Act 1935 and includes the amendments made by the other written laws referred to in the following table. This table also contains information about any previous reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Limitation Act 1935	35 of 1935	7 Jan 1936	14 Apr 1936 (see s. 1 and Gazette 9 Apr 1936 p. 527)
Limitation Act Amendment Act 1954	73 of 1954	14 Jan 1955	1 Mar 1955 (see s. 2 and Gazette 18 Feb 1955 p. 343)
Reprint of the Limitation Act 1935 approved 10 Oct 1969 (includes amendments listed above)
Age of Majority Act 1972 s. 6(2)	46 of 1972	18 Sep 1972	1 Nov 1972 (see s. 2 and Gazette 13 Oct 1972 p. 4069)
Limitation Act Amendment Act 1978	45 of 1978	29 Aug 1978	29 Aug 1978
Reprint of the Limitation Act 1935 approved 5 May 1983 (includes amendments listed above)
Acts Amendment (Asbestos Related Diseases) Act 1983 Pt. II	84 of 1983	22 Dec 1983	19 Jan 1984 (see s. 2)
Workers’ Compensation and Rehabilitation Amendment Act 1993 s. 44	48 of 1993	20 Dec 1993	24 Dec 1993 (see s. 2(2) and Gazette 24 Dec 1993 p. 6795)
Limitation Amendment Act 1997	7 of 1997	17 Jun 1997	17 Jun 1997 (see s. 2)
Reprint 3: The Limitation Act 1935 as at 14 Mar 2003 (includes amendments listed above)
Acts Amendment (Equality of Status) Act 2003 s. 120	28 of 2003	22 May 2003	1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579)
Workers’ Compensation Reform Act 2004 s. 164 and 174	42 of 2004	9 Nov 2004	s. 174: 4 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7131); s. 164: 14 Nov 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7131 and 17 Jun 2005 p. 2657); Para (b) of proclamation published 31 Dec 2004 p. 7131 revoked (see Gazette 17 Jun 2005 p. 2657)
Courts Legislation Amendment and Repeal Act 2004 s. 141	59 of 2004	23 Nov 2004	1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Limitation Legislation Amendment and Repeal Act 2005 Pt. 2 2	20 of 2005	15 Nov 2005	15 Nov 2005 (see s. 2)

² The Limitation Legislation Amendment and Repeal Act 2005 Pt. 2 reads as follows:

“

Part 2 — Repeal

4. Limitation Act 1935 repealed and savings provisions

(1) The Limitation Act 1935 is repealed.

(2) The Limitation Act 1935 continues to apply, despite its repeal and the enactment of the Limitation Act 2005, to causes of action that accrued before commencement day.

(3) Subsection (2) is subject to the Limitation Act 2005 sections 6 and 7.

(4) The Limitation Act 1935 applies, despite its repeal and the enactment of the Limitation Act 2005 (the “new Act”), to a post-commencement action, as defined in section 8(2) of the new Act, to which section 15 of the new Act does not apply because of section 8(2) of the new Act.

(5) A reference in a written law to the Limitation Act 2005 may, where the context so requires, be read as if it were a reference to the Limitation Act 1935 in relation to a cause of action —

(a) that accrued before commencement day; or

(b) of a kind mentioned in subsection (4).

”.

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
actions 38(3)
claimant 37B(1)
Land 3
latent injury 38A(1), 47A(9)
Person 3
person 47A(4)
proceeding 37A(6)
Rent 3
tax 37A(6)
taxing authority 37C(4)
the amending Act 38A(1), 47A(9)
trustee 47(3)