Western Australian Current Acts

LIMITATION ACT 2005 - SECT 41

41 .         Court may extend time to commence action by person under 18 when cause of action accrues, with guardian

        (1)         A plaintiff who was under 18 years of age when a cause of action accrued to that person may apply to a court for leave to commence an action even though the limitation period provided for under this Act has expired.

        (2)         Subject to subsection (3), on an application a court may extend the time in which the action can be commenced up to when the plaintiff reaches 21 years of age.

        (3)         A court is not to extend time on an application unless the court is satisfied that in the circumstances it was unreasonable for a guardian of the plaintiff not to commence the action within the limitation period for the action.

        (4)         This section does not apply to an action relating to the publication of defamatory matter.