Western Australia
Choice of Law (Limitation Periods) Act 1994
Reprinted as at 8 November 2002
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original Act are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
Editorial notes show if something has been omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything omitted can be found in an earlier reprint (if there is one) or the Act as passed.
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Western Australia
Choice of Law (Limitation Periods) Act 1994
CONTENTS
1.Short title1
2.Commencement1
3.Application1
4.Interpretation2
5.Characterization of limitation laws2
6.Exercise of discretion under limitation law2
Notes
Compilation table3
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Reprinted under the Reprints Act 1984 as |
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at 8 November 2002 |
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Western Australia
Choice of Law (Limitation Periods) Act 1994
An Act relating to limitation periods for choice of law purposes.
This Act may be cited as the Choice of Law (Limitation Periods) Act 1994 1.
This Act comes into operation on such day as is fixed by proclamation 1.
(1)This Act extends to a cause of action that arose before the commencement of this section but does not apply to proceedings instituted before the commencement of this section.
(2)This Act does not apply in relation to New Zealand unless a declaration that it does so apply is made by the proclamation made under section 2 or by a proclamation made under this subsection.
(3)If the substantive law of New Zealand is to govern a claim before a court of this State and proceedings have been instituted on the claim before a declaration is made as referred to in subsection (2), this Act does not apply to those proceedings.
In this Act, unless the contrary intention appears —
“court” includes arbitrator;
“limitation law” means a law that provides for the limitation or exclusion of any liability or the barring of a right of action in respect of a claim by reference to the time when a proceeding on, or the arbitration of, the claim is commenced.
5.Characterization of limitation laws
If the substantive law of another place being another State, a Territory or New Zealand, is to govern a claim before a court of this State, a limitation law of that place is to be regarded as part of that substantive law and applied accordingly by the court.
6.Exercise of discretion under limitation law
Where a court of this State exercises a discretion conferred under a limitation law of a place being another State, a Territory or New Zealand that discretion, as far as practicable, is to be exercised in the manner in which it is exercised in comparable cases by the courts of that place.
