Project No. 36(II)

In 1983 the Limitation Act 1935 (WA) was amended to allow asbestosis and mesothelioma sufferers to avoid the six-year limitation period for industrial diseases with long latency periods. These amendments were made in response to the Commission’s report on Part I of this project.

Due to the changes made by the Limitation Act 2005 (WA) and the Limitation Legislation Amendment and Repeal Act 2005 (WA), there is now one general limitation period of six years for an action on any cause of action with the possibility of extension by the courts. However, the statute also retains exceptional limitation periods for particular causes of action. In addition, the point at which the cause of action accrues still differs for different causes of uniformity between causes of actions outlined by the Commission's report remains to be addressed.