Western Australian Consolidated Acts Western Australian Consolidated Acts (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 damages 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) Divisions 2,
3, 4, 5 and 6 do not apply unless the harm giving rise to the claim for
damages arises out of an incident happening on or after
1 December 2003 (being the day on which the Civil Liability
Amendment Act 2003 section 8, which inserted those Divisions, came
into operation).
(3a)
Division 7 does not apply unless the harm giving rise to the claim
for damages arises out of an incident happening on or after the day on which
the Civil Liability Amendment Act 2004 section 5 comes into
operation 1 .
(4) If in a claim for
damages —
(a) it
cannot be ascertained whether or not the incident out of which 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
subsection (4) —
commencement day means the day referred to in
subsection (3) or (3a), as is relevant to the case.
[Section 5A inserted by No. 58 of 2003
s. 8; amended by No. 43 of 2004 s. 4.]
[Heading inserted by No. 58 of 2003 s. 8.]