Western Australian Consolidated Acts

LIMITATION ACT 2005 - SECT 43

43 .         Jurisdiction and procedure

        (1)         Subject to subsection (2), an extension application is to be made by summons in the jurisdiction in which —

            (a)         the existing action, if any, has been brought; or

            (b)         the proposed action would be brought if the application were successful,

                as is relevant to the case.

        (2)         An extension application in respect of an arbitration for a difference or matter under an arbitration provision is to be made by summons to the Supreme Court.

        (3)         The plaintiff is to serve a copy of the summons on each person against whom the action that is the subject of the extension application is brought or proposed to be brought.

        (4)         Despite subsection (1), the Supreme Court may give leave to bring an action in any court which seems to it to be the appropriate court.

        (5)         An extension application can be sought or determined at any time before or after the issue, or close of, pleadings.