Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (2), a defendant in an action has the burden of proving that
the action cannot be commenced because the applicable limitation period has
expired.
(2) The plaintiff has
the burden of proving that the time mentioned in section 32(1)
or 35(1) does not count in the reckoning of the limitation period.
(3) The plaintiff in
an extension application has the burden of proving that a court should extend
the relevant limitation period.