Western Australia’s Court of Appeal in its decision AME Hospitals PTY, Limited v. Dixon¬†[2015] WASCA 63, delivered on 27 March 2015, confirmed, particularly relevantly in the medical negligence claims area, significant scope for persons to bring claim outside the basic 3-year time limit for such claims arising since November¬†2005 and the introduction of

 The Limitation Act 2005 came into effect in Nov 2005.  Surprisingly, for non-lawyers anyway, there remains a fair amount of uncertainty as to such new scheme’s effect in several important respects, particularly:

  • in terms of the time for claims alleging medical negligence.  This uncertainty is not as to the overall time (which in most case

As most lawyers practising in med neg in Perth will know, a specific provision was inserted in the 2005 Limitation Act, setting new time limits for child-birth injury claims in Western Australia.

Apart form setting a new scheme for children born after 2005, the then labour government did medical insurers a very great favour