An Agreement Not To Raise The Plea Of Limitation Is

(2) Notwithstanding paragraph 1, a provision or condition of an agreement is not effective if it claims that – in the Australian context, the Limitation Act allows for the extension or limitation in 2005, in the current version of Western Australia, of agreements, periods. Article 45 provides that, therefore, it seems quite possible that the defendant may be obliged, in the first place, to be involved in the defence, since the applicant then has the burden of proof that his right falls within the limitation period. This is a clear logical basis for reaching an agreement; If it is clearly agreed that the defendant will not advance or assert the issue of limitation, the claimant is not required to prove that the right is not time-barred. It would be fair to assert that by deliberately using the term “time limitation”, the legislature has prohibited only agreements limiting the limitation period and not extending it.

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