In Western Australia, the expiry of a statutory limitation period does not, without more, render a proposed writ an abuse of process or frivolous and vexatious at the pre-commencement stage, because the limitation period bars the remedy but does not extinguish the cause of action. The Carey-Hazell v Getz Bros approach is preferred over the English authorities. However, a different outcome may prevail if the writ is issued and the defendant raises the limitation defence. There are no recognised stand-alone torts of 'cruel and unusual punishment', 'torture', or 'malicious damage' under Australian law.
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