Section 106E(1) of the Workers Compensation Act 1987 (NSW) (since repealed) was mandatory: a worker could not validly commence court proceedings for compensation under s 66 until 12 weeks after a claim for compensation was duly made, including service of the required medical certificate. Proceedings commenced in contravention were not validly commenced and were liable to be struck out.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.