Leave to commence proceedings for damages under s 151D(2) of the Workers Compensation Act 1987 (NSW) may be granted nunc pro tunc after proceedings have already been commenced outside the three-year limitation period. The leave provision within s 151D(2) is a beneficial provision, and the restrictive context of the WCA does not prevent retrospective leave. Practitioners who have commenced proceedings without first obtaining leave under s 151D(2) may cure the irregularity by obtaining leave after the event.
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