A consent judgment or deed of release cannot be relied upon to strike out a claim at the interlocutory stage; such matters must be pleaded in defence, allowing the plaintiff an opportunity to reply with potential defences such as non est factum, lack of authority, or invalidity. A common law claim for loss of opportunity arising from an insurer's alleged breach of a duty of good faith in discontinuing weekly compensation payments is not precluded by the exclusive jurisdiction provisions of ss 84A and 84B of the Workers' Compensation and Rehabilitation Act 1981 (WA), where the claim is not for recovery of weekly payments but for consequential economic loss.
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