A notice of motion seeking leave to commence proceedings under s 151D(2) of the Workers Compensation Act 1987 does not constitute the commencement of 'proceedings for the recovery of damages' within the meaning of clause 9(1) of Part 18C of Schedule 6 to the Act. To satisfy the transitional provision, an ordinary statement of claim must be lodged with a registrar of the District Court, even if leave has not yet been obtained (the absence of leave being an irregularity, not a nullity). Workers who filed only a notice of motion before 27 November 2001 without also lodging a statement of claim were unable to rely on the saving provision.
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