Where a worker's personal injury results from the driving of a motor vehicle and is caused at least partly by the employer's omission to give adequate instructions in connection with driving, the injury falls within s 5 of the Motor Accident Insurance Act 1994 (Qld) regardless of the capacity in which the defendant is sued. The mandatory claims procedures under Division 3 of Part 4 must be complied with, and failure to do so renders the action incompetent. An order dismissing an action for non-compliance with those procedures is interlocutory, not final, because it does not legally prevent the institution of fresh proceedings complying with the statutory requirements.
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