Proceedings commenced without compliance with the mandatory pre-litigation notice requirements under the WorkCover Queensland Act 1996 (s 280) or the Personal Injuries Proceedings Act 2002 (s 9) are void and a nullity, not merely irregular. Leave cannot be granted nunc pro tunc to validate such proceedings because the prerequisites are substantive law requirements, not procedural ones. However, void proceedings are not 'commenced' for the purposes of transitional provisions (s 77D PIPA), potentially preserving the right to commence fresh valid proceedings. A work-related impairment assessment of 20-25% with ongoing work difficulties constitutes material facts of a decisive character within the meaning of s 30 of the Limitation of Actions Act 1974, such that a reasonable person having taken appropriate advice would have been aware of a reasonable cause of action.
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