Non-compliance with the six-month pre-commencement requirement in s 151C of the Workers Compensation Act 1987 (NSW) does not render proceedings a nullity and is capable of waiver, as confirmed by Gordon v Berowra Holdings Pty Ltd. The question is one of legislative purpose to be determined under Project Blue Sky principles, not by reference to the substantive/procedural dichotomy in John Pfeiffer v Rogerson.
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