Proceedings commenced in contravention of s151C(1) of the Workers Compensation Act 1987 (NSW) are not a nullity; the section arms a defendant with power to move for summary dismissal or plead a defence, but failure to do so means the plaintiff and court need not trouble with the matter. A defendant may waive its right to invoke s151C by participating in proceedings without raising the point. A belated realisation of a possible statutory defence does not constitute good reason for leave to withdraw an Offer of Compromise under Part 19A of the District Court Rules.
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