Section 305 of the WorkCover Queensland Act 1996 (Qld) does not authorise the granting of leave to commence proceedings nunc pro tunc; leave must be obtained before the proceeding is commenced. A proceeding commenced without compliance with s 280, without waiver under s 280A, and without a prior grant of leave under s 305 is a nullity. Estoppel and waiver cannot be relied upon to excuse non-compliance with the statutory pre-litigation requirements, as those requirements are enacted for the public benefit. However, Jerrard JA left open the possibility that a properly pleaded estoppel claim based on Verwayen principles might succeed in future proceedings.
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