The giving of a response by WorkCover purporting to be under s 285 of the WorkCover Queensland Act 1996 does not constitute an election to treat a non-compliant notice of claim under s 280 as compliant, and does not effect a deemed waiver of non-compliance, even where WorkCover has failed to comply with its own obligations under s 282(3). An express reservation of non-waiver in such correspondence is effective. A new claim for relief (as distinct from a new point of law) cannot be raised for the first time on an application for leave to appeal.
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