Proceedings commenced in breach of the six-month waiting period in s 303 of the WorkCover Queensland Act 1996 (Qld) are not a nullity but are vulnerable to strike out. However, the court retains a discretion to refuse to strike out where the objects of the statutory preconditions have been achieved in substance — particularly where the defendant has in fact enjoyed the moratorium period, suffered no prejudice, and the claimant would be shut out from a claim on the merits. Concepts of waiver, acquiescence and estoppel are confusing and imprecise in this context and should not be relied upon.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.