A claim under s 53B of the Trade Practices Act 1974 (Cth) for misleading conduct in relation to employment is not a claim for 'work injury damages' within s 250 of the WIM Act, and accordingly the pre-filing constraints in s 318 WIM do not apply to amendments adding such a claim. Workers who have claims both in employer negligence and under the TPA may add the TPA claim by amendment without satisfying the restrictive leave requirements of s 318. The question whether a TPA claim that substantially overlaps with employer negligence (e.g., a representation that the employer would exercise reasonable care) might fall within the definition remains open.
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