Proceedings commenced in breach of the pre-court procedural requirements of Chapter 5 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) — including the requirements for a notice of assessment (s 250) and notice of claim (s 275) — are not a nullity and do not inevitably require dismissal. Non-compliance enlivens a broad judicial discretion to strike out or stay proceedings, exercisable having regard to factors including the likelihood of the impediment being cured, prejudice to the defendant, whether fresh proceedings would be statute-barred, the substance of the claim, and the claimant's explanation for non-compliance. The characterisation of such proceedings as a 'nullity' in Roberts v ANZ Banking Group Ltd should no longer be followed.
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