Proceedings claiming contribution towards damages under s 151Z are proceedings 'in respect of the recovery of damages' within the meaning of the transitional provision in clause 9, Part 18C, Schedule 6 of the Workers Compensation Act 1987, so the 2001 amendments to Division 3 apply to the assessment of contribution even where all compensation payments were made before those amendments commenced, provided no proceedings for recovery of damages were commenced before the amendments. The Limitation Act 1969 operates on the cause of action under s 151Z(1)(d), not on s 151Z(2)(e) itself, so the correct method is to first calculate the total indemnity and then allocate it to non-statute-barred payments. A company to which a labour hire worker is assigned owes a duty to provide a safe system of work where it exercises day-to-day control, provides equipment, and instructs the worker.
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