When Victorian law is the lex loci delicti for a work-related injury, the pre-conditions in s 134AB(3) and (4) of the Accident Compensation Act 1985 (Vic) — including the requirement for a determination of degree of impairment and an application under s 134AB(4) — must be complied with before proceedings for damages can be commenced in a NSW court. These provisions are substantive, not procedural, and proceedings commenced without compliance are of no legal effect. Section 134AB(16)(b) does not provide a means to bypass the s 134AB(3) and (4) requirements.
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