Section 135BB of the Accident Compensation Act 1985 (Vic) does not impose a jurisdictional bar preventing a worker's claim from having been validly commenced. A worker who commences proceedings under s 135BB has a valid cause of action based on re-enlivened common law rights which survives for the benefit of the estate upon death. The requirement under s 135BB(3) to apply for a nunc pro tunc order within 30 days applies only to the worker personally and does not bind the worker's estate or legal personal representatives. However, a generally endorsed writ does not constitute an application under s 135BB(3).
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