Proper venue
3.01 Proper venue
A proceeding is to be commenced in a proper venue of the Court.
(2) In the case of a proceeding commenced by a worker, a proper venue is a registry that is nearest to:
(a) the worker's residence immediately before the proceeding is commenced;
(b) the worker's residence at the time the injury occurred or the disease was contracted;
(c) the workplace where the injury occurred or the disease was contracted; or
the place of business of the employer.
(3) In the case of a proceeding commenced under section 62(2) of the Act by a person claiming to be a dependant of a deceased worker, a proper venue is a registry that is nearest to:
(a) the dependant's residence immediately before the proceeding is commenced;
(b) the dependant's residence at the time the deceased worker suffered the injury or contracted the disease that caused his or her death;
(c) the workplace where the deceased worker suffered the injury or contracted the disease that caused his or her death; or
(d) the place of business of the person who was the employer of the deceased worker at the time the deceased worker suffered the injury or contracted the disease that caused his or her death.
(4) In any other case, a proper venue is a registry that is nearest to:
(a) the applicant's or respondent's residence immediately before the proceeding is commenced;
(b) the applicant's or respondent's residence at the time the claim arose;
(c) the applicant's or respondent's place of business immediately before the proceeding is commenced;
(d) the applicant's or respondent's place of business at the time the claim arose; or
the place where the claim arose.
(5) Whether or not a proceeding is commenced in a venue of the Court that is not a proper venue, the Court may hear and determine the proceeding at the venue at which the proceeding was commenced or at another venue the Court considers appropriate.
(6) A proceeding is not void or in any other way affected by reason only that the proceeding was heard and determined at a venue of the Court other than a proper venue.
Division 2 Commencement of proceeding and making interlocutory application
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