In Phipps v Australian Leisure and Hospitality Group Ltd and Woolworths, the Queensland Court of Appeal has again considered the pre-court provisions of the Workers' Compensation and Rehabilitation Act 2003 and confirmed that non-compliance prior to the commencement of proceedings does not result in such proceedings being a nullity.
The applicant, Phipps, commenced court proceedings without having been issued a Notice of Assessment or otherwise complying with the pre-court requirements of the Act.
The Court found that the Act governs the applicant's ability to seek damages, which is different altogether from the validity of the court proceedings. As the issuing of a Notice of Assessment was imminent, the court held that the impediment to the ability to claim damages would soon be removed, and therefore the proceedings were not liable to be struck out.
