WCRA: s.302(e) – failure to commence within 60 days

Hughes v. Impulse Entertainment Pty Ltd & Workcover Queensland [2013] QDC 21

Issue: an application to determine whether a proceeding filed after 60 days of the compulsory conference (s302(2) of the Workers’ Compensation and Rehabilitation Act 2003) could be maintained:  Narayan v. S-Pak Pty Ltd [2002] QSC 373.

The application was brought by WorkCover and dismissed by Judge Robin DCJ, in the respondent’s favour because parts of the claim were still within the ordinary limitation period under the under the Limitation of Actions Act 1974. In the absence of an express intention (Berowra Holdings Pty Ltd v Gordon [2006] HCA 32; [2006] 225 CLR 364 at [23] and Cousins v Mount Isa Mines Limited [2006] 2 Qd R 343 at [33]) to reduce the limitation period, it was open to deliver further claims under the pre-proceeding regime.  

Brisbane Barrister – David Cormack

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