Brighton Und Refern Plaster Pty Limited v Boardman

Workers' Compensation – Plaintiff did not comply with s 151C of the Workers Compensation Act 1987 (NSW) - Defendant did not take any point as to non-compliance until after an order for judgment had been made under Pt 11 r 1(1) of the District Court Rules - Whether proceedings commenced by the plaintiff invalid or a nullity because of non-compliance with s 151C - Whether procedural steps taken by the parties under the District Court Rules invalid or nullities because of non-compliance with s 151C - Whether defendant entitled to an order setting aside the order for judgment - Whether the concept of waiver relevant.

Statutory construction – Where statute imposed a restriction upon the commencement of court proceedings but made no provision for consequences of non-compliance - Construction of s 151C of Workers Compensation Act 1987 (NSW).

Workers Compensation Act 1987 (NSW) – Pt 5, s 151C.