New South Wales Consolidated Acts
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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 316
Defendant must respond to pre-filing statement
(1) The defendant must, within 28 days after the pre-filing statement has been
served on the defendant, respond to the pre-filing statement by--
accepting or denying liability (wholly or in part), and
(b) (to the extent,
if any, that the defendant does not accept liability) serving on the claimant
a defence to the claim setting out such particulars of the defence and
evidence that the defendant will rely on to defend the claim as the
Commission rules may require.
Note : A defence can be filed after 28 days but
after 28 days the claimant can refer the claim to mediation under Division 4.
(2) If the defendant fails to respond to the pre-filing statement as required
by this section within 42 days after it is served on the defendant, the
claimant can commence court proceedings for the recovery of
work injury damages.
Note : If the defendant fails to respond within 42 days,
the defendant is prevented from filing a defence (see section 318) and the
claimant can proceed to obtain summary judgment on the question of liability.
If the defendant responds to the pre-filing statement within 42 days, the
matter is required to proceed to mediation under Division 4 before court
proceedings can be commenced.
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