Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 296

296 Claimant to have given complying notice of claim or insurer to have waived compliance

The claimant may start the proceeding if any of the following have happened—

(a) at least 6 months or, for a claimant with a terminal condition or to whom section 302 (1) (b) applies, 3 months have elapsed after—

(i) the claimant has given, or is taken to have given, a complying notice of claim; or

(ii) the insurer has waived the claimant’s noncompliance with the requirements of section 275 with or without conditions; or

(iii) the court has made an order under section 297 or 298 ;

(b) the insurer has admitted liability, but is claiming contributory liability from the claimant, a contributor or another party, and the claimant has given the insurer written notice that the extent of the admission is disputed;

(c) the insurer has admitted liability but damages can not be agreed.