WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 317
Defective pre-filing statement
WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 317
Defective pre-filing statement
(1) The defendant is not entitled to assert that a pre-filing statement served
by the claimant is defective (by reason of incompleteness or otherwise) unless
the defendant has notified the claimant , giving details of any alleged
defects, within 7 days after the pre-filing statement is served by the
claimant . (2) A dispute as to whether a pre-filing statement served by the
claimant is defective may be referred to the President for determination. (3)
The President may give a direction to the claimant as to the action necessary
to cure any defect in the pre-filing statement served by the claimant . If the
claimant fails to comply with the President 's direction within the time
allowed for compliance, the pre-filing statement served by the claimant is
taken not to have been served. Note : The effect of such a failure is that the
claimant must serve the pre-filing statement again. (4) If the documents and
information that comprise the pre-filing statement are furnished to the
defendant at different times, the pre-filing statement is not considered to
have been served on the defendant until the last of the required documents and
information is served.
http://www.austlii.edu.au/au/legis/nsw/consol_act/wimawca1998540/s317.html