Success in Defending Strike out Application

Success in Defending Strike out Application

We were recently successful in defending an application to strike out one of our client's claims. A dispute arose as to whether a County Court Writ that we had issued was valid, based on an earlier dispute about whether the Plaintiff's Serious Injury Application was validly served.

A response has to be received to a Serious Injury Application within 120 days or it is deemed to be a 'yes', but in this case the Defendant disputed when that was to be calculated from.

The Judge decided that the Application was validly served and agreed that the Plaintiff's Serious Injury was deemed and therefore refused to strike out the proceedings. Our client's claim for damages is continuing.

To discuss your rights and potential entitlements under the WorkCover system, contact a lawyer directly on (03) 9321 9988.

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