QLDIn ForceAct
Workers' Compensation and Rehabilitation Act 2003
sec.319Application of pt 13
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### sec.319 Application of pt 13
This part applies if—
a person is entitled to seek as a claimant damages for an injury sustained by a worker in a court of the State, other than under the Jurisdiction of Courts (Cross-vesting) Act 1987 ; and
damages for the injury are awarded by a court that is not a court of the State; and
the court that awards the damages does not do so subject to this chapter; and
the amount of the damages awarded to a claimant is more than the amount that would have been awarded subject to this chapter in a proceeding before a court of the State; and
an insurer would be liable to pay all the damages if section 320 did not apply.
- (a) a person is entitled to seek as a claimant damages for an injury sustained by a worker in a court of the State, other than under the Jurisdiction of Courts (Cross-vesting) Act 1987 ; and
- (b) damages for the injury are awarded by a court that is not a court of the State; and
- (c) the court that awards the damages does not do so subject to this chapter; and
- (d) the amount of the damages awarded to a claimant is more than the amount that would have been awarded subject to this chapter in a proceeding before a court of the State; and
- (e) an insurer would be liable to pay all the damages if section 320 did not apply.