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No contracting out

1998 Act s 234 No contracting out >>

apply despite any contract ... A deed compromising industrial relations proceedings which recited injuries subject of later workers compensation proceedings would have itself offended this section, although the receipt of the money by the worker made an election under s 151A: Adams v Fletcher International Exports PL [2008] NSWCA 238. Handley AJA, Allsop P & Giles JA agreeing. 02.10.08.

'...  the admissions made by the applicant are merely 'evidentiary of the  facts', to use the language of  Burke J in Almario v Carrington Constructions Pty Ltd (1996) NSWCCR 739, and must be given their  appropriate weight in  the matrix of the evidence': Shea v RTA [2011] NSWWCC 95.  Mr Sweeney. ...'Prima facie those representations are that, at the particular time, the worker was not incapacitated as the result of injury and had not been so for some antecedent period' Burke J

Evidence, admissions and agreed facts

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