Case summary – Marijana Ljubicic v Heat and Control & Anor

Carroll & O'Dea Lawyers ran the successful application on behalf of the Plaintiff in the Supreme Court of NSW.

The case before his Honour Cavanagh J reveals the real and substantial difficulties which can arise when a Plaintiff sues both an employer and a third party tortfeasor in respect of a workplace accident pursuant to the Civil Liability Act 2002 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW) ("WIM"), the latter placing an obligation on the Plaintiff to undertake certain pre-filing engagement and disclosures prior to the commencement of Court proceedings.

These difficulties are further highlighted in complex cases, such as the present case, where ongoing discovery is required from the employer and third parties to obtain and finalise expert opinion after the service of a pre-filing statement ("PFS") and in circumstances where such evidence is not reasonably available to the Plaintiff and where reasonable steps had been