Western Australian Numbered Acts Western Australian Numbered Acts (1) WorkCover WA may
apply to the Supreme Court for an order setting aside a judgment or agreement
that is the basis for a claim against the DI Fund under section 267
for the payment of insurable damages by an employer who is uninsured in
respect of the liability to pay the damages.
(2) The Supreme Court
may set aside the judgment or agreement if satisfied that there are reasonable
grounds for believing that the employer has not taken all reasonable steps to
protect the employer’s own interests.
(3) If the Supreme
Court sets aside the judgment or agreement the costs of the respondent in
relation to the application are to be paid from the DI Fund unless the
Supreme Court orders otherwise.
(4) The Supreme Court
may make an order about those costs only if satisfied that it is appropriate
to make the order because of the special circumstances surrounding the giving
of the judgment or the making of the agreement.
(5) If a judgment or
agreement is set aside under this section —
(a) the
judgment or agreement is taken never to have had effect for the purpose of any
proceeding in any court; and
(b)
evidence of a statement or communication, or a part of a statement or
communication, tending to establish the existence of the agreement is not
admissible in any proceeding in a court unless the Supreme Court orders
otherwise on the basis that the admission of the evidence is necessary to
avoid injustice to a party to the proceeding.