Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 431

431 .         Worker to be given opportunity to discontinue action for damages

        (1)         If the court decides that an action for damages should succeed, the worker must be given a reasonable opportunity after damages have been ascertained but before judgment is entered to elect whether to have judgment or to discontinue.

        (2)         If the action is discontinued, the worker must pay the costs of the employer or any third party or of each of them or the part of those costs the court thinks fit.