The Commission deals with a wide range of other dispute resolution applications which are assigned to the most appropriate dispute pathway.
It's important to check the full list of approved forms on the Commission's website and always use the form most appropriate to an application, claim or dispute. If there is no approved form, a party may use the miscellaneous application form or prepare an application to the satisfaction of the registrar.
If there is no specific form, a party may use the miscellaneous application form.
The miscellaneous application (Form 20) may be used for lodging a dispute about the following:
The person or party lodging the application is called the applicant. The person or party responding to the application is called the respondent.
The Commission’s guide to completing the miscellaneous application (Form 20) provides details on completing and preparing the miscellaneous application.
Lodging the miscellaneous Application (Form 20) is the first step for an applicant to apply to have a dispute resolved by the Commission. Most applicants are legally represented and the dispute resolution application is lodged by the legal representative on their behalf. The application can be lodged by email, through the Commission’s online lodgment portal, by post or in person. More information about lodgment methods is available on our lodge a dispute page.
All relevant information must be attached to the application. The application should not be lodged until all relevant material is available because it may not be possible to include further information later in the dispute resolution process.
The applicant must serve a sealed copy of the application on the respondent within seven days of the miscellaneous application being registered by the Commission. All information attached to the application must also be provided to the other party. This early exchange of relevant information assists with discussions to help resolve the dispute.
The Commission’s guide to completing a miscellaneous application (Form 20) provides details on completing and preparing the application.
The next step in the lodgment process is for the respondent to respond to the miscellaneous application by lodging a reply to application to resolve a dispute (Form 2A). If the reply to application to resolve a dispute (Form 2A) is not appropriate, the respondent can prepare a reply to the satisfaction of the registrar. Most respondents are legally represented and the reply is lodged by the legal representative on their behalf.
The miscellaneous application will proceed even if the respondent chooses not to respond or does not respond in the required time, which is 21 days from date of registration of the application.
The reply can be lodged by email, through the Commission’s online lodgment portal, by post or in person. More information about lodgment methods is available on our lodge a dispute page.
Once the application and the reply (if there is one) have been lodged with the Commission, the parties will be allocated a teleconference with an arbitrator and will follow the legal disputes pathway.
Most parties are legally represented in the Commission’s dispute resolution proceedings.
Workers are usually entitled to funding for legal assistance when their claim is disputed. Applications for legal assistance funding should be made to the Independent Legal Assistance and Review Service (ILARS). Your legal representative will usually apply to ILARS on your behalf for legal assistance funding. If you don’t have a lawyer, ILARS may also be able to assist you to locate one. ILARS is administered through the Workers Compensation Independent Review Office (WIRO). Call WIRO on 13 94 76 for more information.
The following bodies may also be able to assist you to locate a lawyer:
You can choose to represent yourself, but you must indicate this on the front page of your application form.
The Commission is committed to providing equal access to our services. The Commission conducts proceedings in various regional locations, in addition to our location in Sydney.
We can provide accessibility assistance to contact the Commission, to attend proceedings or our medical assessments. All Commission offices, including regional venues, provide for disability needs and we will make arrangements to ensure you have the necessary support.
We can also arrange interpreters, at no cost, to assist you with your dispute resolution application and proceedings. An interpreter will also be provided if you are required to attend a medical assessment.
Learn more about our accessibility and interpreter support.
The Commission’s dispute resolution services are free, including medical assessments.
The time taken to resolve a dispute depends on:
The Commission aims to resolve disputes as quickly as possible and will encourage the parties to resolve their dispute at the earliest opportunity.
A liability in respect of weekly payments of compensation and medical expenses compensation may be commuted to a lump sum payment by the employer’s insurer to the worker.
A commutation agreement cannot be entered into by a worker unless they have first received independent legal advice. Commutation agreements must be certified by the State Insurance Regulatory Authority (SIRA) before they can be registered by the Commission. More information about commutation agreements is available from SIRA’s web site.
The Application to Register a Commutation Agreement (Form 5A) must be prepared and lodged jointly by the worker and the employer’s insurer.
The application can be lodged by email, through the Commission’s online lodgment portal, by post or in person. More information about lodgment methods is available on our lodge a dispute page.
The worker and the insurer will be notified when the agreement has been registered.
Where the worker is legally incapacitated by reason of age or mental capacity, the worker’s representatives and the employee's insurer must jointly prepare and lodge the Application for Determination to Commute Liability (Form 5C).
The application can be lodged by email, through the Commission’s online lodgment portal, by post or in person. More information about lodgment methods is available on our lodge a dispute page.
Once the Application for Determination to Commute Liability form has been lodged with the Commission, the parties will be allocated a teleconference with an arbitrator and will follow the legal disputes pathway.
A number of disputes may arise in relation to a work injury damages claim.
If there is a dispute as to whether the degree of permanent impairment is sufficient for an award of damages (“a threshold dispute”), the claimant cannot serve a pre-filing statement unless the degree of permanent impairment has been assessed by an approved medical specialist.
An Application for Assessment by an Approved Medical Specialist (Form 7) should be completed.
Once the application and the reply (if there is one) have been lodged with the Commission:
Pre-filing document requirements
Prior to mediation or court proceedings, the worker must serve a pre-filing statement on the insurer setting out the details of their claim and the evidence that will be relied on to establish or support their claim.
The insurer must then serve a pre-filing defence on the claimant, in response to their pre-filing statement, setting out the details of their defence and the evidence relied on.
In work injury damages disputes, the worker who serves the pre-filing statement on the insurer is called the claimant. The person or party who serves the pre-filing defence on the claimant is called the defendant.
Defective pre-filing statements
The defendant can, within seven days of the being served with the claimant’s pre-filing statement, notify the claimant of alleged defects in the pre-filing statement. The claimant must, within seven days of being notified about the alleged defects, notify the defendant whether they agree or disagree that the pre-filing statement is defective.
Either party can refer a dispute about whether the claimant’s pre-filing statement is defective by lodging an Application to Cure a Defective Pre-filing Statement (Form 11B) with the Commission.
The application can be lodged by email, through the Commission’s online lodgment portal, by post or in person. More information about lodgment methods is available on our lodge a dispute page.
The application will be determined by the registrar, who may require further information from the parties and may hold a teleconference. The claimant and defendant will be notified of the decision in writing.
Applying for access
To assist in reviewing and preparing the claimant’s work injury damages claim, the claimant can apply to the Commission for a direction to the defendant to provide reports and other documents in the defendant’s possession and/or to allow the claimant access to the defendant’s premises. This can be done by lodging the Direction for Access to Information and Premises (Form 11) for endorsement and issuing by the Commission.
The application can be lodged by email, through the Commission’s online lodgment portal, by post or in person. More information about lodgment methods is available on our lodge a dispute page.
If the Commission agrees to direct production of reports or documents and/or access to premises, the Direction for Access to Information and Premises (Form 11) will be endorsed and returned to the claimant. The claimant must then serve the endorsed direction on the defendant at least 28 days before the dates specified by the Commission in the direction.
The defendant must then provide the claimant with the reports or other documents, and/or access to the premises, as outlined in the direction.
Objecting to the direction
The defendant may object to the direction by notifying the registrar in writing before the dates specified on the direction expire. The defendant is then excused from complying with the direction until the objection is determined.
The objection will be determined by the registrar, who may require further information from the parties and may hold a teleconference. The claimant and defendant will be notified of the decision in writing.
Application to strike out a pre-filing statement
The defendant may apply to the Commission to strike out the claimant’s pre-filing statement where it has been at least six months since the pre-filing defence was served on the claimant.
The President can’t order the pre-filing statement to be struck out if the degree of permanent impairment is not yet fully ascertainable and the claimant has been referred to an {approved medical specialist} for assessment.
Lodging the Application to Strike Out a Pre-filing Statement (Form 11E) and supporting documentation is the first step for the defendant when applying to have the claimant’s pre-filing statement struck out by the Commission. The application can be lodged by email, through the Commission’s online lodgment portal, by post or in person. More information about lodgment methods is available on our lodge a dispute page.
The defendant must then serve a sealed copy of the application and any supporting documentation on the claimant within 14 days of the date of registration.
Opposing the strike out application
The next step is for the claimant to lodge an Notice of Opposition to Strike Out a Pre-Filing Statement (Form 11F) within 28 days.
The response can be lodged by email, through the Commission’s online lodgment portal, by post or in person. More information about lodgment methods is available on our lodge a dispute page.
The claimant must also serve copy of the opposition notice and any supporting documentation on the defendant within 28 days of the application being served on the claimant.
The application will be determined by the President, who may require further information from the parties and may hold a conference or hearing. The claimant and defendant will be notified of the decision in writing.
Most parties are legally represented in work injury damages claims.
The following bodies may be able to assist you to locate a lawyer:
You can choose to represent yourself, but you must indicate this on the front page of your application form.
The Commission is committed to providing equal access to our services. The Commission conducts proceedings in various regional locations, in addition to our location in Sydney.
We can provide accessibility assistance to contact the Commission or to attend proceedings. All Commission offices, including regional venues, provide for disability needs and we will make arrangements to ensure you have the necessary support.
We can also arrange interpreters, at no cost, to assist you with your dispute resolution application and proceedings..
Learn more about our accessibility and interpreter support.
The Commission’s dispute resolution services are free.
The time taken to resolve a dispute depends on:
The Commission aims to resolve disputes as quickly as possible and will encourage the parties to resolve their dispute at the earliest opportunity.
Registrar’s Practice Guide for Work Injury Damages Claims in the Workers Compensation Commission
Workers Compensation Commission Rules
Workers Compensation Legislation
Forms - Word
Form 11 - Direction for Access to Information and Premises
Form 11A - Certificate of Service for Work Injury Damages Claims
Form 11B - Application to Cure a Defective Pre-filing Statement
Form 11E - Application to Strike Out of Pre-Filing Statement
Form 11F - Opposition to Application to Strike Out of Pre-Filing Statement
For PDF versions of forms click here
An application can be made to the registrar to assess the costs payable in relation to a workers compensation or work injury damages dispute.
Lodging the application for assessment of costs is the first step for the applicant in requesting an assessment of costs by the registrar.
Depending on the circumstances of the matter, the correct application form will be:
The application can be lodged by email, through the Commission’s online lodgment portal, by post or in person. More information about lodgment methods is available on our lodge a dispute page.
The person lodging the application is called the applicant. The person responding to the application is called the respondent.
The applicant must serve a sealed copy of the application for assessment of costs on the respondent within 7 days of the application being registered by the Commission. All information attached to the application must also be provided to the other party.
| Who | Circumstances | Application deadline |
|---|---|---|
| Legal representative or agent | If they have been given a bill of costs | Lodgment must be within 30 days of being given the bill of costs |
| Legal representative or agent | If they have given a bill of costs | Lodgment must be after 30 days of giving the bill of costs |
| Any other person | If they have paid or are liable to pay costs in relation to an order by the Commission or an agreement | Lodgment must be 60 days after the making of the order or agreement |
Within 14 days of being served with the application, the respondent may object to part or all of the costs claimed by lodging with the Commission and serving on the applicant written submissions outlining their objections and attaching supporting documents.
Within seven days of service of the objections, the applicant may respond to any objections by lodging with the Commission and serving on the respondent written submissions and supporting documents.
Once the deadline for a response has passed, costs will be assessed by the registrar. The applicant and respondent will be notified of the outcome by the issuing of a written assessment of costs.
Most parties are legally represented in the Commission’s dispute resolution proceedings.
Workers are usually entitled to funding for legal assistance when their claim is disputed. Applications for legal assistance funding should be made to the Independent Legal Assistance and Review Service (ILARS). Your legal representative will usually apply to ILARS on your behalf for legal assistance funding. If you don’t have a lawyer, ILARS may also be able to assist you to locate one. ILARS is administered through the Workers Compensation Independent Review Office (WIRO). Call WIRO on 13 94 76 for more information.
The following bodies may also be able to assist you to locate a lawyer:
You can choose to represent yourself, but you must indicate this on the front page of your application form.
The Commission is committed to providing equal access to our services. The Commission conducts proceedings in various regional locations, in addition to our location in Sydney.
We can provide accessibility assistance to contact the Commission, to attend proceedings or our medical assessments. All Commission offices, including regional venues, provide for disability needs and we will make arrangements to ensure you have the necessary support.
We can also arrange interpreters, at no cost, to assist you with your dispute resolution application and proceedings. An interpreter will also be provided if you are required to attend a medical assessment.
Learn more about our accessibility and interpreter support.
The Commission’s dispute resolution services are free, including medical assessments.
The time taken to resolve a dispute depends on:
The Commission aims to resolve disputes as quickly as possible and will encourage the parties to resolve their dispute at the earliest opportunity.
Workers Compensation Commission Rules
Workers Compensation Legislation
Forms - Word
Form 15 - Application for Assessment of Costs - Schedule 6 before 1 November 2006
Form 15A - Application for Assessment of Costs - Schedule 6 on or after 1 November 2006
Form 15B - Application for Assessment of Costs -Schedule 7
For PDF versions of forms click here
Information on how to lodge disputes relating to compensation for death of a worker
The Commission’s role in resolving disputes in relation to the death of a worker include determining whether death results from an injury, who was dependent for support on the worker at the time of death, apportioning compensation between dependants and funeral expenses.
The Registrar’s practice guide for death claims provides further information on the types of disputes resulting from the death of a worker and the practice and procedure of the Commission.
The application in respect of death of a worker (Form 2D) is the approved form to lodge when an issue requires determination in respect of the death of a worker.
The person or party lodging the application is called the applicant. The person or party responding to the application is called the respondent. Most applicants are legally represented and the application is lodged by the legal representative on their behalf.
If compensation is claimed for a period prior to the date of death of a worker, such as for weekly compensation or medical treatment, either an application for expedited assessment (Form 1) or an application to resolve a dispute (Form 2) should be completed.
The application can be lodged by email, through the Commission’s online lodgement portal, by post or in person. More information about lodgment methods is available on our lodge a dispute page.
All relevant information must be attached to the application. The application should not be lodged until all relevant material is available because it may not be possible to include further information later in the dispute resolution process.
The applicant must serve a sealed copy of the application on the respondent within seven days of the application being registered by the Commission. All information attached to the application must also be provided to the other party. This early exchange of relevant information assists with discussions to help resolve the dispute.
The Registrar’s practice guide for death claims provides details on completing and preparing the application.
The next step in the lodgment process is for the respondent to respond to the application by lodging a reply to application to resolve a dispute (Form 2A). Most respondents are legally represented and the reply is lodged by the legal representative on their behalf.
The application will proceed even if the respondent chooses not to respond or does not respond in the required time, which is 21 days from date of registration of the dispute resolution application.
All information relevant to the dispute, which is not attached to the application, must be attached to the reply and provided to the other party. It may not be possible to include further information later in the dispute resolution process.
The reply can be lodged by email, through the Commission’s online lodgment portal, by post or in person . More information about lodgment methods is available on our lodge a dispute page.
Once the application and the reply (if there is one) have been lodged with the Commission, the parties will be allocated a teleconference with an arbitrator and will follow the legal disputes pathway.
Most parties are legally represented in the Commission’s dispute resolution proceedings.
Workers are usually entitled to funding for legal assistance when their claim is disputed. Applications for legal assistance funding should be made to the Independent Legal Assistance and Review Service (ILARS). Your legal representative will usually apply to ILARS on your behalf for legal assistance funding. If you don’t have a lawyer, ILARS may also be able to assist you to locate one. ILARS is administered through the Workers Compensation Independent Review Office (WIRO). Call WIRO on 13 94 76 for more information.
The following bodies may also be able to assist you to locate a lawyer:
You can choose to represent yourself, but you must indicate this on the front page of your application form.
The Commission is committed to providing equal access to our services. The Commission conducts proceedings in various regional locations, in addition to our location in Sydney.
We can provide accessibility assistance to contact the Commission or to attend proceedings. All Commission offices, including regional venues, provide for disability needs and we will make arrangements to ensure you have the necessary support.
We can also arrange interpreters, at no cost, to assist you with your dispute resolution application and proceedings. An interpreter will also be provided if you are required to attend a medical assessment.
Learn more about our accessibility and interpreter support.
The Commission’s dispute resolution services are free, including medical assessments.
The time taken to resolve a dispute depends on:
The Commission aims to resolve disputes as quickly as possible and will encourage the parties to resolve their dispute at the earliest opportunity.
Workers Compensation Commission Rules
Workers Compensation Legislation
Registrar's practice guide for death claims
Forms - Word
Form 2D - Application in Respect of Death of Worker
Form 2A - Reply to Application to Resolve a Dispute
Form 4 - Certificate of Service
For PDF versions of forms click here
Guides to completing forms
