Workers Compensation Nominal Insurer v Republic of Lebanon

The Workers Compensation Nominal Insurer sought indemnification for workers compensation payments made to a consulate staff member in Sydney who was employed by the Republic of Lebanon but was uninsured. The defendant, the Republic of Lebanon, did not respond to the statement of claim, and remained unresponsive throughout the proceedings. The court dismissed the proceedings for inactivity under UCPR r 12.8(2) after over five months of inactivity. The plaintiff subsequently applied to set aside the dismissal, arguing that its solicitors were unaware of the warning from the court of impending dismissal, and that the defendant had not responded to the statement of claim. The court set aside the dismissal and granted the plaintiff’s application to dispense with service of a notice of motion, as the defendant was a foreign state and had previously not responded to the service of originating process under the Foreign States Immunities Act 1985 (Cth). The court found in favour of the plaintiff, awarding judgment for indemnification for the workers compensation payments made to the consulate staff member.