6.3.1 Common law potential (CLP)

WorkSafe may refer claims considered to have common law potential to one of its legal panel firms for review. The purposes for such a review may include:

  • to place the panel firm in a better position to respond to a common law application, when one is received
  • to allow the panel firm to provide advice to WorkSafe and the Agent regarding management of the no-fault claim having regard to potential common law issues
  • to allow the panel firm to initiate some inquiries in relation to common law issues (including the identification of documents and information held by the employer in relation to liability).


Agents are required to co-operate with panel firms who are instructed to undertake CLP Common Law potential work through:

  • providing the Agent file promptly to the panel firm
  • considering and where appropriate actioning any reasonable request or recommendation of the panel firm in relation to management of a claim
  • where a file is identified as having common law potential and a panel firm has been instructed in the matter, liaising with that firm in relation to significant claim decisions.

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