(1) The amendments to this Part by sections 68 and 69 of the amending Act apply on and after the commencement date whether the damage in question occurred before, on or after the commencement date.
(2) In addition to subsection (1), but subject to subsection (3), a decision, order or declaration made or purportedly made by VCAT under this Part before the commencement date is as valid and effective as it would have been if the amendments made by sections 68 and 69 of the amending Act had been in operation at the time the decision, order or declaration was made or purportedly made.
(3) Subsection (2) does not apply in relation to a decision, order or declaration of VCAT if—
(a) an order was made by the County Court or the Supreme Court (including the Court of Appeal) before the commencement date which quashed, overturned or reversed the decision, order or declaration on the ground that VCAT had no jurisdiction to make a decision, order or declaration in respect of contribution under this Part; or
(b) an appeal or a review which includes the ground that VCAT has no jurisdiction to make a decision, order or declaration in respect of contribution under this Part has been commenced but not determined before the commencement date.
(4) In this section—
"amending Act" means the Justice Legislation Amendment Act 2023 ;
"commencement date" means the day on which Division 2 of Part 10 of the
amending Act comes into operation.
Pt IVAA (Heading and ss 24AE– 24AS) inserted by No. 60/2003 s. 3.
Part IVAA—Proportionate liability
S. 24AE inserted by No. 60/2003 s. 3 (as amended by No. 102/2003 s. 36).