Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), this Part as amended by the Wrongs Amendment (Asbestos Related Claims) Act 2015 applies to a claim in a proceeding for damages for non-economic loss in respect of an injury that is an asbestos-related condition, irrespective of when the act or omission causing the injury and giving rise to the claim for damages in respect of the injury occurred.
(2) The amendments made to this Part by the Wrongs Amendment (Asbestos Related Claims) Act 2015 do not apply to a claim in a proceeding for damages for non-economic loss in respect of an injury that is an asbestos-related condition if, before the Wrongs Amendment (Asbestos Related Claims) Act 2015 commenced—
(a) the proceeding had been finally determined; or
(b) the claim had otherwise been finally settled.
(3) If, immediately before the commencement of the Wrongs Amendment (Asbestos Related Claims) Act 2015 , a proceeding for a claim for damages for non-economic loss in respect of an injury that is an asbestos-related condition had been commenced and begun to be heard but was not determined by the court or otherwise finally settled at the commencement of that Act, that claim is taken to have always been a claim to which this Part does not apply as if section 28LC(2)(e) had been enacted and in operation at the time the proceeding in respect of the claim was commenced.
(4) Despite section 14(2) of the Interpretation of Legislation Act 1984 , this Part as amended by the Wrongs Amendment (Asbestos Related Claims) Act 2015 applies to proceeding number S CI 2390 of 2013 in the Supreme Court of Victoria: Multari v Amaca Pty Ltd (under New South Wales administered winding up) and Another .
S. 28LZS inserted by No. 62/2015 s. 13.