Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT ACT 2023 (NO. 26 OF 2023) - SECT 72

After section 28AA of the Wrongs Act 1958 insert —

        " 28AAB     Transitional and validating for Part V—Justice Legislation Amendment Act 2023

    (1)     The amendment to this Part by section 71 of the amending Act applies 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 amendment made by section 71 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 contributory negligence 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 contributory negligence 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.".

Division 3—Amendment of Limitation of Actions Act 1958