28Non-application of this Part

28 Non-application of this Part S. 28(1) amended by No. 57/1989 s. 3(Sch. item 223.7). (1) This Part shall not apply to any claim to which section 45 of the **Supreme Court Act 1986** applies and that Act shall have effect with respect to any such claim as if this Act had not passed. (2) This Part shall not apply to any case where the acts or omissions giving rise to the claim occurred before the passing of the **Wrongs (Contributory Negligence) Act 1951**. S. 28AA inserted by No. 75/2000 s. 8. 28AA Transitional provision (1) Subject to subsection (2), the amendments to this Part made by sections 4, 5 and 6 of the **Wrongs (Amendment) Act 2000** must be taken to apply to wrongs that occurred before the commencement of that Act as if those amendments had been in force when the wrong occurred. (2) This Part, as in force before the commencement of the **Wrongs (Amendment) Act 2000**, continues to apply to a wrong about which— (a) a court has, before that commencement, given judgment or made a decision (including a judgment or decision about liability only), whether or not an appeal has been made against that judgment or decision before that commencement or is made on or after that commencement; or (b) the persons responsible for the damage have, before that commencement, entered into an agreement to settle claims arising from the wrong (including an agreement about liability only). S. 28AAB inserted by No. 26/2023 s. 72. 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. Pt 5A (Heading and s. 28A) inserted by No. 9353 s. 2(b). Part VA—Assessment of damages S. 28A inserted by No. 9353 s. 2(b). 28A Damages for deprivation or impairment of earning capacity Where in relation to a claim for damages for deprivation or impairment of earning capacity or for other personal injury it becomes material to assess such damages having regard to loss of earnings or of future probable earnings, there shall be taken into account in reduction of the sum assessed such amount as is reasonably considered to be the amount that would have been payable as income tax by reason of the receipt of such earnings by the person who has suffered loss of them had he received them. Pt 5B (Heading and ss 28B–28L) inserted by No. 49/2002 s. 7. Part VB—Personal injury damages S. 28B inserted by No. 49/2002 s. 7.