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