Accident compensation - "Transport accident" - "Incident directly caused by or directly arising out of the driving of motor car" - "Driving" - Whether driving includes being in charge of motor car - Transport Accident Act 1986 (No 111), s3(1) - Transport Accident (Amendment) Act 1988 (No 32), s4(1)(c)(ii).

Accident compensation - Transport accident - Statutory compensation scheme - Threshold test to common law proceedings - Meaning of "serious injury" - Transport Accident Act 1986 (No. 111), s93(4), s93(6) and s93(17).

Practice and procedure - Appeal to Full Count from County Court - Function of Full Court on appeal - County Court Act 1958 (No. 6230), s74.

Statutes - Interpretation - Use of extrinsic materials - Parliamentary debates - Intention of legislature - Interpretation of Legislation Act 1984 (No. 10096), s35(b).

Accident compensation - Transport accident - Period of entitlement to compensation of injured earner - Whether five days to be excluded from period must be earning days - Transport Accident Act 1986 (No 111), s43(1)(a), s44(1).

Accident compensation - Transport accident - Injury in course of employment - Statutory compensation scheme - Damages in respect of "serious" injury - Whether damages confined to "journey" transport accident and not "workplace" transport accident - Accident Compensation Act 1985 (No. 10191), s135(1)(ac)(i) - Transport Accident Act 1986 (No. 111), s38(2), s93(10).

Accident compensation - Transport accident - Injury in course of employment - Statutory compensation scheme - Threshold test to common law proceedings - Whether particular decisions of Transport Accident Commission in relation to threshold test reviewable by Administrative Appeals Tribunal - Transport Accident Act 1986 (No 111), s34, s38, s47, s63, s77, and s93 - Accident Compensation Act 1985 (No 10191), s135.

Statutes - Interpretation - Use of amending Act in interpreting unamended sections of principal Act - Use of extrinsic materials - Parliamentary debates.

Accident compensation - Transport accident - Leave to bring common law proceedings - Serious injury - Aggravation of pre existing condition - Transport Accident Act 1986 (No 111), s93.

Accident compensation - Transport accident - Motor vehicle - Fork-lift - Whether intended to be used on a highway or in a public place - Objective test - Evidence of user - Accident Compensation Act 1985 (No 10191), s135(1)(ac) - Transport Accident Act 1986 (No 111), s3(1) - Road Safety Act 1986 (No 127), s3(1).

Accident compensation - Transport accident - Damages - Serious injury - Common law claim - Compensation claim statute-barred - Whether common law claim barred - s93 certificate - Impairment assessment - Transport Accident Act 1986 (No 111) s46A, s47, s68, and s93 - Transport Accident Amendment Act 1988 (No 32).

Accident compensation - "Transport accident" - Whether incident directly arose out of driving a motor vehicle - Meaning of "directly arising out of" - Transport Accident Act 1986 (No 111) s3(1).

Accident compensation - Transport accident - Death benefit - Meaning of "earner" - Eligibility for age pension - Substantive and procedural requirements - Transport Accident Act 1986 (No 111) s3(1), s57 - Social Security Act 1947 (Cth) s42, s43, s44, s47.

Accident compensation - Transport accident - Leave to bring common law proceedings - "Serious injury" - "Permanent serious disfigurement" - Abdominal scarring - Subjective response to disfigurement - Transport Accident Act 1986 (No 111) s93.

Accident compensation - Transport accident - Leave to bring common law proceedings - "Serious injury" - "Permanent serious disfigurement" - Scarring - Transport Accident Act 1986 (No. 111) s. 93.

Limitation of actions - Extension of time within which to bring action - Application for leave to bring common law action - Claim within time when application instituted - Claim statute-barred when application finally determined - Limitation of Actions Act 1958 (No. 6295) s. 23A.

Accident compensation - Transport accident - Limitation of actions - Commencement of limitation period - First manifestation of injury for which compensation sought - First manifestation of any injury caused by accident which caused injury for which compensation sought - Transport Accident Act 1986 (No. 111) s. 68(1).

Accident compensation - Transport accident - Damages - Medical and hospital expenses - Payable by plaintiff's employer subject to reimbursement out of damages - Whether damages should include compensation for medical and hospital expenses - Transport Accident Act 1986 (No. 111) ss. 37(g) 60(1)(a) 93(10)(b).

Accident compensation - Transport accident - Whether Transport Accident Commission liable to pay compensation - Accident outside Victoria - Vehicle registered interstate - Vehicle usually kept in Victoria - Whether vehicle "exempt from registration" in Victoria - Statutes - Interpretation - Constitutional law - Extraterritorial effect of legislation - Meaning of "exempt" - Transport Accident Act 1986 (No. 111) ss. 3 35(1) - Road Safety Act 1986 (No. 127) ss. 7 95 Sch. 2.

Accident compensation - Transport accident - Brain damage - Level of permanent impairment - Guides to the Evaluation of Permanent Impairment - Disturbance of complex integrated cerebral function - Fourfold classification - Ability to carry out "daily activities" - Whether applicant could carry out daily activities without supervision and/or direction - Transport Accident Act 1986 (No. 111) ss. 46A 53.

Accident compensation - Transport accident - "Serious injury" - "Severe long-term behavioural disturbance" - Whether symptoms consciously or unconsciously motivated - Transport Accident Act 1986 (No. 111) s. 93.

Accident compensation - Transport accident - Limitation of actions - Application for review of decision of Transport Accident Commission - Extension of time within which to bring application - Transport Accident Act 1986 (No. 111) ss. 77 83 - Administrative Appeals Tribunal Act 1984 (No. 10155) s. 31.

Accident compensation - Transport accident - Meaning of "serious injury" - Whether injury must be "very considerable" - Significance of inability to pursue former occupation - Transport Accident Act 1986 (No. 111) s. 93(4) 93(6) 93(17).

Accident compensation - Transport accident - Leave to bring common law proceedings - Serious injury - Meaning of "serious" - Guidance of "very considerable" test - Severe long-term mental or severe long-term behavioural disturbance or disorder - Meaning of "severe" - Whether stronger than "serious" - Appeal - Principles applicable to appeal from determination regarding serious injury - Whether same principles as for appeals from discretionary judgments - Fresh evidence - Whether admissible - Transport Accident Act 1986 (No. 111) s. 93(4) 93(17) - Supreme Court Rules Ch. I r. 64.22(3).

Accident compensation - Transport accident - Claim for impairment benefit - Transport Accident Commission - Administrative law - Administrative Appeals Tribunal - Review by tribunal of commission's decision - Statutory obligation on commission to disclose relevant material to tribunal - Failure by commission to disclose relevant material - Failure by claimant to disclose material - Tribunal upholding commission's decision - Appeal to Supreme Court - Relevant material withheld from tribunal disclosed to court - Administrative Appeals Tribunal Act 1984 (No. 10155) s. 36(1) - Transport Accident Act 1986 (No. 111) s. 38(2).

Accident compensation - Transport accident - Motor vehicle - Motor cycle - Not used on a highway for many years - Whether "intended to be used on a highway" - Meaning of "intended" - Objective test - Transport Accident Act 1986 (No. 111) ss. 3(1) 35 - Road Safety Act 1986 (No. 127) s. 3(1).

Accident compensation - Transport accident - Leave to bring common law proceedings - Serious injury - Death of injured person from other causes - No steps taken to establish "serious injury" before death - Whether cause of action vested in injured person at death - Application for leave to bring proceedings made by personal representative - Whether maintainable - Whether application maintainable after tortfeasor's death - Meaning of "serious injury" - Transport Accident Act 1986 (No. 111) ss. 3(5)(c) 93 94(7) - Administration and Probate Act 1958 (No. 6191) s. 29.

Accident compensation - Transport accident - Criminal injuries compensation - Criminal law - Sentencing - Power of sentencing court to order compensation for victim - Whether precluded in transport accidents - Sentencing Act 1991 (No. 49) s. 86 - Transport Accident Act 1986 (No. 111) ss. 27 37 93 94.

Negligence - Highways, streets and roads - Nonfeasance - Misfeasance - Liability of local council.

Accident compensation - Transport accident - Benefits - Loss of earning capacity - Statutory indemnity in favour of Transport Accident Commission against wrongdoer - Amendment extending indemnity - Whether applicable to payments made in respect of accident occurring before amendment - Statutes - Interpretation - Amendment - Whether retrospective - Transport Accident Act 1986 (No. 111) ss. 49 104 - Transport Accident (General Amendment) Act 1994 (No. 84) s. 11 - Interpretation of Legislation Act 1984 (No. 10096) s. 14(2)(e).

Accident compensation - Transport accident - Leave to bring common law proceedings - "Serious injury" - Serious long-term impairment or loss of a body function - Severe long-term mental or severe long-term behavioural disturbance or disorder - Minor physical injury - Psychological reaction - Impairment of body function produced by mental disturbance or disorder - Transport Accident Act 1986 (No 111) s 93(17).

Accident compensation - Transport accident - Compensation - Medical services - In vitro fertilisation - Injured person and wife receiving IVF treatment - Whether compensation payable for costs of wife's treatment - Transport Accident Act 1986 (No 111) ss 3 35(3) 60(1)(a).

Accident compensation - Transport accident - Benefits - Death benefits - Statutory indemnity in favour of Transport Accident Commission against wrongdoer - Whether indemnity applicable to payments of death benefits for deaths occurring before 19 May 1998 - Statutes - Interpretation - Amendment - Whether retrospective - Transport Accident Act 1986 (No 111) ss 93 104 - Transport Accident (General Amendment) Act 1994 (No 84) ss 10 42 - Transport Accident (Amendment) Act 1998 (No 34) s 15 - Interpretation of Legislation Act 1984 (No 10096) s 14(2).

Accident compensation - Transport accident - Costs - Offer to settle - Costs penalty if outcome not more favourable than offer - Administrative law - Victorian Civil and Administrative Tribunal - Review of decision of Transport Accident Commission - Proposal by commission to end proceeding - Whether an offer to settle - Whether proposal must contain element of compromise to be an offer to settle - Meaning of "settle" and "settlement" - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 112 Sch 1 item 93 - Transport Accident Act 1986 (No 111) ss 77 79.

Accident compensation - Transport accident - Serious injury - Impairment - Successive accidents - Causation - Concurrent causes - Connection between accident and injury - Connection between injury and impairment - Pre-existing degenerative condition - Delayed impairment assessment - Apportionment of impairment as between different injuries - Transport Accident Compensation Act 1986 (No 111) s 46A.

Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Physical impairment - Extremities, spine and pelvis - Whether "genuine functionally-driven physical impairment" capable of constituting impairment - Episodic neurological disorders - Migraine headaches attributable to neck disorder - No brain injury - Whether capable of assessment as "episodic neurological disorder" - AMA Guides Chs 1 2 - Transport Accident Act 1986 (No 111) ss 46A 46B(1).

Accident compensation - Transport accident - Transport Accident Commission - Unregistered motor vehicle - Transport accident charge - Non-payment - Consequential non-existence of owner's right of indemnity - Judgment entered against commission in respect of third party claim for damages arising from use of unregistered vehicle - Vehicle being used on private property - Commission's right to indemnity - Claim against vehicle's owner - Defence - Whether non-existence of owner's indemnity due to owner's default - "Registered motor vehicle" - Whether charge only applicable at time when the vehicle is being used on a highway - Transport Accident Act 1986 (No 111) ss 94 97 109 - Road Safety Act 1986 (No 127).

Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Nervous system - Disturbances of complex, integrated cerebral functions - Impairment limiting daily activities to directed care under confinement at home or in other domicile - "Confinement" - Whether restricted to a legally imposed restraint - Person living in special accommodation home - AMA Guides Ch 2 - Transport Accident Act 1986 (No 111) s 46A.

Administrative law - Victorian Civil and Administrative Tribunal - Reasons for decision - Judicial review - Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Overlapping types of impairment - Disturbances of complex, integrated cerebral functions - Mental and behavioural disorders - AMA Guides Chs 2, 12 - Statutory prohibition on double counting - Failure to consider evidence for either type of impairment - Whether merely a failure to comply with statutory obligation to provide reasons - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 117(2) 117(5) - Transport Accident Act 1986 (No 111) ss 46A 46B.

Accident compensation - Transport accident - Serious injury - Severe long-term mental or severe long-term behavioural disturbance or disorder - Post-traumatic stress disorder - Impairment - Pre-existing psychological disorder - Impairment determination by Transport Accident Commission - Review by Administrative Appeals Tribunal - Tribunal finding that stress disorder resulted from traffic accident - Subsequent application for leave to bring common law proceedings - Causation - Whether injury limited to aggravation of pre-existing disorder - Extent to which expert evidence required - Whether administrative review decision gave rise to an issue estoppel - Whether parties or their privies identical - Inconsequential erroneous legal ruling - Judges - Reasons for decision - Sufficiency - Interlocutory proceeding - Transport Accident Act 1986 (No 111) ss 46A 93.

Accident compensation - Transport accident - Serious injury - Damages - Trial by judge and jury - Judgment - Interest - Calculation of interest by trial judge - Past losses - Jury verdict not differentiating between past and future losses - Trial judge relying on evidence of earnings of comparable employee - Plaintiff's situation not truly comparable - Failure to make allowance for post-accident earnings and statutory payments for lost earning capacity - Ascertainment of amount taken to have been allowed by jury for past loss - Preferable for counsel to agree - Transport Accident Act 1986 (No 111) ss 49 93(11) 93(15).

Accident compensation - Transport accident - Benefits - Disability service - Attendant care - Hospital in-patient - Care provided by parent - Overlap with "hospital service" - Whether compensable - Transport Accident Act 1986 (No 111) ss 3 23 60

Accident compensation - Transport accident - Benefits - Rehabilitation service - Long-term accommodation - Paraplegic victim - Special needs - Additional bedroom - Increased rental costs - Whether compensable - Whether "accommodation support" - Transport Accident Act 1986 (No 111) ss 3 23 60

Accident compensation - Transport accident - Entitlement to bring common law action for damages - Pre-conditions - Requirement that there be an impairment assessment - Requirement that injury be a serious injury - Pre-conditions not satisfied - Injury resulting from transport accident - Injury exacerbated by subsequent surgical treatment - Action against surgeon for alleged negligence - Whether action barred - Whether further injury "a result of a transport accident" - No break in chain of causation - Transport Accident Act 1986 (No 111) ss 3(1) 3(3)(c) 93(1) 93(2)

Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Internal inconsistency - Inconsistency with Act - Time for assessment of impairment - Spinal injury - Successful surgery - Whether impairment to be assessed prior to surgery or treatment - Transport Accident Act 1986 (No 111) ss 8 46A

Accident compensation - Transport accident - Transport Accident Commission - Payment of benefits - Commission's entitlement to indemnity against tortfeasor - Out-of-State accident - Whether indemnity restricted to accidents occurring in Victoria - Transport Accident Act 1986 s 104

Constitutional law - Federal jurisdiction - Applicable law - Claim by State instrumentality against resident of another State - Statutory claim for indemnity - Characterisation - Whether a claim in tort - Judiciary Act 1903 (Cth) ss 64 79 80

Constitutional law - State statute - Validity - Extra-territorial question of statutes - Whether invalid as purporting to apply outside Victoria - Whether invalid as being inconsistent with laws of another State - Prohibition on imposition of disability or discrimination on basis of residence interstate - Nature and extent of prohibition - Statute conferring right on State instrumentality - Whether subjecting interstate resident to disability or discrimination in Victoria on the ground of residence in another State - Commonwealth Constitution ss 117 118

Accident compensation - Transport accident - Workers compensation - Fatal accidents - Dependants' claims - Damages - Interest - Statutory prohibition subject to exception - Date on which permissible interest became payable - Whether date of death or date of commencement of proceeding - Whether interest payable on all or some of damages awarded - "Damages referable to loss actually suffered before the date of the award" - Accident Compensation Act 1985 (No 10191) ss 134AB(34) 135A(16) 135A(17) 135C(5) 135C(6) - Transport Accident Act 1986 (No 111) ss 93(15) 93(16) 175(1) 175(2).

Statutes - Interpretation - Presumptions - Ranking - Presumption against surplusage - Higher order than presumption from re-enactment after judicial interpretation.

Statutes - Interpretation - Presumptions - Presumption from re-enactment after judicial interpretation - Status of County Court decisions - Presumption limited to decisions of superior courts.

Statutes - Interpretation - Presumptions - Presumption against taking away accrued and common law rights - No application to a right created by statute - Interest on judgments.

Statutes - Interpretation - Punctuation - Permissible consideration - Interpretation of Legislation Act 1984 (No 10096) ss 35 36(3B)

Accident compensation - Transport accident - Transport Accident Commission - Claim for benefits - Refusal - Motor vehicle - Bulldozer - Used in State forest logging operations - Some use on "C" class roads - Accident in forest logging coupe - Whether vehicle "used ... on a highway" - Commission applying actual use test - Departure from decade-long commission practice of applying normal or repeated use test - Commission determination approved on administrative review - Merits review tribunal applying wrong test - Conflicting authorities - Whether court should entertain challenge to more recent established line of authority - Court of Appeal deciding underlying matter instead of remitting it - Transport Accident Act 1986 (No 111) s 3 - Road Safety Act 1986 (No 127) s 3(1)

Accident compensation - Transport accident - Transport Accident Commission - Payment of benefits - Extinguishment of common law right of action - Commission's statutory entitlement to indemnity against tortfeasor - Tortfeasor settling separate action brought by transport accident victim - Judgment entered for tortfeasor - Commission's entitlement to indemnity not extinguished - "Regardless of section 93" - "But for this Act" - Transport Accident Act 1986 (No 111) ss 93 104

Accident compensation - Transport accident - Transport Accident Commission - Claim for indemnity - Single motor vehicle accident - Negligence - Res ipsa loquitur - Applicability - Requirements - Whether absence of explanation of accident - Trial judge rejecting defendant's explanation - Relevance of expert evidence.

Practice and procedure - Appeal - Party permitted to withdraw concession made at trial.

Accident compensation - Transport accident - Entitlements - Transport Accident Commission - Decision-making obligations - Impairment determination - Conditions for effective and timely application - Exchange of correspondence - Interpretation - Judicial review - Mandamus - Discretion - Adequate alternative remedy - "Date of the application" - Transport Accident Act 1986 (No 111) s 46A(1) 46A(1A) 46A(1B) - Supreme Court (General Civil Procedure) Rules 2005 O 56.

Accident compensation - Transport accident - Entitlements - Employee injured - Employer's loss of employee's services - Action per quod servitium amisit extinguished in relation to transport accidents - "In respect of" - Transport Accident Act 1986 (No 111) s 93(1).

Accident compensation - Transport accident - Loss of earnings claim - Driver - Disentitlement - Driver's licence cancelled - Person in charge of motor vehicle - Vehicle running out of fuel - Driver alighting from vehicle and pushing vehicle - Driver injured when struck by another vehicle - Injured driver's licence cancelled - Causation - Whether necessary that driver be person driving - "Driver of a motor vehicle" - "In charge of" - "Injured as a result of a transport accident" - Transport Accident Act 1986 (No 111) s 40(1)(c)(ii)

Accident compensation - Transport accident - Benefits - Entitlement - Ancillary services - Rehabilitation - Application for compensation by way of purchase of quad bike - Transport Accident Commission - Power to fund purchase of motor vehicle - Scope - Purchase of quad bike as provision of rehabilitative service - Whether service must be subject to structured programme - "Rehabilitative service" - "Aid" ... "appliance", or "apparatus" - "Motor vehicle" - Transport Accident Act 1986 (No 111) ss 60(3) (3A) - Road Safety Act 1986 (No 127)

Tort - Duty of care - Content - Breach - Occupier of land - Foreseeability of risk - Magnitude of risk - Insufficient consideration - Land adjacent to highway - Escape of horse from agistment - Paddock and main entrance gates left open - Horse colliding with motor vehicle - One passenger killed and another injured - Standard of care - Reasonable care in the circumstances - Prospective not retrospective assessment of risk - Very small risk of horse escaping - No additional precautions against escape of horse required from reasonable person - No breach of duty.

Tort - Duty of care - Horse agisted on land - Risk of escape - Tenant of neighbouring house - No control of horse or land - No duty of care.

Accident compensation - Transport accident - Payment of compensation - Indemnity claim by Transport Accident Commission against third parties - Occupier of land not in breach of duty of care to users of highway - Tenant owed no duty of care to users of highway to take precautions to prevent escape of horse.

Accident compensation — Transport accident — Claim for compensation — Time limit for claim — Respondent’s partner died as a result of a transport accident — Respondent made claim for funeral and dependency benefits — Respondent later sought to claim impairment benefit — Commission declined to determine respondent’s degree of impairment — Whether Transport Accident Act distinguishes between claims for compensation by persons injured as a result of transport accidents, and claims by dependants of persons who die as a result of transport accidents — Whether time limit in s 68 applies separately to each category of claim — Transport Accident Act 1986 (Vic), ss 35, 46A, 47, 68

Accident compensation — Transport accident — Serious injury — Application for leave to commence common law proceeding — Standard of appellate review — Whether judge erred in failing to be satisfied that consequences were collectively very considerable — Transport Accident Act 1986 (Vic), s 93