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 - 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 - 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.