KEON-COHEN v VICTORIAN WORKCOVER AUTHORITY and Another

4 VR 367·Callaway, Buchanan and Chernov JJA
4 VR 367
KEON-COHEN v VICTORIAN WORKCOVER AUTHORITY and Another SUPREME COURT OF VICTORIA Callaway, Buchanan and Chernov JJA 25 February, 14 March 2002 [2002] VSCA 0022 Accident compensationWorkers compensationAppealCounty CourtUninsured Employers and Indemnity SchemeDetermination of liability by County CourtAppeal limited to question of law raised in the proceedings below County Court Act 1958 (No 6230) s 74 Accident Compensation Act 1985 (No 10191) s 52 Accident Compensation (WorkCover Insurance) Act 1993 (No 50) ss 5, 61(3). .

Section 74 of the County Court Act 1958 gave any party to a civil proceeding who was dissatisfied with any judgment or order of the County Court a right of appeal to the Court of Appeal. Section 52 of the Accident Compensation Act 1985 provided that s 74 of the County Court Act did not apply to judgments or orders of the County Court in proceedings under that Act or the Workers’ Compensation Act 1958. Section 52(4)(a) of the Accident Compensation Act provided that the Supreme Court must not consider an appeal under the Act if a notice of intention to appeal had not been served under s 52(2). An appeal under s 52 was limited to an appeal on a question of law raised during the proceedings below.

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