DERMATOLOGY & COSMETIC SURGERY SERVICES PTY LTD v NICHOLS and Others Court of AppealBeach and Kennedy JJA, Nichols AJA 28 November, 16 December 2025[2025] VSCA 328Practice and procedure — Tort — Personal injury claim — Significant injury — Referral to Medical Panel — Service of certificates of assessment and prescribed information — When service effective — Interaction of s 28LT of Wrongs Act 1958 (Vic) with County Court — Civil Procedure Rules 2018 (Vic) — Wrongs Act 1958 (Vic), pt VBA.
N sought a declaration from the County Court that she had suffered a significant injury within ss 28LW and 28LWE(2) of the Wrongs Act 1958 (Vic) (Act) and that a referral of her claim to a Medical Panel by the defendant medical clinic was invalid as being out of time, having been made more than 60 days after service. This turned on when N effected service on the clinic of certificates of assessment of injury and prescribed information under s 28LT of the Act. She had purported to do so by serving them by email on the clinic’s solicitor who had filed a notice of appearance in the County Court proceeding. If this service were valid for the purposes of the Act, the clinic’s referral would be invalid, and it would be deemed under s 28LW(4) of the Act to have accepted the assessment. The County Court granted the application. The clinic sought leave to appeal.