Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 52

Appeals

52. Appeals



(1) Any person who was a party to proceedings before the County Court at which
a judgement or decision was given or made may appeal to the Court of Appeal on
a question of law raised during those proceedings.

(2) If a person intends to appeal to the Supreme Court under subsection (1),
the person, within 21 days after the giving of the judgement or making of the
decision, must serve notice of intention to appeal on the County Court and on
each other party to the proceedings.

(3) If a person has served a notice under subsection (2), that person must
lodge the appeal application within 6 months after the making of the
determination or by leave of the Supreme Court (obtained before or after that
period) after that period.



(4) The Supreme Court must not consider an appeal if-

   (a)  notice of intention to appeal has not been served under subsection
        (2); or

   (b)  the appeal application is not lodged as required by subsection (3).

(5) For the purposes of Division 6 of Part IV, the service of a notice of
intention to appeal and the lodging of an appeal under that Division do not
operate as a stay of a determination of the County Court.

(6) If the determination appealed against included a determination that
compensation in the form of weekly payments be paid, the weekly payments must
continue despite service of notice of intention to appeal or lodging the
appeal application until the County Court reviews the determination in
accordance with subsection (8).

(7) If the determination appealed against included a determination that
compensation in a form other than weekly payments be paid, the compensation in
dispute-

   (a)  must not be paid until the period specified in subsection (2) has
        elapsed; and

   (b)  if a notice of intention to appeal has been served under subsection
        (2), must not be paid until the period of six months has elapsed; and

   (c)  if an application has been lodged under subsection (3), must not be
        paid until the Supreme Court has considered the appeal and the County
        Court has made a determination under subsection (8) or the appeal has
        been withdrawn.

(8) On the making of a determination by the Supreme Court on an appeal under
this section, the County Court must review its determination and make a new
determination not inconsistent with the Supreme Court's determination.

(9) Section 74 of the County Court Act 1958 does not apply to a judgement or
order of the County Court in proceedings under this Act or the
Workers Compensation Act 1958.

Division 1A-Accident Compensation Conciliation Service