Civic Workers Plus Pty Ltd v Hill

[2000] VSCA 61

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Accident Compensation
2. › Costs
3. › Claims under ss.98 and 98A
4. › Statutory offer and counter statutory offer regime
5. › Whether s.50(2A) provides exclusive costs code
6. › Whether deemed statutory offer of nothing triggers claimant's obligation to make counter statutory offer under s.104(11A)
7. › Accident Compensation Act 1985 (Vic), ss.50(2A), 98, 98A, 104(9), 104(11), 104(11A), 104(11B)
1. Statutory Interpretation
2. › Construction of related provisions enacted simultaneously
3. › Whether deemed offer triggers obligation dependent on actual offer
4. › Legislative intent to create comprehensive scheme
5. › Giving effect to legislative purpose rather than frustrating it
1. Statutes
2. › Retrospective operation
3. › Common law presumption against retrospectivity
4. › Express provision for retrospective commencement
5. › Whether amendments attached new consequences to past events or operated prospectively
6. › Accident Compensation (Further Amendment) Act 1997 (Vic), s.2(2)

Quick Take

Section 50(2A) of the Accident Compensation Act 1985 (Vic) provides the exclusive costs regime for all County Court proceedings relating to claims under ss.98 and 98A. Where an insurer fails to make a statutory offer and is deemed to have made a statutory offer of nothing under s.104(11), the claimant is still obliged to make a counter statutory offer under s.104(11A), and in default is deemed to have made one at the maximum claimable amount under s.104(11B). The practical difficulties in calculating time limits when the insurer remains silent do not excuse the claimant from this obligation.