Section 134AB(28) of the Accident Compensation Act 1985 (Vic) governs costs only as between the worker and the employer, not as between the employer and a third party defendant. A jury's finding of contributory negligence is not precluded merely because the jury also found the employer negligent, as the jury may have found negligence on bases that did not require acceptance of all of the plaintiff's evidence. A Sanderson order is appropriate where the plaintiff's claims against two defendants are interdependent or alternative, it was reasonable to join the successful defendant, and the unsuccessful defendant's complete denial of liability and decision to seek contribution made the order just.
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