An appeal against a finding that no compensable injury exists under s 134AB of the Accident Compensation Act 1985 (Vic) is a traditional civil appeal under s 74 of the County Court Act 1958 (Vic), not an appeal under s 134AD. Such credibility-based findings will not be overturned unless 'glaringly improbable' or 'contrary to compelling inferences'. Failure to comply with [name withheld] v [name withheld] in cross-examination during serious injury applications will not necessarily give rise to a miscarriage of justice where the opposing case was otherwise clear.
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