Lawstrane Pty Ltd and Victorian WorkCover Authority v Ruttmar

[2013] VSCA 57

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Stay of judgment pending appeal
4. › Power of County Court to stay judgment of another judge
5. › Implied incidental powers of statutory courts
6. › County Court Act 1958 (Vic), s 49
7. › County Court Civil Procedure Rules 2008 (Vic), r 66.14
1. Practice and Procedure
2. › Judgments and orders
3. › Stay of judgment
4. › Whether court functus officio after entry of judgment
5. › Whether functus officio doctrine prevents stay order
6. › Distinction between varying judgment and suspending its operation
1. Practice and Procedure
2. › Judgments and orders
3. › Orders nunc pro tunc
4. › Whether stay order may be pronounced nunc pro tunc
5. › Whether delay or prejudice goes to power or discretion
1. Practice and Procedure
2. › Judgments and orders
3. › Stay of judgment
4. › Whether court may stay operation of statutory provision
5. › No power to suspend statute absent specific legislative mandate
6. › Accident Compensation Act 1985 (Vic), s 134AB(12)

Quick Take

The County Court of Victoria has implied incidental powers, as well as powers under s 49 of the County Court Act 1958 (Vic) and r 66.14 of the County Court Civil Procedure Rules 2008 (Vic), to stay a judgment granting leave under s 134AB(16)(b) of the Accident Compensation Act 1985 (Vic), and to pronounce such an order nunc pro tunc. A stay of the judgment is sufficient to prevent the statutory offer process under s 134AB(12) from being triggered, without the need to directly stay the operation of the statute. A court cannot directly stay the operation of a statutory provision absent specific legislative mandate.