Fresh evidence of post-trial surgical intervention and its consequences may be admitted on appeal in serious injury applications under the Accident Compensation Act 1985 (Vic) where the trial judge rejected the treating doctor's evidence and did not address the possibility of surgical intervention, and where the surgery and its aftermath were not reasonably in contemplation at the time of trial. The single-application rule in s 134AB(21) supports rather than precludes admission of such evidence. Where fresh evidence is admitted and credibility is in issue, the matter should be remitted for rehearing rather than decided by the appellate court.
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