Consent orders allowing an appeal and remitting for rehearing cannot be made unless the court independently satisfies itself that the judgment below is wrong or sufficiently problematic. The court must consider resource implications for the administration of justice and ensure that any error at first instance is not replicated on rehearing. In serious injury applications under s 134AB of the Accident Compensation Act 1985 (Vic), precise arithmetical calculation of the 40% loss of earning capacity threshold is required, and the judge must set out the calculation relied upon.
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