Non-compliance by a medical panel with the 30-day time limit in s 28LZG(3) of the Wrongs Act 1958 does not deprive the panel of jurisdiction to give its determination. Parties may validly agree to extend the time limit under s 28LZG(3)(b) even after the initial 30-day period has expired. Mikhman v Royal Victorian Aero Club [2012] VSC 42 is disapproved on the jurisdictional point. McLeish JA dissented on the jurisdictional question, holding that the time limit was jurisdictional because paragraph (b) would serve no purpose if the panel could determine at any time regardless of agreement.
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