Van Der Wolf v TAC

[2025] VSCA 24

Victorian Court of Appeal

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Interrogate

Catchwords

1. Transport Accident
2. › Definition of transport accident
3. › Incident directly caused by the driving of a motor vehicle
4. › Whether sounding of alcohol interlock device alarm directly caused by driving
5. › Whether intimate connection between driving and incident sufficient
6. › Whether sine qua non connection satisfies statutory test
7. › Transport Accident Act 1986 (Vic), s 3(1), s 35(1)
1. Appeal
2. › Appeal from VCAT on question of law
3. › Whether on the facts found only one conclusion was open
4. › Whether application of facts to statutory description involved question of law or mixed question of fact and law
5. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148

Quick Take

The sounding of an alcohol interlock device alarm is not an incident 'directly caused by the driving of a motor vehicle' under s 3(1) of the Transport Accident Act 1986 (Vic) because the alarm operates independently of the vehicle's movement, propulsion, or the driver's control of the vehicle.