Victorian Current Acts Victorian Current Acts(1) For the purposes of this Part a person is liable in respect of any damage if the person who suffered that damage, or anyone representing the estate or dependents of that person, is entitled to recover compensation from the first-mentioned person in respect of that damage whatever the legal basis of liability, whether tort, breach of contract, breach of trust or otherwise.
(2) References in this Part to an action brought by or on behalf of the person who suffered any damage includes references to an action brought for the benefit of the estate or dependants of that person.
(3) In this Part—
"action" includes a proceeding commenced by way of counter-claim;
S. 23A(3) def. of court inserted by No. 26/2023 s. 68(a).
"court" includes VCAT;
"dependants" means those persons for whose benefit an action could be brought under Part III;
S. 23A(3) def. of judgment inserted by No. 26/2023 s. 68(a).
"judgment", in relation to VCAT, includes decision, order and declaration;
judgment first given means, in a case where that judgment is reversed on appeal, the judgment first given which is not so reversed and, in a case where that judgment is varied on appeal, that judgment as so varied;
S. 23A(3) def. of writ amended by No. 26/2023 s. 68(b).
writ includes—
(a) summons;
(ab) application to VCAT;
(b) in relation to a proceeding commenced by way of counter-claim, the notice or other document by which the proceeding is first notified to the defendant; and
(c) in relation to proceedings for contribution under section 23B, the notice or other document by which the proceedings may be originated.
S. 23B inserted by No. 10227 s. 4.