Victorian Current Acts Victorian Current ActsS. 62(1) amended by Nos 10191 s. 270(14)(a), 67/1992 s. 64(11)(a).
(1) Where, within the time limited for taking proceedings under this Act, an action is brought to recover damages independently of this Act for injury, and it is determined in such action or on appeal that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Act, the action shall be dismissed; but—
(a) the court in which the action is tried; or
(b) if the determination is the determination (on an appeal by either party) by an appellate tribunal—that tribunal—
shall remit the case to the County Court or Administrative Appeals Tribunal for the assessment of the compensation.
(2) An assessment of the compensation pursuant to subsection (1) shall be for an amount not less than the compensation which would have been payable under this Act if no action had been brought to recover damages independently of this Act for the injury.
(3) Subject to this Act if it is determined in any proceedings under this Act that the injury is one for which the employer is not liable under this Act the determination shall not prevent an action being brought in respect of such injury independently of this Act.
Nos 5601 s. 63, 5676 s. 4(2)(p).
S. 63 substituted by No. 9683 s. 5.