Belgrave Heights v Moore

Res Ipsa Loquitur

In this episode we consider the case of Belgrave Heights v Moore [2020] VSCA 240, a case in which the Victorian Court of Appeal considered whether, when there is injury suffered in the course of employment to a worker while driving a motor vehicle in the State of Victoria, the application for a "Serious Injury" certificate giving permission to commence damages proceedings is governed by the 'gateway' requirements of section 93 of the Transport Accident Act 1986 (Vic) or the applicable Workcover legislation, here s134AB of the Accident Compensation Act 1985 (Vic).

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