(1) The new common law
provisions —
(a)
extend to a cause of action that accrued before commencement day; but
(b) do
not apply to proceedings for damages that were validly commenced before
commencement day, except as provided by this section.
(2) The former common
law provisions continue to apply to proceedings for damages that were validly
commenced before commencement day, except as provided by this section.
(3) Part 7
Divisions 3 and 4 extend to proceedings for damages that were
validly commenced before commencement day but that had not been finalised (by
judgment, settlement or otherwise) before that day.
(4) Section 421
extends to a cause of action that accrued before commencement day even if the
worker had not elected to retain the right to seek damages as referred to in
section 93E of the former Act.
(5) Section 433
extends to an action for damages that was successful, within the meaning of
that section, before commencement day.
(6) The
Civil Liability Act 2002 section 13A, as in force immediately before
section 626 of this Act comes into operation, continues to apply in
respect of proceedings for damages to which the former common law provisions
continue to apply as provided by this section.
(7) The Motor Vehicle
(Third Party Insurance) Act 1943 section 3C, as in force
immediately before section 680 of this Act comes into operation,
continues to apply in respect of proceedings for damages to which the former
common law provisions continue to apply as provided by this section.