There is a well known cross-referencing error in s. 62 of the RLA. It refers to s. 61(4), when it should refer to s. 61(5A). The error resulted from an amendment to the statute in 2005, but continues to be a source of confusion for many solicitors.
That this is a cross-referencing error and should be read as a reference to 61(5A) was put beyond doubt in AAMR Hospitality Group Pty Ltd v Goodpar Pty Ltd (VCAT, unreported, 13 February 2009, Deputy President Macnamara) at [55] to [57].
The decision has not been posted on AustLii. If you would like a copy of the decision, please feel free to contact me at samuel.hopper@vicbar.com.au for a scanned copy.
ED – for further developments on this topic, go to this post.
Sam Hopper Barrister 
June 21, 2011 at 5:11 pm
It seems that parliament has finally decided to fix this error – a huge day for nerdy lawyers indeed!
June 21, 2011 at 9:11 pm
Thanks Vanessa. I’ve put up a new post about this.