Accident compensation – ‘No current work capacity’ – ‘Current work capacity’ – ‘Suitable employment’ – Accident Compensation Act 1985 (Vic) ss 5, 93C.

Sednaoui v Amac Corrosion Protection Pty Ltd (2017) 52 VR 247

Accident compensation – Serious injury application – Whether injury occurred in compensable circumstances – Payment of statutory benefits by insurer – Whether admission against interest by employer – Nature and significance of admission – Worker’s credibility in issue – Accident Compensation Act 1985 (Vic) s 134AB.

Administration and probate – Partial intestacy – Assets in Victoria and China – Whether intestacy provisions of Victorian law or Chinese law apply – Effect of order of Supreme Court of Victoria granting letters of administration for a will disposing of only part of deceased’s personal estate in Victoria.

Administrative law – Ombudsman – Jurisdiction – Investigatory powers – Investigation of matter referred by Legislative Council – Absent referral, matter not within Ombudsman’s jurisdiction – Whether matter referred by Legislative Council in Ombudsman’s jurisdiction – Ombudsman Act 1973 (Vic) s 16.

Administrative law – Judicial review – Habeas corpus – Jurisdictional error – Validity of Orders in Council – Jurisdictional fact – Power to establish centres for detention of young persons – Children, Youth and Families Act 2005 (Vic), ss 1, 3, 8, 9, 10, 11, 478, 482, 484, 487, 488.

Administrative law – Judicial review – Habeas corpus – Certiorari – Validity of Orders in Council – Improper or extraneous purpose – Failure to take into account relevant considerations – Power to establish centres for detention of young persons – Use of power to establish remand centre and youth justice centre within adult jail for the purpose of ‘emergency accommodation’ – Children, Youth and Families Act 2005 (Vic) ss 478, 482, 484.

Administrative law – Coercive powers order for examination under Major Crime (Investigative Powers) Act 2004 – Non-publication direction made by delegate – Direction later rescinded – Instrument of delegation ‘in respect of’ coercive powers order – Whether delegation extended to revocation of non-publication direction – Interpretation of Legislation Act 1984 (Vic) s 41A – Major Crime (Investigative Powers) Act 2004 (Vic) ss 4, 43, 65(4).

Administrative law – Judicial review – Jurisdictional error – Power to establish centres for detention of young persons – Failure to take into account relevant considerations – Whether power exercised for improper purpose – Children, Youth and Families Act 2005 (Vic) ss 362, 478, 482.1.

Administrative law – Judicial review – Reasons – Adequacy – Statutory obligation – Path of reasoning – Medical panel opinion – Accident Compensation Act 1985 (Vic) s 68.

Appeal – Judicial review – Application for extension of time to commence – Special circumstances – Factors – Strength of merits – Assessment by associate judge – Supreme Court (General Civil Procedure) Rules 2005 (Vic)ch I, r 56.02(3).

Appeal – Leave to appeal – `Real prospect of success’ – Supreme Court Act 1986 (Vic) ss 14A, 14C.

Appeal – Appeal from Victorian Civil and Administrative Tribunal – Application for leave to appeal on a question of law – Summary dismissal power – Whether summary dismissal available at conclusion of applicant’s case – Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 75, 148.

Appeal – Appeal from order of an Associate Judge refusing leave to appeal from Victorian Civil and Administrative Tribunal – Supreme Court Act 1986 (Vic) s 17(3).

Arbitration – Subpoena – Domestic arbitration – Application for subpoena to non-party to attend for examination before an arbitral tribunal – Whether reasonable grounds required for the issue of subpoena – Commercial Arbitration Act 2011 (Vic), ss 27, 27A.

Arbitration – Arbitration award – Award failing to determine all issues – Whether a final award – Whether arbitrator’s mandate terminated – Whether award may be set aside – Commercial Arbitration Act 2011 (Vic) ss 32, 34(2)(a)(iii).

Associations and clubs – Horse racing – Rules of racing – Interpretation of rules – Licensed horse trainer bound by rules by agreement – Prohibitions on performance enhancing substances – Substance prohibited unless present at or below specified concentration – Limit expressed to one decimal place – Accredited laboratory reported substance present at above specified concentration – Reading ‘rounded up’ to nearest single decimal place – Rounding up in accordance with scientific conventions – Readings previously rounded down to take account of possibility of error – Change in scientific opinion as to whether rounding down necessary for that purpose.

Bankruptcy and insolvency – Property of bankrupt – Claims for malicious prosecution and misfeasance in public office – Plaintiff bankrupt when initiating proceedings – Whether claims statutorily assigned to the Official Trustee – Whether claims in relation to ‘personal injury or wrong’ – Bankruptcy Act 1966 (Cth) ss 5, 58, 60(4), 116(1), (2)(c) , (2)(g).

Companies – Winding up – Cross-border insolvency – Registered foreign company – Application for recognition of foreign external administration proceeding – Application seeking court to act in aid of or auxiliary to foreign proceeding – Centre of main interests – Foreign company managed in Australia – No establishment in foreign jurisdiction – UNCITRAL Model Law on Cross-Border Insolvency – Corporations Act 2001 (Cth) ss 471A, 481, 581, 583 – Cross-Border Insolvency Act 2008 (Cth).

Companies – Winding up – Cross-border insolvency – Registered foreign company – Concurrent external administration proceeding in foreign country – Application for recognition of foreign external administration proceeding – Application seeking court to act in aid of or auxiliary to foreign proceeding – Differences between United States ch 11 proceeding and winding up – Whether winding up order precluded – Whether winding up order should be made – Corporations Act 2001 (Cth) ss 471A, 481, 581, 583 – Cross-Border Insolvency Act 2008 (Cth).

Companies – Winding up – Liquidator – Costs and expenses of ‘care, preservation and realisation’ of assets – Equitable lien – Whether lien dependent on realisation of assets or creation of fund.

Companies – Voluntary administration – Administrators seeking directions from the Court in relation to disposing of property of the company and dealing with sale proceeds.

Companies – Winding up – Creditor’s statutory demand – Application to set aside demand – When demand served – Service by post – Address unattended during holidays – Corporations Act 2001 (Cth) ss 109X, 459G – Evidence Act 1995 (Cth) s 195.

Constitutional law – State Parliament – Casual vacancy in Legislative Council – Legislative Assembly declined proposal of Legislative Council for joint sitting to fill vacancy – Application for mandamus to compel Premier to advise Governor to convene joint sitting – Internal proceedings of Parliament – Whether justiciable – Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 47.04.

Constitutional law – Commonwealth Constitution – Inconsistency between Commonwealth and State legislation – Detention provisions in Commonwealth migration legislation – Child protection provisions in State legislation – Whether ‘covering the field inconsistency’ or ‘direct inconsistency’ – Whether ‘operational inconsistency’ – Commonwealth Constitution s 109 – Migration Act 1958 (Cth) ss 4AA, 13, 14, 189, 196, 197AA, 197AB, 197AC, 197AD, 197AE, 197AF, 197AG – Children, Youth and Families Act 2005 (Vic) ss 1, 4, 5, 240, 241, 243, 262, 263, 264, 266, 267, 268, 274, 275, 280, 281, 282, 533.

Contempt – Sub judice rule – Comments by Commonwealth Ministers regarding proceedings pending before Court of Appeal – Whether Ministers and those involved in publication of comments ought to be referred for prosecution for contempt – Role of newspaper – Whether contempts purged by apologies.

Contract – Competing contracts – Conditions as to formation and performance.

Contract – Formation – Offer and acceptance – Whether agreement to give personal guarantee.

Contribution between tortfeasors – Test to be applied – Wrongs Act 1958 (Vic) ss 24AF, 24AH, 24AI.

Corporations – Directors and officers – Company officer indemnified for legal costs and expenses – Whether indemnity arises before verdict or only at conclusion of proceedings – Effect of obligation to refund if officer found guilty – Whether indemnity for costs and expenses of criminal proceedings breaches statutory prohibition – Corporations Act 2001 (Cth) s 199A(3).

Corporations law – Derivative action by shareholder – Application for leave to bring proceeding in Japan on behalf of company – Criteria to be proved – Whether plaintiff acting in good faith – Whether in best interests of company for plaintiff to be granted leave to bring proceeding – Whether proceeding involves serious question to be tried – Corporations Act 2001 (Cth), s 237(1), (2).

Corporations law – Statutory demand – Application to set aside demand – Registry of Supreme Court of Victoria closed on Tuesday after Easter – Easter Tuesday not a public holiday – Application filed on next day – Whether filed one day late – Whether Acts Interpretation Act 1901 (Cth) extended time for making application to set aside a statutory demand – Corporations Act 2001 (Cth) s 259G – Acts Interpretation Act 1901 (Cth) ss 36(2), 36(3).

Corporations law – Winding up – Voluntary winding up – Appointment of special purpose liquidator – Circumstances justifying appointment – Whether special purpose liquidators within definition of ‘auditor’ and precluded from appointment – Corporations Act 2011 (Cth) s 472.

Costs – Jurisdiction – Foreign state immunity – Claim under Fair Work Act 2009 (Cth) – Whether immune foreign State a ‘party’ to Fair Work proceedings – Supreme Court Act 1986 (Vic) ss 3, 24 – Fair Work Act 2009 (Cth) s 570 – Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 11.04(1).

Costs – Discretion – Defendant represented by senior counsel appearing alone – Application for order certifying senior counsel’s appearance fees at above scale rate.

Costs – Third party payer – Information sought from solicitors for purposes of determining whether to apply for costs review – Solicitors providing invoices redacting items subject to claims for client professional privilege – Whether `sufficient information’ provided to enable third party payer to decide whether to apply for costs review – Jurisdiction to grant declaratory relief – Legal Profession Practice Act 2004 (Vic), ss 3.4.2A(1), 3.4.38(7), 3.4.45 – Supreme Court Act 1986 (Vic) s 36.

Criminal law – Sentencing – Crown appeal – Commonwealth and State offences – Child pornography offences – Accessing child pornography – Knowingly possessing child pornography – Manifest inadequacy of sentence – Gravity of child pornography offences – Classification of child pornography material – Whether community correction order manifestly inadequate – Cumulation between federal and State offences – Residual discretion not to interfere – Criminal Code 1995 (Cth) s 474.19(1) – Crimes Act 1958 (Vic) s 70(1).

Criminal law – Sentencing – Terrorism offences – Doing acts in preparation for, or planning, a terrorist act – Re-sentencing following successful Crown appeal – Protection of the community – Whether potential application of continuing detention order regime relevant upon re-sentencing – Criminal Code (Cth) div 105A.

Criminal law – Sentencing – Crown appeal against sentence – Terrorism offences – Doing acts in preparation for, or planning, a terrorist act – Young offender – Gravity of terrorism offences – Relevance of nature and extent of contemplated act – General deterrence – Protection of the community and incapacitation of offender – Mitigating factors of personal nature – Prospects of rehabilitation – Whether less than standard weight to be allowed to mitigating factors than in other forms of offending – Criminal Code (Cth) s 101.6.

Criminal law – Sentencing – Statutory murder – Killing in the course or furtherance of a crime of violence – Whether statutory murder inherently less serious than common law murder – Whether sentencing court entitled or obliged to consider whether act causing death done with intent to cause death or really serious injury – Current sentencing practices for statutory murder – Need for sentencing standards to change to reflect gravity of offence – Whether sentencing judge entitled to depart from agreed facts – Crimes Act 1958 (Vic) s 3A.

Criminal law – Judicial review – Applications before County Court for orders reinstating struck out appeals from sentences of Magistrates’ Court of Victoria – Self-represented litigants – Whether Judge ensured fair trial – Criminal Procedure Act 2009 (Vic), s 267(3).

Criminal law – Sentencing – Obtaining financial advantage by deception – `Course of conduct’ charge involving more than one incident of the offence – Whether orthodox sentencing principles applicable to sentencing on course of conduct charge – Relevance of maximum penalty for the offence – Criminal Procedure Act 2009 (Vic) sch 1 cl 4A – Sentencing Act 1991 (Vic) s 5(2F).

Criminal law – Bail – Whether applicant required to show cause – Contravention of family violence intervention order – No physical force or threats or menaces – ‘Violence’ – Bail Act 1977 (Vic) s 4(4)(ba).

Criminal law – Search warrants – Execution of warrant – Seized items – Seizure during execution of items not named or described in warrant – Power of Magistrates’ Court to order return of items – Common law extension of search and seizure under a search warrant – Whether items were seized ‘under a search warrant’ – Crimes Act 1958 (Vic) s 465 – Magistrates’ Court Act 1989 (Vic) ss 75, 76, 78.

Criminal law – Sentencing – Dangerous driving causing death – Offender’s culpability and degree of responsibility for the offence – Whether offender’s moral culpability was ‘very high’ – Sentencing Act 1991 (Vic) s 5(2)(d).

Criminal law – Practice and procedure – Jury – Empanelment – Peremptory challenge – Infringement of right – Accused entitled to have adequate time to view prospective juror’s face – Waiver of objection to procedure – Juries Act 2000 (Vic) ss 36, 39.

Crown immunity – Tort – Whether Crown personally liable in tort – Whether Crown only vicariously liable for servants, agents or independent contractors of Crown – Crown Proceedings Act 1958 (Vic) ss 23(1)(b), 25.

Discrimination – Services – Accommodation – Refusal – Attribute – Sexual orientation – Camping facility – Proposed use by same sex attracted young persons – Religious opposition to homosexual sexual activity – Corporation – Conduct on behalf of corporation – Liability – Direct – Vicarious – Equal Opportunity Act 1995 (Vic) ss 49(a), 102.

Equity – Confidential information – Customer list – Whether information in public domain – Disaggregation of categories of information.

Equity – Equitable lien – Liquidator – Costs and expenses of care, preservation and realisation of assets – Whether lien dependent on realisation of assets or creation of fund.

Equity – Constructive trust – Volunteer receiving stolen money – Black v S Freedman & Co trust – Knowledge of circumstances indicating the theft to an honest and reasonable person.

Evidence – Admissibility – Vexatious litigant – General litigation restraint order – Application for restraint – Whether judgments and orders in earlier proceedings admissible – Whether a finding as to the nature of a proceeding is a ‘finding of fact’ – Evidence Act 2008 (Vic) s 91(1) – Vexatious Proceedings Act 2014 (Vic) ss 3, 29.

Evidence – Privilege – Self-incrimination – Whether witness may claim privilege in respect of evidence in chief – Whether plaintiff ’objects’ – Evidence Act 2008 (Vic) s 128(1).

Evidence – Public interest immunity – Cross-examination of deponent of affidavit in support of public interest immunity claim – Whether permissible.

Evidence – Public interest immunity – Class claim – Cross-examination of deponent of affidavit in support of public interest immunity claim.

Evidence – Public interest immunity – Foreign relations documents – International organisations – Whether ‘real risk’ or a ‘probability’ of harm to the national interest required.

Evidence – Admissibility – Hearsay – Chinese company search – Whether `public document’ – Whether `business record’ – Admissibility as to truth of contents – Discretion to exclude from evidence – Evidence Act 2008 (Vic)ss 48(1)(f), 69, 136, 156.

Evidence – Privilege – Settlement negotiation privilege – Party in later unprivileged letter repeats communications occurring at without prejudice meeting – Whether that party had thereby waived its privilege – Whether that party had thereby consented to disclosure of communications at meeting – Whether other parties could later consent thereby allowing evidence of the meeting to be given – Discussion of the difference between ‘disclosure’ and ‘adducing evidence’ – Evidence Act 2008 (Vic) s 131.

Gaming – Receipt of stolen or embezzled funds – Strict liability – Territorial scope of application – Whether bets placed in or governed by the laws of Victoria – Gambling Regulation Act 2003 (Vic) s 2.6.3.

Guarantees – Gross misconduct or fraud of the mortgagee – Impairment of security – Absolute discharge of guarantor – Discharge not prevented by terms of guarantee.

Human rights – Charter of Human Rights and Responsibilities – Children – Protection of child in their best interests – Humane treatment when deprived of liberty – Public authorities – Obligation to act compatibly with human rights – Obligation to give proper consideration to human rights – Effect of failure to act compatibly with human rights or give proper consideration to human rights – Declarations – Injunctions – Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 10(b), 17(1), 17(2), 22(1), 38(1), 39(1).

Human rights – Charter of Human Rights and Responsibilities – Children – Protection from cruel, inhuman or degrading treatment – Protection of child in their best interests – Humane treatment when deprived of liberty – Public authorities – Obligation to give proper consideration to human rights – Effect of failure to give proper consideration – Declarations – Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 10(b), 17(1), (2), 22(1), 38(1).

Human rights – Statutory interpretation – Religious freedom – Discrimination – Services – Accommodation – Refusal – Sexual orientation – Whether special rule of interpretation applicable – International human rights jurisprudence – Charter of Human Rights and Responsibilities Act 2006 (Vic), s 32.

Human rights – Charter of Human Rights and Responsibilities – Right to equality – Right to fair hearing – Self-represented litigants – Procedural requirements of right to equality – ‘Equality of arms’ – Charter of Human Rights and Responsibilities.

Human rights – Right to privacy – Unlawful or arbitrary interference – Evidence (Miscellaneous Provisions) Act 1958 (Vic) s 28(2) – Health Records Act 2001 (Vic) ss 3(1), 7, 21(1), sch 1 Health Privacy Principle 2.1, 2.2 – Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 6, 7, 13, 32.

Land tax – Assessment – Owner – Possession – Purchaser in possession – Whether purchaser under a contract of sale of land is in possession of the land for the purposes of assessing land tax – Meaning of ‘possession’ – Land Tax Act 2005 (Vic) s 15.

Landlord and tenant – Prohibition of sub-letting without landlord’s consent – Entire apartment listed on Airbnb – Whether lease or licence – Terms of advertisement – Whether guests had exclusive possession during stay – Whether characterization of apartment as tenant’s principal place of residence relevant – Whether tenant’s ability to make guest who overstays leave the apartment relevant – Residential Tenancies Act 1997 (Vic) s 253(1).

Legal practice – Trust accounts – Manager appointed to legal practice – Shortfall in funds held in legal practice’s trust accounts – Directions – Distribution of remaining funds to clients – Appropriate method of distributing trust funds.

Mortgages – Mortgagee’s duties on sale – Advertising and marketing of sale – Obtaining contemporaneous valuation – Covert sale to a co-surety.

Negligence – Duty of care – Loss – Factual causation – Solicitor – Failure to advise company and directors on effect of statutory demand lapsing – Failure to attend at hearing of winding up application – Whether solicitor’s conduct caused plaintiff’s loss – Multiple causes of loss – Wrongs Act 1958 (Vic) ss 51(1)(a), (2).

Negligence – Duty of care – Psychiatric injury – Whether deceased negligent driver owed duty of care to mother to avoid psychiatric injury to her – Duty to avoid injury to oneself.

Personal property – Securities – Defendants registered their interests on the Personal Property Securities Register – Whether security interests perfected by registration – Whether registrations in time – Personal Property Securities Act 2009 (Cth) s 267.

Practice and procedure – Vexatious litigant – General litigation restraint order – Defendant persistently and without reasonable grounds commenced and conducted ‘vexatious proceedings’ – Whether defendant’s bankruptcy a discretionary factor weighing against the making of a general litigation restraint order – Vexatious Proceedings Act 2014 (Vic) ss 3, 29(2).

Practice and procedure – Proceeds of crime – Examination notice – State court exercising federal jurisdiction – Service – Manner of service – Postal service of examination notice under Proceeds of Crimes Act 2002 (Cth) – Whether Judiciary Act 1903 (Cth) s 79(1) picks up State rules of court – Acts Interpretation Act 1901 (Cth)ss 2(2),28A(1), (2) – Judiciary Act 1903 (Cth) s 79(1) – Proceed of Crimes Act 2002 (Cth) ss 180, 183 – Supreme Court (Criminal Procedure) Rules 2008 (Vic)r 6.04(3).

Practice and procedure – Criminal law – Record of interview – Application by news media for access to audiovisual record of interview – Open justice – Relevant factors – Crimes Act 1958 (Vic) ss 464JA, 464JB.

Practice and procedure – Costs – Wasted costs jurisdiction – Application for costs against lawyers for opposing party – Alleged breach of overarching obligations under Civil Procedure Act 2010 – Delay in application for costs – Adequacy of explanation for delay – Appropriate test for order – Factors relevant to the exercise of discretion under r 63.23 of the Supreme Court (General Civil Procedure) Rules 2005 – Civil Procedure Act 2010 (Vic) ss 7, 8, 9(1)(f), 18, 25, 29(1)(e), 29(1)(f), 30, 63 – Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 63.23.

Practice and procedure – Discovery – Public interest immunity – Contents claim – Whether legitimate forensic purpose demonstrated by plaintiff – Whether basis for secrecy or confidentiality demonstrated – Whether balancing exercise called for – Documents concerning screening of incoming passengers by Australian Border Force – Completed incoming passenger cards, training materials, identification of officers and CCTV footage – Evidence Act 2008 (Vic), ss 130, 131A.

Practice and procedure – Discovery – Public interest immunity – Class claim – Documents characterised as Cabinet documents – Precursor documents – Sufficiency of evidence to support claim for public interest immunity – Whether cross-examination appropriate – Whether public interest immunity applies – Evidence Act 2008 (Vic) ss 130, 131A.

Practice and procedure – Discovery – Public interest immunity – Contents claim – Foreign relations documents – Sample documents – Whether public interest immunity applies – Evidence Act 2008 (Vic) ss 130, 131A – International organisations (Privileges and Immunities) (International Committee of the Red Cross) Regulation 2013 (Cth) reg 6.

Practice and procedure – Evidence – Journalist privilege – Relevant considerations for declaring a journalist compellable to disclose confidential sources – Nature of public interest in disclosure – Nature of public interest in investigative journalism – Whether adverse consequences likely from disclosure – Balancing of interests – Evidence Act 2008 (Vic), ss 126J,126K, 131A.

Practice and procedure – Service of originating process outside Australia without leave – Application by defendant to set aside writ or stay proceeding – Relevant test – Whether plaintiff required to show `strongly arguable case’ – Supreme Court (General Civil Procedure) Rules 2005 (Vic) rr 7.01, 7.05.

Practice and procedure – Self-represented litigants – Duty of Court to provide assistance.

Practice and procedure – Special Referee – Report – Discovery – Electronic or technology-assisted review of documents – Management of large volume of potentially discoverable material.

Practice and procedure – Appeal – Appeal from County Court – Judgment or order – Ruling and observations made by judge in exchange with counsel – County Court Act 1958 (Vic) s 74 – Supreme Court Act 1986 (Vic) s 10(1)(c).

Practice and procedure – Subpoena – Production of documents – Medical records – Privilege – Doctor and patient – Disclosure of patients’ names – Information necessary to prescribe or act for patient – Statutory interpretation.

Practice and procedure – Arbitration – Staying court proceeding – Application for a temporary stay of proceeding pending determination of arbitration involving parallel or substantially overlapping issues – Principles governing grant of temporary stay of proceeding pending outcome of concurrent arbitration – Whether temporary stay should be ordered.

Practice and procedure – Discovery of documents – Production for inspection of discovered documents – Power of Court to limit inspection of discovered documents – Overarching purpose – Resolving real issues in dispute – Utility of inspection – Cost of discovery and inspection – Applicability of related previous judicial discovery ruling in proceeding – Discretion of Court – Civil Procedure Act 2010 (Vic) s 55.

Practice and procedure – Appeal to Judge from order of Associate Judge refusing leave to appeal – Scope and nature of appeal – Whether an appeal can be heard if there is no error.

Prerogative writs – Habeas corpus – Justification for detention – Person on parole arrested and detained on suspicion of involvement in drug trafficking – Person not charged with criminal offence – Adult Parole Board ordered detention and then cancelled parole following arrest – Precondition of state of satisfaction of Board – Whether suspicion of offence sufficient – Corrections Act 1986 (Vic) ss 78C(1)(a), (3).

Private international law – Choice of law – Wills and codicils – Deceased Australian citizen domiciled in China – Testamentary note made in China – Note disposed of part of Victorian personal estate – Whether will – Whether validity of note as a will governed by Victorian law or Chinese law – Whether Victoria appropriate forum – Proof of foreign law – Evidence Act 2008 (Vic) s 174 – Wills Act 1997 (Vic) s 17.

Professions – Discipline – Education – Misconduct – Investigation by school principal of complaint by student against teacher – Whether misconduct by principal in relation to the investigation and communication with parents – Meaning of ’misconduct’ – Education and Training Reform Act 2006 (Vic) s 2.6.1.

Public international law – Foreign state immunity – Immunity from jurisdiction – Third party proceedings against Republic of Nauru – Claim for indemnity under Nauruan statute – ‘Commercial transaction’ – Foreign States Immunities Act 1985 (Cth) ss 9, 11.

Real property – Recovery of land – Application for summary judgment – Whether necessary for the plaintiff to plead and prove that the plaintiff gave notice of default and that the defendant failed to remedy the default – Transfer of Land Act 1958 (Vic), s 78(1).

Real property – Joint tenancy – Severance of joint tenancy – Representation as to future – Whether intention to sever joint tenancy.

Real property – Strata title – Owners corporation – Special resolution adopting rule prohibiting residential lot owners from conducting trade – Validity of rule – Powers of owners corporation to prohibit short-term subletting – Subdivision Act 1988 (Vic) ss 27(2C),29(2) – Subdivision (Body Corporate) Regulations 2001 (Vic) regs 201,202,219, 220 – Owners Corporation Act 2006 (Vic) ss 4, 6, 138, 139, 140(2)(b), sch 1, cll 1, 4, 5, 7, sch 2, cl 5 – Transfer of Land Act 1958 (Vic), ss 4, 40,88(3).

Real property – Indefeasibility of title – Fraud exception – Fraud of agent acting within scope of authority – In personam exception.

Restitution – Money had and received – Indirect receipt – Stolen funds – Change of position defence – Whether defendants acted in good faith – Failure to make enquiries that an honest and reasonable person would make.

Statutes – Interpretation – Ordinary meaning of ‘any matter’ – Legislative intent, purpose and objects – Ombudsman Act 1973 (Vic) s 16.

Statutory interpretation – Extrinsic materials – Explanatory Memorandum – ‘affects operation’ – ‘otherwise than as provided’ – Judiciary Act 1903 (Cth)s 79(1) – Proceeds of Crime Act 2002 (Cth)s 183 – Acts Interpretation Act 1901 (Cth) s 28A(2) – Supreme Court (Criminal Procedure) Rules 2008 (Vic) r 6.04(3).

Testator’s family maintenance – No provision for adult daughter – Moral duty to the applicant conceded – Where quantum in dispute – Administration and Probate Act 1958 (Vic) Part IV – Justice Legislation Amendment (Succession and Surrogacy) Act 2014 (Vic) s 5.

Tort – Psychiatric injury – Significant injury threshold level – Amendment of legislation – Psychiatric injury impairment of 10 per cent or more – Certificate of determination issued prior to amendment – Application of new threshold level to proceedings on foot at the time of amendment – Transitional provision – Whether amendment had retrospective application – Wrongs Act 1958 (Vic) ss 28LB, 28LE, 28LF, 28LZH, 28LZS – Interpretation of Legislation Act 1984 (Vic) s 14(2).

Trade practices – Misleading or deceptive conduct – Whether conduct by solicitor ‘in trade or commerce’ – Australian Consumer Law s 18.

Trade practices – Consumer protection – Misleading or deceptive conduct – Misrepresentations – Contractual documents – Whether misrepresentations incorporated in contractual documents capable of constituting misleading or deceptive conduct – Whether capable of constituting misleading or deceptive conduct towards person not party to contract – Trade Practices Act 1974 (Cth) s 52 – Australian Consumer Law s 18.

Trusts – Trust accounts – Trust documents – Court-appointed trustee of deadlocked trusts – Fixed and discretionary trusts – Discretionary powers effectively removed by court order – Application by beneficiary for production of trust accounts and other trust documents – Whether ‘proprietary approach’ or ‘discretionary approach’ to be applied.

Trusts – Trust accounts – Shortfall in funds – Appropriate method of distributing funds among persons entitled.

Wills and estates – Practice and procedure – Debtor died intestate – No administrator of estate yet appointed – Proceedings against the estate of the deceased by creditor – Mortgagee seeking possession of property of the deceased and payment of debt – Administration and Probate Act 1958 (Vic) s 19 – Supreme Court (General Civil Procedure Rules) 2015 (Vic), rr 6.10, 9.08(1), 9.08(5)(a)(i), 16.03(1)(a), 16.03(1)(b).

Wills and estates – Administration proceeding – Account – Failure to provide timely and adequate financial information to beneficiaries – Costs – Beneficiaries seek costs against the executor in his personal capacity – Executor seeks costs against beneficiaries – Supreme Court Act 1986 (Vic) s 24 – Supreme Court (General Civil Procedure) Rules 2015 (Vic)r 63.07.

Wills and estates – Probate – Small estate – Deemed grant of probate – Later discovery that estate exceeded the maximum monetary value for small estate provisions – Where grant of probate now required to distribute real property of estate – Whether revocation of deemed grant required before application for grant of representation – Administration and Probate Act 1958 (Vic)ss 71, 79.

Words and phrases – ‘good faith’ – ‘best interests of company’ – ‘serious question to be tried’.

Words and phrases – ‘Centre of main interests’ – ‘Establishment’ – ‘Foreign main proceeding’ – ‘Foreign non-main proceeding’ – ‘Foreign proceeding’ – ‘Public policy’.

Words and phrases – ‘unless the contrary intention expressly appears’ – ‘expressly.’.

Words and phrases – ‘Justiciable controversy’ – ‘exclusive cognisance’.

Words and phrases – `holiday’, `and’.

Words and phrases – ‘Liability of the Crown’ – ‘Rights of parties.’.

Words and phrases – ‘No utility’.