Administrative law - Exercise of discretion by public authority - Declaratory relief sought against public authority by private individual - Application to council for permission to desludge septic tank - Permission refused on ground of non-compliance with policy of council - Policy founded on considerations irrelevant to purpose for which discretion given to council - Septic Tank Regulations 1932.

Administrative law - Small Claims Tribunal - Certiorari - Declaration and injunction - Hearing of small claim - Order that "trader" refund purchase price of defective appliance to "consumer" - In determining claims principles of general law to be applied - Natural justice - Whether bias or failure to give a hearing - Tribunal not adverting to proper legal basis for allowing claim - Failure to make order conditional on return of goods - Whether want of jurisdiction rendering decision a nullity - Small Claims Tribunal Act 1973 (No.8486) s17, s18(2).

Administrative law - Small Claims Tribunal - "Small claim" for damage to motor car whilst parked in respondent's car park - Claimant issued with ticket containing terms and conditions of parking - Whether claim within jurisdiction of tribunal - In determining a claim whole law of contract to be applied including terms and conditions of a contract - Meaning of "a contract for the provisions of services" - Whether comprises contract of bailment in the form of hire of custody - Claim for damages in tort - Arising out of contract for the Provision of services - Small Claims Tribunal Act 1973 (No. 8486), s2(1), s14, s17.

Administrative law - Ombudsman - Jurisdiction - Power "to investigate any administrative action in any Government Department" - "Administrative act" includes "any action relating to a matter of administration" - Complaint by prisoner in a gaol of assault on the prisoner by prison officer in presence of senior officials - Whether Ombudsman has jurisdiction to investigate complaint - Ombudsman Act 1973 (No. 8414) s2, s13, s14, s23, s27.

Administrative law - Small Claims Tribunal - Certiorari - Whether a denial of natural justice - Trader given notice of claim and attending at hearing to answer that claim - Tribunal hearing extending beyond the claim of which trader had notice - Claim amended at hearing without notice to trader - Party not notified of all issues and no opportunity to prepare case - Tribunal's order quashed - Small Claims Tribunals Act 1973 (No. 8486), s2, s9, s17, s22, s23, s28, s30, s31, s34.

Administrative law - Ombudsman - Jurisdiction to conduct investigation - Matter investigated must relate to administrative action not policy - Ombudsman Act 1973 (No.8414), s2, s13(1), s14(1), s14(3), s14(4), s14(5).

Practice and procedure - Unacceptable alteration to special case - Use to be made of such alteration - Rules of the Supreme Court O.78 r5.

Administrative law - Ombudsman - Jurisdiction - Investigation of administrative action - Hearing and determination by governor of prison of charges against prisoner - Whether administrative action - Whether action by a court of law - Social Welfare Act 1970 (No. 8089), s131 - Ombudsman Act 1973 (No. 8414), s2, s13, s27.

Administrative law - Ombudsman - Jurisdiction - Investigation of administrative action - Public Solicitor - Representation of persons accused of crimes - Whether actions incidental to such representation are administrative actions - Such actions related to discharge of judicial function of government - Ombudsman Act 1973 (No. 8414), s2, s13, s27.

Administrative law - Small Claims Tribunal - Certiorari - Jurisdiction with regard to a "small claim"- Claim by ultimate purchaser from retailer of goods against manufacturer of goods to enforce manufacturer's warranty - Whether collateral contract between manufacturer and ultimate purchaser - Claim must arise out of contract for the supply of goods or provision of services between a "consumer" and a "trader" - Whether relation between manufacturer and ultimate purchaser that of "consumer" and "trader" - Whether purchaser's claim a "small claim" - Small Claims Tribunal Act 1973 (No 8486) s2(1).

Administrative law - Small Claims Tribunal - "Small claim" - Claim by ultimate purchaser seeking enforcement of a manufacturer's warranty - Whether contract constituted by warranty a contract for "the provision of services" - Whether the manufacturer a "trader" and ultimate purchaser a "consumer" - Small Claims Tribunals Act 1973 (No. 8486), s2(1).

Administrative law - Solicitor - Secretary of Law Institute sending notice of intention to cancel practising certificate - Whether a "decision" - Administrative Law Act 1978 (No. 9234), s3.

Legal Practitioners - Solicitor - Secretary of Law Institute sending notice of intention to cancel practising certificate - Whether a "decision" - Administrative Law Act 1978 (No. 9234), s3.

Administrative Law - Drainage Tribunal - Decision of the Tribunal on a basis not raised by the parties - Whether denial of natural justice - Duty to act fairly - Statutory remedies and means of review - Administrative Law Act 1978 (No. 9234) - Drainage of Land Act 1975 (No. 8811).

Prerogative writs - Prisoner serving sentences of imprisonment - Assessment of security rating and classification by prison Classification Committee - Whether legal right or legal status or legitimate expectation accrued from assessment and classification - Reclassification of prisoner by Classification Committee - Discharging administrative function for prison management - Rules of natural justice not applied by Classification Committee - No duty to observe natural justice - Gaols Act 1958 (No 6259), s49 - Community Welfare Services Act 1970 (No. 8089), s2(1), s2(2)(b), s125 - Social Welfare Regulations 1962, Div. III, as amended by SR No. 97 of 1974, reg107, reg108, reg109, reg110, reg111, reg112, reg218(a).

Administrative law - Prisons and prisoners - Classification of prisoner by Classification Committee - Status of prisoner - Whether legal right or legal status or legitimate expectation accrued from classification - Reclassification of prisoner by Committee - Administrative function - No duty to observe natural justice - Gaols Act 1958 (No. 6259), s49 - Community Welfare Services Act (No. 8089), s2(1), s2(2)(b), s125 - Social Welfare Regulations 1962, Div. III, as amended by SR No. 97 of 1974, reg107, reg108, reg109, reg110, reg111, reg112, reg218(a).

Administrative law - "Small claim" - Contract of sale of land with condition for rendering of services - Claim for faulty work - Collateral agreement continuing to have effect after conveyance - Tribunal's jurisdiction - "Claim that has arisen not more than two years previously" - Construction - Cause of action must arise within the period - Whether relief should be refused - Costs - Small Claims Tribunals Act 1973 (No. 8486), s2(1).

Administrative law - Small Claims Tribunal - Prohibition - Whether claim under insurance policy is a "small claim" - Whether a contract of insurance is a contract for the provision of services - Whether a claim under an insurance policy arises out of a contract for the provision of services - Whether writ of prohibition should lie against the Tribunal - Whether the Tribunal had jurisdiction to hear a claim arising from an insurance policy - Whether an adjournment should be permitted to enable application for order nisi for prohibition if Tribunal finds that it has jurisdiction - Constitution of Tribunal and role of Registrar - Small Claims Tribunal Act 1973 (No. 8486), s2(1), s17 and s23.

Administrative Law - Teachers Tribunal - Regulations concerning teachers' salaries - Tribunal procedure - Approved teachers' associations - Parliamentary disallowance of Tribunal determination - Ministerial request for Tribunal to stay operation of determination - Review of Tribunal decision to make regulation - Purpose of regulation - Power to make regulations operating retrospectively - Tribunal powers similar to industrial arbitration powers - Power of Tribunal to make, rescind and to change operation of a regulation - Power of parliament to disallow a regulation - Natural justice - Whether fair opportunity of making representations afforded - Rules of natural justice apply to proceedings of Tribunal - Tribunal decision affecting rights - Arbitral role of Tribunal - "Person affected" - Discretion to quash regulation in the interests of justice - Administrative Law Act 1978 (No. 9234), s2, s3 - Acts Interpretation Act 1958 (No. 6189), s4(2), s7(2), s7(4)(a), s30(3) - Labour and Industry Act 1958 (No. 6283), s34(2), s45(2), s45B - Teaching Service Act 1958 (No. 6391), s3, s4, s4(2), s5, s5A, s15(5), s17, s18, s23, s28, s35, s43, s44, s45, s46(4), s48(6), s55C, s58(1)(i), s58(2), s58(3), s58(4) and Teaching Service (Teachers Tribunal) Regulations.

Administrative law - Greyhound Racing Control Board - Board improperly constituted - Legal representation - Denial of natural justice - Board as prosecutor - Denial of fair hearing - Bias - Damages - Racing Act 1958 (No 6393) PtIII - Rules of Greyhound Racing Control Board (Revised 1973), r142.

Administrative law - Health Commission - Refusal by Health Commission to approve private hospital - Review of refusal by County Court judge - Nature and scope of Review - Whether review a rehearing de novo - Health Act 1958 (No. 6270), s182 and s387.

Administrative law - Natural justice - "Legitimate expectation" - Whether expiry of time limit for instituting prosecution without ministerial consent amounts to acquisition of legitimate expectation of not being prosecuted - Meaning of "decision" and "tribunal" - Administrative Law Act 1978 (No. 9234), s2 and s3 - Companies Act 1961 (No. 6839), s381(2).

Companies - Offences - Natural justice - Expiry of time limit for instituting prosecution without ministerial consent - Whether Minister to notify proposed defendant prior to consenting to bring action after expiry of time limit - Companies Act 1961 (No. 6839), s381(2).

Administrative law - Locus standi - individuals including mayor, some councillors and ratepayers seeking to restrain municipality from allegedly ultra vires sale of land - Suit not maintainable unless Attorney-General joins.

Administrative law - Prerogative writs - Professional disciplinary tribunals - Pharmacy Board - Disciplinary charges - Adequacy of notice of charges - Particulars of charges - Whether prohibition lies against Board - Pharmacists Act 1974 (No. 8593), s18.

Administrative law - Public servant - Disciplinary charges - Suspension - Validity of charges - Prerequisites for valid charges - Public Service Act 1974 (No. 8656), s60.

Administrative law - Prerogative writs - Permanent head of Government department - Duty to act judicially when hearing charges preferred by him - Public Service Act 1974 (No. 8656), s63.

Liquor licensing - Application for a transfer of retail bottled liquor licence - Determination by single member of Liquor Control Commission - Appeal to Full Commission - Whether appeal to be conducted as a hearing de novo - Right to be heard on appeal - Right to seek issue of summons to produce Appeal - Liquor Control Act 1968 (No. 7695), s10, s11, s13.

Administrative law - Prerogative writ - Mandamus - Discretion to refuse to issue.

Administrative Law - Locus standi - "Person who feels aggrieved" - Objector to grant or amendment of licence - Environment Protection Act 1970 (No. 8056), s20, s20A, s32(5).

Administrative law - Statutory order for review - Persons and bodies amenable - Duty to give reasons - "Tribunal" - Commissioner of Pay-roll Tax - Whether Commissioner bound to accord natural justice before making an assessment - Administrative Law Act 1978 (No 9234), s2, s8 - Pay-roll Tax Act (No. 8154), s18.

Administrative law - Natural justice - Duty to accord - Displacement of statutory scheme - Pay-roll Tax Act 1971 (No 8154), s18, s32, s33.

Administrative law - Revocation of licence - Curtailment of term of licence - Natural justice - Opportunity to be heard - Commissioner of Business Franchises - Business Franchise (Tobacco) Act 1974 (No 8597), s9(4).

Administrative law - "Tribunal" - Commissioner of Business Franchises - Administrative Law Act 1978 (No 9234), s2.

Administrative law - Statutory order for review - Persons and bodies amenable Workers Compensation Board - Whether "court of law" - Whether interim award is a "decision" - Administrative Law Act 1978 (No 9234), s2, s3.

Workers compensation - Weekly payments - Cessation by employer - "Actual return to work" - Voluntary activities - Worker's right to restoration of weekly payments - Workers Compensation Act 1958 (No 6419), s9, CL7(1)(a).

Administrative law - Statutory tribunal - Estate Agents Board - Application for grant of an estate agent's licence - Eligibility to apply for a licence - "Hearing" - Whether eligibility should be determined at, or prior to, hearing of application for grant of a licence - Consideration by the Board - Matters proper to be taken into account - "Qualifications" - Estate Agents Act 1980 (No. 9428), s14, s21.

Administrative law - Natural justice - Police constable on probation - Nature of appointment - Termination - Power of Chief Commissioner to terminate appointment - Matters to be taken into account - Right of constable to be heard and to cross-examine informant - Police Regulation Act 1958 (No. 6338), s8 - Police Regulations 1979, reg212.

Administrative Law - Commissioner of Business Franchises - Natural justice - Licence - Revocation of determination as to the term of licence - Right to be heard before revocation - Whether right to hearing negated by legislation - Business Franchise (Tobacco) Act 1974 (No. 8597), s9(2) and s9(4).

Administrative law - Private arbitration - Whether award of arbitrator is a "decision of a tribunal" to which the Administrative Law Act 1978 applies - Whether reasons given pursuant to a request purportedly made under the Act form part of the award - Whether the Act enlarges the remedies available to persons affected by a "decision of a tribunal" - Administrative Law Act 1978 (No. 9234), s2, s3, s7, s8, s10.

Practice and procedure - Leave to appeal to Full Court from interlocutory orders - Principles to be applied - Supreme Court Act 1958 (No. 6387), s40(1)(b).

Administrative law - Application to review exercise of discretion by trustees of superannuation fund - Whether trustees' decision a "decision" within the Administrative Law Act - Whether the trustees a "tribunal" within the Administrative Law Act - Administrative Law Act 1978 (No. 9234), s3.

Administrative law - Harness racing - Decision of Harness Racing Board - Whether a "decision" reviewable under Administrative Law Act 1978 - Racing Act 1958 (No. 6353), s45, s49 - Administrative Law Act 1978 (No. 9234), s3.

Administrative law - Statutory disciplinary tribunals - Charge of improper or offensive behaviour - Particulars of charge - Whether behaviour in question amounted to improper or offensive behaviour - Meaning of "improper or offensive behaviour" - Administrative Law Act 1978 (No. 9234), s7.

Administrative law - Prerogative writs - Criminal trial - Whether writs available to review trial judge's ruling against reception of evidence.

Building society - Winding up of society by issue of certificate of Registrar - Duty of Registrar to hold inquiry before issuing certificate - Whether any person has right to appear and be heard at inquiry - Whether notice of inquiry required to be given to any person - Building Societies Act 1976 (No. 8966), s76, s105, s111.

Administrative law - Building society - Winding up of society by issue of certificate of Registrar - Duty of Registrar to hold inquiry before issuing certificate - Whether any person has right to appear and be hear at inquiry - Whether notice of inquiry is required to be given to any person - Building Societies Act 1976 (No. 8966), s76, s105, s111.

Licensing - Passenger ferry licences - Determination of licensing authorities - "Authority" - "Appropriate authority" - Powers of licensing authorities - Delegation of powers - Transport Act 1983 (No. 9921), s2, s32, s86, s199, s201, s204.

Administrative law - Delegation - Dictation.

Administrative law - Locus standi - "Person affected" - Administrative Law Act 1978 (No. 9234), s2, s3.

Administrative law - Remedies - Discretion - Grounds for exercise.

Administrative law - Judicial review - Decision of Committee of Victoria Racing Club - Whether "decision" to which the Administrative Law Act 1978 applies - Administrative Law Act 1978 (No. 9234), s2, s3.

Administration and probate - Probate duty - Hardship Relief Board - Application for relief from duty - Power of Board to entertain application made after duty has been paid - Probate Duty Act 1962 (No. 6890), s38B.

Administrative law - Statutory tribunal - Hardship Relief Board - Natural justice - Form of "hearing" to which applicant is entitled before decision is made.

Administrative law - Statutory tribunal - Hardship Relief Board - Bias - Prejudgment - Expression of opinion by a tribunal member in advance of hearing.

Administrative law - Statutory tribunal - Equal Opportunity Board - Procedure - Natural justice - Duty to conciliate - Duty to inform respondent of allegations prior to hearing - Legal representation - Equal Opportunity Act 1977 (No. 9025), s35, s36.

Administrative law - Discrimination - Equal Opportunity Board - What constitutes "less favourable" treatment - Physical intrusions - What constitutes a benefit connected with employment - Right to quiet employment - Equal Opportunity Act 1977 (No. 9025), s16-s18.

Administrative law - Freedom of information - Right of access to documents - Requirement of request in writing - Conscious voluntary act of person requesting - Request by person lacking mental capacity - Freedom of Information Act 1982 (No. 9859), s13, s17.

Administrative law - Jurisdiction of Supreme Court - Documents seized pursuant to warrant issued under Commonwealth Act - Action for trespass and for declaration that warrants invalid - Whether Supreme Court has jurisdiction to grant relief - Administrative Decisions (Judicial Review) Act 1977 (No. 59) (Cth.), s9.

Town and country planning - Interim Development Order - Responsible authority - Planning permit - Notice of proposed works to other persons - Relevant considerations - Effect of regard to irrelevant considerations - Unreasonable exercise of discretionary power - Town and Country Planning Act 1961 (No. 6849), s18B. .

Town and country planning - Metropolitan Planning Scheme Ordinance - Responsible authority - Planning permit - Row houses - When permission required for building works - Building works involving increase to floor space - Metropolitan Planning Scheme Ordinance, CL7(1)(d)(iii). .

Administrative law - Locus standi - Declarations - Injunctions - Private rights _ Peculiar damage arising from interference with public rights - Whether s18B(1) of the Town and Country Planning Act 1961 creates private rights - Interests of neighbours in enforcing planning laws. .

Administrative law - Remedies - Declarations - Injunctions - Discretion - Considerations relevant to exercise. .

Costs - Appeal - Whether appeal as to costs may be entertained without leave of trial judge where appeal on merits fails - Supreme Court Act 1958 (No. 6387), s39 - Rules of the Supreme Court, O.65, r1. .

Costs - Discretion to award - Considerations relevant to exercise - Bullock orders Sanderson orders.

Administrative law - Freedom of information - Exempt documents - Certificate of Secretary of Department of Premier and Cabinet that document is exempt - Effect of certificate - Power of County Court on appeal from refusal to grant access to certified document - Power to determine whether document properly classified as exempt in certificate - Freedom of Information Act 1982 (No. 9859), s28(4), s50(5).

Administrative law - Freedom of information - Exempt documents - Information communicated in confidence to agency - Document disclosing opinion or advice for deliberative purposes of agency - Whether disclosure contrary to public interest - Whether disclosure likely to impair ability to obtain similar information in future - Freedom of Information Act 1982 (No. 9859), s30(1), s35(1).

Industrial law - Conciliation and Arbitration Boards - Industrial Relations Commission - Awards - Industrial matter - Appeals from Conciliation and Arbitration Boards - References to Commission in full session - Whether Commission has power to make awards with retrospective effect - Industrial Relations Act 1979 (No. 9365), s16, s38(2), s44.

Administrative law - Certiorari - Jurisdictional facts - Excess of jurisdiction - Powers of reviewing court - Burden of proof - Power to quash part of decision under review - Severance.

Administrative law - Assessment under Business Franchise Acts - Validity - Whether validity of assessment examinable by court - Whether Acts disclose intention to exclude court's jurisdiction to investigate validity of assessment - Statutory interpretation - Business Franchise (Tobacco) Act 1974 (No. 8597), s16, s16A, s17 to s18C, s19A - Business Franchise (Petroleum Products) Act 1979 (No. 9272).

Administrative law - Road Traffic Authority - Power to cancel licence of driver disqualified from driving by reason of judgment made pursuant to law of another State - Whether Authority a "tribunal" for purposes of Administrative Law Act 1978 - Motor Car Act 1958 (No. 6235), s25(1)(e) - Administrative Law Act 1978 (No. 9234), s2, s3.

Administrative law - Small Claims Tribunal - Jurisdiction - Jurisdiction confined to claim against a "trader" - Conduct of business in "trade or commerce" - Claim against chiropractor - Whether chiropractor provides services in "trade or commerce" - Small Claims Tribunal Act 1973 (No. 8486), s2.

Town and country planning - Planning Appeals Board - Procedure - Duty to accord natural justice - Party requesting to cross-examine author of letter submitted by another party - Whether refusal by Board constitutes denial of natural justice - Relevant considerations.

Administrative law - Statutory tribunal - Planning Appeals Board - Duty to accord natural justice - Party requesting to cross-examine author of letter submitted by another party - Whether refusal by Board constitutes denial of natural justice - Relevant considerations.

Nuisance - Adjoining premises - Rule in Rylands v Fletcher - Broken pipe - Escaping water - No knowledge of nuisance - Failure to repair - Scope of duty of care - Damage to adjoining premises - Drainage of Land Act 1975 (No. 8811), s4.

Administrative Law - Tribunals - Planning Appeals Board - Jurisdiction under Drainage of Land Act 1975 (No. 8811), s4.

Local government - Building control - Duty imposed by regulation - Extent of duty - Whether private right of action created - Uniform Building Regulations, reg301, reg1703.

Town and country planning - Planning Appeals Board - "Preliminary determinations" on matters of law - Board constituted by member not holding legal qualifications - Reference of question of law to Chief Chairman - Chief Chairman's opinion on matter of law - Form of references and opinions - Right of parties to be heard by Chief Chairman before opinion given - Whether "preliminary determination" a determination of appeal - Planning Appeals Board Act 1980 (No. 9512), s3, s20, s66.

Town and country planning - Scheme requiring plan to be in existence before permit issued - Whether provision consistent with Town and Country Planning Act 1961 - Town and Country Planning Act 1961 (No. 6849), s9, Sch. 3.

Administrative Law - Judicial review - Whether "preliminary determination" of Planning Appeals Board is "decision" to which Administrative Law Act 1978 applies - Administrative Law Act 1978 (No. 9234), s2, s3.

La Trobe University - Petition seeking visitation and declaration by Visitor - Alleged plagiarism by professor - Whether plagiarism can constitute "gross misconduct" if resulting from carelessness or negligence - No moral culpability or intention to deceive - Form of charge - Whether necessary to state very element of charge in notice to professor - Statutes of La Trobe University, Statute 5.1.3 - La Trobe University Regulations, reg5.1(1).

Administrative Law - Natural justice - Disciplinary charge against professor - Form of charge - Whether necessary to state every element of charge in notice to professor - Statutes of La Trobe University, Statute 5.1.3 - La Trobe University Regulations, reg5.1(1).

University of Melbourne - Petition seeking visitation and declaration by Visitor - Resolution of University Council that Statute be repealed - Whether adequate notice of proposal given to members of Council - Contents of notice - Statutes of the University of Melbourne, Statutes 2.1.4, 2.31. .

Administrative law - Natural justice - University Council - Resolution of Council that union board be abolished - Whether members of board given adequate hearing before abolition effected - Address by representative of board to Council - Circulation by board members of written submission before decision.

Statute - Interpretation - Whether "or" should be read "and" - Freedom of Information Act 1982 (No. 9859), s34.

Administrative law - Freedom of information - Exempt documents - Documents disclosing information relating to trade secrets or matters of business, commercial or financial nature - Whether phrase "other matters of a business, commercial or financial nature" should be read restrictively - Documents relating to Portland aluminium smelter - Whether exemption extends to documents created before proclamation of enabling Act relating to other sites or to construction of different smelter - "Smelters" - "Smelter site" - Freedom of Information Act 1982 (No. 9859), s34 - Alcoa (Portland Aluminium Smelter) (Amendment) Act 1984 (No. 10115), s14.

Administrative law - Freedom of information - Right of access to documents - Exemptions - Document prepared by consultants under contract with Department - Whether "prepared by a Minister" - Freedom of Information Act 1982 (No. 9859), s28(1)(b).

Statute - Interpretation - "Commissioned to sell" - "Sell" - Whether authority should be conferred by contract - Estate Agents Act 1980 (No. 9428), s50, s55(3).

Administrative law - Estate agent - Appeal on question of law - Penalty imposed by Tribunal - Whether penalty manifestly excessive - Whether question of law raised - Administrative Appeals Tribunal Act 1984 (No. 10155), s52(1).

Administrative law - Racial discrimination - Evidence required to prove discrimination - When inferences of discrimination can be drawn - Equal Opportunity Act 1984 (No. 10095), s17, s21, s45 and s46.

Administrative law - Police - Police Complaints Authority - Authority informed that persons wished to complain about police conduct - Response by Authority - Public invitation to provide information about conduct of police - Whether invitation within power - Police Regulation Act 1958 (No. 6338). s86L, s86N.

Administrative law - Small Claims Tribunal - Jurisdiction - Claim in excess of jurisdictional limit - Reduction of claim - Proper course to be followed by referee - Natural justice - Determination to conduct "view" of premises - Duty of referee to explain purpose of view and consequences of failure to co-operate - Duty of referee to afford party opportunity of addressing Tribunal before making final order - Small Claims Tribunal Act 1973 (No. 8486), s32(2).

Practice and procedure - Administrative law - Order to review - Addressed to one only of two relevant parties - Whether curable under slip rule - Objection to validity of order - Proper time for taking objection - Whether objection can be taken on return of order - Administrative Law Act 1978 (No. 9234), s3.

Administrative law - Locus standi - Sales tax - Tax payable by vendor in last wholesale sale - Lessee of goods under potential obligation to pay amount equivalent to sales tax - Standing of lessee to seek declaration that goods exempt from sales tax.

Administrative law - Appeal - Appeal on question of law - Decision of Administrative AppeAls Tribunal - Scope of appeal - Administrative Appeals Tribunal Act 1984 (No 10155), S52(1). Accident compensation - Motor vehicles - Compensation for injury - Whether injury caused by or arose out of use of motor vehicle - Motor Accidents Act 1973 (No 8429), s13(2).

Administrative law - Equal opportunity - Allegation that supervisor discriminated against fellow employee - Whether employer liable for that discrimination - Equal Opportunity Act 1984 (No 10095), s34(1).

Administrative law - Taxi-cab licences - Power of Road Traffic Authority to attach conditions to licences - Whether authority has power to vary contractual arrangements between lessor-owners and lessee-drivers during currency of licence by varying attached conditions - Transport Act 1983 (No 9921), s144, s146.

Local government - Resubdivision of municipal districts - Reduction in number of councillors - Orders by Governor in Council acting on recommendation of minister - Notice of proposal - Whether mandatory or directory - Reasonableness of content and timing of notice - Effect of failure to give reasonable notice - Local Government Act 1958 (No 6299), s24F.

Administrative law - Privative clauses - Order having like force and effect as if enacted in Act - Order not to be deemed invalid on account of non-compliance with preliminary matters - Whether clauses apt to validate order based on recommendation which is null and void - Local Government Act 1958 (No 6299), s28.

Administrative law - Freedom of information - Exempt documents - Disclosure reasonably likely to endanger life or physical safety - "Reasonably likely" Freedom of Information Act 1982 (No 9859), s31(1)(e).

Coroners - Inquest - Powers of investigation, comment and recommendation - Extent of powers - Matters "connected with" death - Coroner's Act 1985 (No 10257), s17(1), s19(2), s21(2).

Administrative law - Remedies - Declaration - Prohibition - Whether State Coroner amenable.

Administrative law - Freedom of information - Access to documents - Exemption - Cabinet documents - Enactment precluding disclosure of "Cabinet information" - Whether enactment applying to information of particular kind - Freedom of Information Act 1982 (No 9859), s28(1), s38 - Public Service (Unauthorised Disclosure) Regulations 1987, reg3.

Statute - Regulations - Validity - Severability - Public Service Act 1974 (No 8656), s73 - Interpretation of Legislation Act 1982 (No 10096), s22(1) - Public Service (Unauthorised Disclosure) Regulations 1987, reg3.

Criminal law - Compensation - Entitlement to - "Victim" - Policewoman injured whilst trying to find and arrest offender whom she had not seen - Criminal Injuries Compensation Act 1983 (No 9992), s3.

Administrative law - Administrative Appeals Tribunal - Appeals to Supreme Court - Question of law - Whether decision open to tribunal - Administrative Appeals Tribunal Act 1984 (No 10155), s52.

Administrative law - Pharmacy Board - Jurisdiction - Conduct discreditable to pharmacist - Alleged breaches of statute and regulations - Whether board may inquire when possibility of criminal proceedings - Pharmacists Act 1974 (No 8593), s18.

Administrative law - Natural justice - Decision by municipal council to refuse to make application for order under s8(2) of the Shop Trading Act 1987 - Whether council bound to accord natural justice to party requesting that application be made - "Tribunal" - Administrative Law Act 1978 (No 9234), s2, s3.

Administrative law - Equal opportunity - Equal Opportunity Board - Power to make interim orders - Complaints not before board - Failure of board to advert to relevant considerations when giving reasons - Whether exercise of discretion miscarried - Equal Opportunity Act 1984 (No 10095), s45A.

Administrative law - Administrative Appeals Tribunal - Natural justice - Bias - Private communication by counsel for one party to presiding member of tribunal without knowledge of other parties - Principles of procedural fairness applicable to statutory tribunals.

Administrative law - Equal opportunity - Employment - Discrimination on ground of lawful political belief or activity - Complaint - Jurisdiction of Equal Opportunity Board to entertain - Documents to which board may have resort to determine whether jurisdiction exists - "Political" - Equal Opportunity Act 1984 (No. 10095), s4, s21, s44, s46.

Administrative law - Order for review - Application to set aside - Whether statutory provisions mandatory - Whether orders for review a nullity for breach - Administrative Law Act 1978 (No. 9234), s3, s4 and s5.

Administrative law - Harness racing stewards - Suspension of trainer's licence - Reasons for suspension - Whether stewards required to provide reasons for decision - "Tribunal" - "Decision" - Administrative Law Act 1978 (No 9234), s2, s8 - Racing Act 1958 (No 6353), s83NA.

Administrative law - Statutory tribunal - Guardianship and Administration Board - Natural justice - Investigator's report provided to board - Report prejudicial to interests of party - Duty of board to make meaningful disclosure of report - Refusal to contact potential witness when requested to do so by party - Whether denial of natural justice.

Administrative law - Statutory tribunal - Guardianship and Administration Board - Evidence - Exemption - Board not bound by rules or practice as to evidence but may inform itself in such manner as it thinks fit - Whether exemption qualified by rules of natural justice - Guardianship and Administration Board Act 1986 (No 58), s10(3).

Administrative law - Equal opportunity - Discrimination - Decision to impose a condition or requirement - Decision not implemented - Whether decision can constitute "discrimination" - Equal Opportunity Act 1984 (No. 10095), s17.

Administrative law - Freedom of information - Request for access to documents - Exemptions from disclosure - Internal working documents - Documents which would be exempt from disclosure in legal proceedings on ground of legal professional privilege - Documents which would unreasonably disclose "personal affairs" - Power of Administrative Appeals Tribunal to order disclosure of exempt documents - "Public interest" - Freedom of Information Act 1982 (No. 9859), s30(1), s32, s33(1), s50(4).

Administrative law - Judicial review - Decision of coroner to suppress publication of evidence - Whether decision operating in law to determine question affecting rights - Administrative Law Act 1978 (No. 9234), s2, s3 - Coroners Act 1985 No. 10257), s58.

Administrative law - Commercial passenger licence - Cancellation - Whether licence relates to operation of vehicle as public commercial passenger vehicle under contract - Transport Act 1983 (No. 9921), s147, s148. Administrative law - Natural justice - Circumstances in which compliance with requirements of natural justice necessary - Tenders for contracts to operate bus service - Whether statutory authority obliged to accord natural justice to tenderer when determining whether to accept or reject competitive tenders - Tenderer operating service subject of tender. Contract-Termination-Notice-When notice of termination to be given. Equity - Promissory estoppel - When estoppel may be set up - Renewal of contract between statutory authority and bus proprietor to operate bus service - Purported termination of contract by authority in breach of expectations created by authority - Relief.

Administrative law - Nahual justice - Revocation of place for holding a Magistrates' Count - Whether legitimate expectation that appointment would not be revoked - Locus standi of local residents - Whether discretion to revoke fettered or unfettered - Whether decision reviewable - Magistrates' Courts Act 1971 (No. 8184), s5(1).

Administrative law - Equal opportunity - Employment - Discrimination on ground of lawful political belief or activity - Complaint - Jurisdiction of Equal Opportunity Board to entertain - "Political" - Equal Opportunity Act 1984 (No 10095), ss4,21,44.

Administrative law - "Tribunal" - Administrators of superannuation fund established by statutory authority - Whether administrators a "tribunal" - Whether decisions of administrators reviewable - Administrative Law Act 1978 (No. 9234), s2.

Administrative law - Equal opportunity - Discrimination - Physical impairment - Sporting activity - Licence to compete in motor racing - Burden of proof - Standard of proof - Relevant considerations - Damages - Equal Opportunity Act 1984 (No. 10095), s17, s33(1), s33(3), s39(a), s39(da) and s46(2).

Administrative law - Judicial review - Decision of Registrar of Firearms - Discretion to grant or withhold licence - Scope - Irrelevant considerations - Improper delegation - Firearms Act 1958 (No. 6251), s22(2), s50.

Administrative law - Permit authorising commercial goods vehicle to operate in manner not permitted by its licence - Application to Roads Corporation for permit - Refusal - Whether irrelevant considerations taken into account - Determination of policy by minister - Whether failure to have regard to relevant considerations - Hardship occasioned to applicant by refusal - Period during which applicant had conducted business - Transport Act 1983 (No 9921), s189.

Administrative law - Freedom of information - Request for access to documents - Exemptions from disclosure - Investigator's report - Medical report - Whether disclosure would prejudice proper administration of the law - Whether disclosure would disclose identities of confidential sources of information - Whether documents contained information of business, commercial or financial nature - "Disadvantage" - Freedom of Information Act 1982 (No 9859), s31(1)(a), s31(1)(c), s34(1), s34(4)(a).

Administrative law - Equal opportunity - Commissioner for Equal Opportunity - Complaints of discrimination - Grant of extension of time within which to make complaint - Request for reasons for decision - Reasons prepared by successor of decision maker - Whether decision to extend time a "decision" for purposes of Administrative Law Act 1978 - Whether commissioner a "tribunal" - Whether successor can provide commissioner's reasons - Whether reasons provided adequate - Remedy for failure to provide reasons - Whether s8(4) of Administrative Law Act 1978 a code - Equal Opportunity Act 1984 (No. 10095), s44(6) - Administrative Law Act 1978 (No. 9234), s2, s3, s8.

Administrative law - Equal opportunity - Discrimination - Impairment - Introduction of scratch tickets and driver - only trams in public transport system - Whether discriminatory against disabled - Imposition of "requirement or condition" which was "not reasonable" - Matters relevant to reasonableness - Whether conduct necessary to comply with direction of minister and director-general - Orders of board - Whether void for uncertainty - Equal Opportunity Act 1984 (No 10095), s17(5), s29, s39(e)(ii) - Transport Act 1983 (No 9921), s31.

Statute - Interpretation - Amending Act - Removal of prohibition on wholesale of tobacco by unlicensed persons - Power to recover licence fee for prohibition period after prohibition removed - Notice of assessment - Validity - Assessment challenged in proceedings other than appeal or review - Whether assessment duly made - Conclusiveness of assessment - Business Franchise (Tobacco) Act 1974 (No. 8597), s19A(1)(d), s19B, s19E(2) - Interpretation of Legislation Act 1984 (No. 10096), s14(2)(e).

Administrative law - Assessment under Business Franchise (Tobacco) Act 1974 - Power to make assessment - Validity - Conclusiveness of assessment - Business Franchise (Tobacco) Act 1974 (No. 8597), s19A(1)(d), s19B, s19E(2).

Administrative law - Licence fee - Notice of assessment - Validity - Assessment challenged in proceedings other than appeal or review - Whether assessment dub made - Conclusiveness of assessment not under commissioner's hand - Business Franchise (Tobacco) Act 1974 (No. 8597), s19A(1)(d), s19B, s19E(2).

Legal aid - Decision of Legal Aid Commission - Review - Legal aid review committee - Whether decision of committee final and conclusive - Legal Aid Commission Act 1978 (No. 9245), s35.

Administrative law - Legal aid review committee - Natural justice - Right to hearing - Whether oral hearing necessary - Legal Aid Commission Act 1978 (No. 9245), s35.

Administrative law - La Trobe University - Petition seeking visitation, declarations and directions by Visitor - Powers of Visitor - Review of decisions and actions of university officers - Test to be applied - Degree obtained by fraud - Whether university has inherent power to revoke.

Contract - Credit - Regulated loan contract - Mortgage over fishing boat - "Farm machinery' - "Term loan" - "Pre determined credit charge" - "Fixed amount" - Whether exempt term loan may be re-opened - Regulated mortgage - Guarantee and indemnity - Whether guarantee and indemnity a regulated loan contract - Credit Act 1984 (No. 10097), s5, s11, s19, s30, s36, s89, s146 - Credit Regulations 1984, Reg5 - Credit Order No 15.

Administrative law - Injunction to restrain proceedings in inferior court or tribunal - Principles guiding exercise of court's jurisdiction to grant injunction.

Administrative law - Administrative Appeals Tribunal - Appeal to Supreme Court - Question of law - Power of tribunal to extend time to apply for review - Whether acceptable explanation of delay in making application a condition precedent to exercise of power - (CTH) Administrative Appeals Tribunal Act 1984 (No 10155), s31(2).

Practice and procedure - Children's Court - Protection applications - Joint hearing of applications relating to different children - Jurisdiction to order - Whether denial of natural justice if ordered - Children and Young Persons Act 1989 (No 56), s3, s15, s24(1) and s24(2), s25, s63(e) and s63(f), s70(4), s82.

Administrative law - Judicial review - Prohibition - Lack of jurisdiction - Jurisdiction of Children's Court to order joint hearing - Natural justice - Whether possible risk of future injustice constitutes denial of natural justice - Supreme Court Rules, O.56

Administrative law - Judicial review - Evidence - Extraneous evidence - Evidence not before Children's Court - Admissibility and weight on application for judicial review.

Administrative law - Review by Administrative Appeals Tribunal - Decision of Guardianship and Administration Board appointing administrator - Application for review by Administrative Appeals Tribunal - Nature of review - Functions of tribunal - Whether decision under review presumptively correct - Guardianship and Administration Act 1986 (No. 58), s4(2), s13, s19, s22, s24, s43, s46, s48, s61, s67 - Administrative Appeals Tribunal Act 1984 (No 10155), s25, s31, s32, s35, s36, s49, and s52.

Administrative law - Judicial renew - Review of judgment of visitor of university on petition - Grounds on which judgment may be renewed under Administrative Law Act - Administrative Law Act 1978 (No 9234), s14(2).

Administrative law - Freedom of information - Request for access to documents - Exemption from disclosure - Documents containing information relating to "the personal affairs of any person" - Whether corporation can have "personal affairs" - Freedom of Information Act 1982 (No 9859), s33(1).

Statutes - Interpretation - Amending Act - Removal of prohibition on wholesale of tobacco by unlicensed persons - Power to recover amount of licence fee for prohibition period after prohibition removed - Whether power to assess survives amendment - Business Franchise (Tobacco) Act 1974 (No 8597), s19A(1)(d) - Interpretation of Legislation Act 1984 (No 1009C), s14(2)(e).

Administrative law - Assessment under Business Franchise (Tobacco) Act 1974 - Power to make assessment - Business Franchise (Tobacco) Act 1974 (No 8597), s19A(1)(d).

Administrative law - Freedom of information - Request for access to documents - Exemption from disclosure - Documents which, if disclosed, would "prejudice the ... proper administration of the law in a particular instance's - Whether "police briefs" exempt from disclosure - Freedom of Information Act 1982 (No 9859), s31(1)(a).

Administrative law - Costs - Administrative Appeals Tribunal - Appeal against issue of planning permit - Power of tribunal to award costs - Proceedings brought vexatiously or frivolously - Meaning of "proceedings" - Costs order against person who brought the proceedings - Costs order against non party who sponsored the bringing of the proceedings - Meaning of "sponsored" - Planning Appeals Board Act 1980 (No 9512), s34(2)(e), s58 - Planning and Environment Act 1987 (No 45), s150 - Administrative Appeals Tribunal Act 1984 (No 10155), s52.

Administrative law - Public service - Public servant - Offence - Disciplinary proceedings - Appeal - Whether resignation is waiver or abandonment of right or appeal Public Service Act 1974 (No 8656), s59, s60, and s63.

Administrative law - Planning scheme - Alleged inconsistency between State and local sections - Destruction of native vegetation without permit - Alteration of topography without permit - Meaning of "track" - Planning and Environment Act 1987 (No 45), s7 - Gisborne Planning Scheme, State Section, CL3.8, CL5, CL7.2.3, CL7.4; Local Section, CL5D(v)(iii) and CL5D(vi), 38, 50, 90A.

Administrative law - Order to review - Intellectual Disability Review Panel - Intellectual disability - Assessment of "general intellectual functioning" - Material to be considered by panel - IQ tests - Standards of personal independence and social responsibility - "Wednesbury" unreasonableness - Intellectually Disabled Persons' Services Act 1986 (No 53), s3, and s8.

Administrative law - Equal opportunity - Discrimination - Indirect discrimination - Impairment - Employment - Voluntary departure package - Exclusion of employees on WorkCare - Reasonableness of requirement - Onus of proof - Appeal from Equal Opportunity Board - Questions of law - Equal Opportunity Act 1984 (No. 10095), s17(1), s17(5), s49(4).

Administrative law - Judicial review - Ultra vires - Defective exercise of power - Rules of Harness Racing - Rule providing for levels of prohibited substances to be determined by controlling body - Whether impermissible sub-delegation of rule-making power - Uncertainty and unreasonableness - Whether purported determination under rules effective - Racing Act 1958 (No. 6353), s49, s83L(3).

Administrative law - Practice and procedure - Jurisdiction of Magistrates' Court - Metropolitan Fire Brigades Board - Fees for false fire alarm - Determination by Metropolitan Fire Brigades' Board of whether reasonable excuse for alarm - Appeal to Administrative Appeals Tribunal - Fees recoverable in Magistrates' Court - Whether Magistrates' Court had jurisdiction to determine question of reasonable excuse - Metropolitan Fire Brigades Act 1958 (No. 6315), s32D, s66A.

Legal practitioners - Solicitor - Misconduct - Grossly excessive fees Investigation by Secretary of Law Institute - Reference of matter by Secretary for hearing by Registrar or Solicitors' Board - Secretary's opinion that there "appears to have been misconduct" - Prima facie case to be established - Legal Profession Practice Act 1958 (No 6291) s38Q, s84.

Administrative law - Natural justice - Whether procedural fairness required in investigation - Whether opinion formed without taking into account relevant factors - Whether opinion reasonable.

Administrative law - Prerogative powers - Judicial review - Procedural fairness - Government task force - Scheme for elimination of collusive practices in building industry - Whether task force acted in performance of a public duty - Publication of "black list of building contractors debarred from tendering for government contracts - Whether legitimate expectation of entitlement to tender for and be awarded government contracts - Legitimate expectation as to business reputation - Whether contractors entitled to procedural fairness before publication of "black list - Collusive Practices Act 1965 (No. 7353) s5(3).

Administrative law - Order for review - Time for applying for order nisi - Time for requesting reasons for decision - Whether statutory provisions mandatory - Application made outside statutory time limit - Whether order for review a nullity - Grant of building permit by surveyor - Whether surveyor a "tribunal" - Whether surveyor required to accord natural justice to adjoining owners Administrative Law Act 1978 (No 9234) s2, s3, s4, s8 Building Act 1993 (No 126) s19.

Local government - Building permit - Permit granted by surveyor employed by council - Whether council or surveyor was the decision-maker Building Act 1993 (No 126) s19.

Practice and procedure - Amendment of parties - Mistake in name - Mistake in description - Slip rule - Order for review under Administrative Law Act - Whether declaratory relief available in same proceeding - Whether relief under O.56 of the Supreme Court Rules available in same proceeding Administrative Law Act 1978 (No 9234) s3 Supreme Court Rules Ch 1, R36.01, R36.07, O.56.

Administrative law - Natural justice - Domestic tribunal - Right to a hearing - Bias - Association - Expulsion of member - Committee of management - Quorum - Doctrine of necessity - Validity of committee election - Whether court should exercise supervisory jurisdiction - Associations Incorporation Act 1981 (No 9713) s14A, s21.

Administrative law - Natural justice - Medical panel - Opinion adopted as determination of court - Opinion affecting rights of a person - Whether panel required to accord procedural fairness - Whether panel a "tribunal" - Whether medical opinion a "decision" - Whether panel required to give reasons for opinion - Public policy considerations - Accident Compensation Act 1985 (No 10191) s45, s63, s125 - Administrative Law Act 1978 (No 9234) s2, s8.

Administrative law - Business franchises - Tobacco licence - Licensee's failure to provide information - Licensee suspected of involvement in revenue avoidance scheme - Suspension of licence - Whether suspension justified - Order staying suspension - Ex parte application - Business Franchise (Tobacco) Act 1974 (No 8597) s7AI, s9B Administrative Law Act 1978 (No 9234) s3, s4(1), s6.

Administrative law - Business franchises - Tobacco licence - Refusal to grant - Review - Grounds for review - Whether commissioner satisfied or not satisfied of certain matters - Business Franchise (Tobacco) Act 1974 (No 8597) s7AB, s7AE, s7AH, s7AI, s10(1)(a), s13, s13A.

Sale of goods - Sale - Where made - Delivery outside Victoria - Contract - Condition precedent to performance - Transfer of property in goods - Whether in Victoria or outside Victoria - Intention - Sham - Meaning of "sell" - Meaning of "contemplate" - Goods Act 1958 (No 6265) s6, s21, s23, s24, s25 Sale of Goods Act 1895 (SA) s1, s16, s18, s20 Business Franchise (Tobacco) Act 1974 (No 8597) s2(1), s(6AA), s(6AB).

Administrative law - Natural justice - Procedural fairness - Crimes compensation - Notification of application to alleged offender - Whether applicant entitled to be heard to oppose notification - Criminal Injuries Compensation Act 1983 (No. 9992) s. 7(7).

Administrative law - Procedural fairness - Failure to allow calling of evidence - Appeal - Judicial review - Estate Agents Act 1980 (No. 9428) s. 91Y - Supreme Court Rules Ch. I O. 56.

Industrial law - Employer and employee - Unfair dismissal - Procedural unfairness - Redundancy - Statutory remedies - Re-instatement - Compensation - Compensation payable only where re-instatement ordered - Whether re-instatement may be ordered to ensure compensation - Relevant considerations for re-instatement order - Whether re-instatement practicable - Industrial Relations Act 1979 (No. 9365) - Employee Relations Act 1992 (No. 83) ss. 38(1) 42.

Administrative law - Judicial review - Mandamus - Judgments, orders and declarations - Whether court may re-exercise inferior tribunal's discretion - Whether court may direct inferior tribunal on exercise of discretion - Administrative Law Act 1978 (No. 9234) s. 7.

Administrative law - Judicial review - Certiorari - County Court - Appeal to County Court from Magistrates' Court in criminal proceeding - Whether County Court order may be quashed - Error on face of record - Procedural unfairness - Forests - Licence to remove forest produce - Failure to specify in licence area to be logged - Whether licence valid - Criminal law - Whether validity of licence could be challenged in criminal proceeding - Appeal - Sentence - Sentence increased on appeal - Failure by judge to indicate intention to increase sentence - Whether procedural unfairness - Forests Act 1958 (No. 6254) ss. 3(1) 5 22 52 52A 52B 52C - Conservation, Forests and Lands Act 1987 (No. 41) s. 95A - Magistrates' Court Act 1989 (No. 51) s. 83 - Administrative Law Act 1978 (No. 9234) ss. 10 11 12.

Administrative law - Protection of children - Administrative Appeals Tribunal - Application for review of decision not to take action to protect a child - Whether Administrative Appeals Tribunal had jurisdiction to review - Children and Young Persons Act 1989 (No. 56) ss. 85 120 121 122.

Administrative law - Order for review - Legal aid - Decision to allocate matter - Reconsideration of decision - Review of decision by legal aid review committee - Refusal to review decision - Whether decision reviewable - Victoria Legal Aid - Whether a "tribunal" - Whether obliged to accord procedural fairness - Practice and procedure - Order by master for review - Application to strike out proceeding - Whether application must be made to master before return of order for review - Limitation of actions - Administrative Law Act 1978 (No. 9234) ss. 2 3 4(1) - Legal Aid Act 1978 (No. 9245) ss. 27 28 29 34 35 36.

Administrative law - Estate Agents Disciplinary and Licensing Appeals Tribunal - Estate agent - Licence - Eligibility - Conviction for serious offence of violence - Applicant for licence convicted of intentionally causing injury - Characterisation of offence - Legal incidents of offence - Circumstances of offence or offender - Estate Agents Act 1980 (No. 9428) ss. 14(5)(e) 31C 91Y - Crimes Act 1958 (No. 6231) s. 18.

Administrative law - Freedom of information - Exempt documents - Exemption apparent from nature of document - Agency not required to identify documents or specify exemption - Review of agency's decision - Administrative Appeals Tribunal - Whether tribunal may direct agency to identify documents and specify exemption - Whether tribunal may call for documents - Freedom of Information Act 1982 (No. 9859) ss. 3 25A(5) 38 50(2) 50(4) 52(1) 56(1) - Casino Control Act 1991 (No. 47) s. 151.

Administrative law - Judicial review - Certiorari - Jurisdictional error - Error of law on the face of the record - What constitutes the record - Liquor and licensing law - Liquor Licensing Commission - Licence - Application - Notice of application - Irregularities in notice - Notice of objection - Statutory time limit for notice of objection - Refusal to hear late objector - Primary purpose of the business - Relevance of gambling - Community interest - Adverse effects of gambling on community - Liquor Control Act 1987 (No. 97) ss. 28(1) 48(2)(a) 48(4) 72 74 105 - Administrative Law Act 1978 (No. 9234) s. 10.

Administrative law - Order to review - Time for applying for order nisi - Time for requesting reasons for decision - Whether statutory provisions mandatory - Application made outside statutory time limit - Failure of tribunal to give reasons - Limitation of actions - Equitable tolling - Administrative Law Act 1978 (No. 9234) ss. 3 4(1) 8.

Administrative law - Natural justice - Bias - Reasonable apprehension of bias - Administrative Appeals Tribunal - Directions hearing in absence of respondents - Appeal - Question of law - Whether reasonable apprehension of bias a question of law - Town and country planning - Planning permit - Endorsed plans - Construction of plans - Whether permit conditional on keeping walkway open - Administrative Appeals Tribunal Act 1984 (No. 10155) s. 52 - Planning and Environment Act 1987 (No. 45) s. 149A - Planning Appeals Act 1980 (No. 9512) s. 30A.

Administrative law - Administrative Appeals Tribunal - Costs - Accident compensation - Transport accident - Transport Accident Commission - Application to review decision of commission - Application unsuccessful - Whether commission entitled to costs - Application withdrawn - Whether applicant entitled to costs - Appeal - Appeal against tribunal decisions as to costs - Administrative Appeals Tribunal Act 1984 (No. 10155) ss. 50 52 - Transport Accident Act 1986 (No. 111) s. 79(2).

Administrative law - Freedom of information - Exempt document - Exemption based on secrecy provision in another statute - Public interest override - Whether applicable - Meaning of "requires" - Freedom of Information Act 1982 (No. 9859) ss. 3 20 30 38 50(4) 55 - Casino Control Act 1991 (No. 47) s. 151.

Appeal - Appeal from Victorian Civil and Administrative Tribunal - Leave to appeal - Guidelines for granting of leave - Victorian Civil and Administrative Tribunal Act 1998 (No. 53) s. 148(1).

Administrative law - Freedom of information - Access - Request for access to documents - Multiple requests - Aggregation of requests - Agency entitled to refuse request if oppressive - Whether entitled to aggregate requests to determine whether oppressive - Statutes - Interpretation - Purposive - Interpretation promoting purpose and effect - Transaction broken up to avoid statutory provision - No other reason for breaking up transaction - Appeal - Leave to appeal - No substantial injustice - No issue estoppel - Freedom of Information Act 1982 (No 9859) ss 3 5(1) 13 17 18 21 25A 53 - Interpretation of Legislation Act 1984 (No 10096) s 37 - Victorian and Civil Administrative Tribunal Act 1998 (No 53) s 148(2).

Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Nervous system - Disturbances of complex, integrated cerebral functions - Impairment limiting daily activities to directed care under confinement at home or in other domicile - "Confinement" - Whether restricted to a legally imposed restraint - Person living in special accommodation home - AMA Guides Ch 2 - Transport Accident Act 1986 (No 111) s 46A.

Administrative law - Victorian Civil and Administrative Tribunal - Reasons for decision - Judicial review - Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Overlapping types of impairment - Disturbances of complex, integrated cerebral functions - Mental and behavioural disorders - AMA Guides Chs 2, 12 - Statutory prohibition on double counting - Failure to consider evidence for either type of impairment - Whether merely a failure to comply with statutory obligation to provide reasons - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 117(2) 117(5) - Transport Accident Act 1986 (No 111) ss 46A 46B.

Administrative law - Tribunals - Judicial review - Medical Practitioners Board - Jurisdiction - Disciplinary proceeding - Hearing panel - Professional misconduct - Procedural fairness - Whether implied jurisdiction to order permanent stay of proceeding - Alleged abuse of process - Investigatory nature of hearing process - Medical Practice Act 1994 (No 23) ss 46 47 49(a) 50(1) 52 53 54.

Practice and procedure - Trial of preliminary question - Inutility - Supreme Court Rules Ch I r 47.04.

Administrative law - Tribunals - Supervisory jurisdiction of the Supreme Court - Medical Practitioners Board - Jurisdiction - Disciplinary proceeding - Hearing panel - Professional misconduct - Procedural fairness - Whether tribunal proceeding should be stayed - Alleged abuse of process - Investigatory nature of proceeding - Age and particularity of complaints - Balancing competing interests - Prejudice to practitioner - Public interest in having serious allegations investigated - Severance of complaints - Inapplicability of criminal law principles - Constitution Act 1975 (No 8750) s 85 - Medical Practice Act 1994 (No 23) ss 1 46 50.

Legal practitioners - Solicitors - Disciplinary proceedings - Recognised professional association - Powers - Delegation - Complaint - Investigation - Legal Profession Tribunal - Jurisdiction - Laying of disciplinary charges - Purported delegation of power to lay charge - No formal instrument - Record in minute of meeting - Confirmation of minute - Whether charges validly laid by delegate - Requirement that delegation be "in writing" - Whether requirement satisfied by minute - Legal Practice Act 1996 (No 35) ss 151 313.

Administrative law - Natural justice - Procedural fairness - Bias - Right to be heard - Disciplinary proceedings - Legal practitioners - Solicitors - Complaint - Investigation - Practitioner given seven days to respond - History of detailed communications - Whether substance of allegations already well known - Legal Profession Tribunal - Spirited exchange concerning best way to conduct hearing - No objection - Attempt to raise bias on appeal - Waiver of objection.

Administrative law - Victorian Civil and Administrative Tribunal - Practice and procedure - Costs - Order against non-party - Conduct disadvantaging a party - Conduct unreasonably prolonging proceeding - Building owner's claim for damages against company - Company represented by professional advocate - Company director's perjury - False denial that company or director was the builder - Owner succeeding against company - Tribunal ordering director personally to pay costs - Whether power to make order - Whether director was "the representative of a party" - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 62 84 89 109(4)

Administrative law - Judicial review - Procedural fairness - Animals and livestock - Dogs - Nuisance - Statutory offences - Discretionary power in municipal council to order destruction of dog - Pit bull chasing and attacking horses with riders - Dog seized by municipal officer - Owner subsequently registering dog - Owner wrongly identifying dog's breed - Municipal officer charging owner with statutory offences - Provisional order for destruction of dog made prior to hearing of charges - Municipality adopting policy guidelines for exercise of power - Owner pleading guilty to charges - Municipality confirming destruction decision relying on policy guidelines - Municipality creating informal appeal process - Power to create appeal not precluded by Act - No legislative exclusion of procedural fairness - Owner exercising right of appeal to panel - Denial of right to make oral submissions - Appeal panel upholding decision - Reliance on matter not previously articulated - Whether appeal panel had denied owner procedural fairness - Domestic (Feral and Nuisance) Animals Act 1994 (No 81) ss 29(1AA) 29(5) 77(1)(d)(ii) 80(4)(b)

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction - Building dispute - Large scale staged residential subdivision of land - Civil engineering and infrastructural works - No titles issued - No homes constructed - No contracts for construction of homes - No certificate of compliance issued under subdivision legislation - Disputes between developer and engineering contractors - Developer claiming damages under Domestic Building Contracts Act 1995 - Whether dispute a "domestic building dispute" - "Associated work" - Nexus - Contemporaneity - Inter-related legislative controls - Whether land zoned for residential purposes under subdivision legislation - Domestic Building Contracts Act 1995 (No 91) ss 3 5(1)(a) 5(1)(e) 5(1)(f) 54(1) - Subdivision Act 1988 (No 53) ss 1 21(1) 22(1) - Building Act 1993 (No 126) ss 16 135

Statutes - Interpretation - Guides to interpretation - Number - Words in the singular include the plural - Meaning of "plural" - Context - Guide not to be used if effect is to change operation or effect of legislation - Interpretation of Legislation Act 1984 (No 10096) s 37

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction - Standing - Domestic building dispute - Building works - Defects - Subdivision - Common property - Title - Body corporate - Registered proprietor - Claim by body corporate in respect of works carried out on common property - Tribunal summarily dismissing claim as incompetent - Whether body corporate had any estate or interest in the common property - Interest of unit holders in common property - Inter-locking legislative provisions - Whether inconsistency - "Owner for the time being" - Domestic Building Contracts Act 1995 (No 91) ss 3 53 54(1) 54(3) - Subdivision Act 1988 (No 53) s 28(d) 28(e) - Transfer of Land Act 1958 (No 6399) ss 3(1) 27(7) 97

Administrative law - Public access to information - Tribunal proceeding files - Victorian Civil and Administrative Tribunal - Statutory right of access - Right qualified by conditions specified in tribunal rules - Tribunal rules made denying access unless favourable discretion exercised by tribunal - Validity - Whether rules abridged statutory right - "In respect of" - "For" - "Practice and procedure" - "Condition" - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 146 157 Sch 2 - Victorian Civil and Administrative Tribunal Rules 1998 rr 5.04 5.10 6.08 6.17(2) 6.24

Administrative law - Public access to information - Tribunal proceeding files - Victorian Civil and Administrative Tribunal - Statutory right of access - Right qualified by tribunal power to give contrary direction - Unfettered discretion - Tribunal denying access request by direction given after making of request - Validity - Whether direction could be given in absence of request by party to relevant proceeding - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 80(1) 80(2) 146(4)(b).

Administrative law - Remedies - Certiorari - Domestic tribunal - Amenability to judicial review - Specialist medical professional association - Membership - Candidate for fellowship - Consensual contractual relationship - Fellowship recognised as conferring entitlements under Commonwealth and State legislation - Examiners' decision to fail candidate - Internal review panel upholding decision - Whether examination process involved exercise of public functions - Refusal of relief on discretionary grounds - Availability of contract-based remedy - No utility in granting declaration.

Administrative law - Judicial review - Procedural fairness - Domestic tribunal - Bias - Ground inapplicable to domestic tribunal - Internal merits review process - Aggrieved party not challenging soundness of primary decision - Review tribunal not bound to exercise full extent of jurisdiction.

Contract - Restraint of trade - Scope of doctrine - Medical profession - Psychiatry - Specialist professional college - Candidate for fellowship - Candidate failed by examiners - Effect of decision - Substantial restriction on ability to practise in specialist area - Causation - Existing investigation which would have precluded candidate's election as fellow - Whether examiners' decision unreasonable - Whether continuing non-election of plaintiff to fellowship unreasonable.

Administrative law - Reasons for decision - Adequacy - Accident compensation - Workers compensation - Aggravation injury - Medical panel - Jurisdiction - Referral of questions - Opinion - Panel deciding employment was a significant contributing factor to part of worker's alleged injuries - Panel opinion set aside because of inadequacy of reasons - Panel re-examining plaintiff and forming same opinion - Whether basis of second opinion exposed - Accident Compensation Act 1985 (No 10191) s 5.

Administrative law - Occupational licensing - Enforcement - Investigation - Regulator's power to request information and production of documents - Request - Validity - Children's Services Act 1996 (No 53) ss 3, 36(1), 41, 46

Infants and juveniles - Child care centres - Licensed operators - Investigation of alleged incidents at two centres - Purported statutory request for information and documents - Validity - Request not directed to any person present at specific licensed centres at time of request - Operator declining to comply - Threatened prosecution - Children's Services Act 1996 (No 53) ss 3, 36(1), 41, 46

Administrative law - Delegated authority - Victorian WorkCover Authority - Authority delegating powers including power of delegation to Chief Executive Officer ("CEO") - Prosecution - CEO delegating power to prosecute to Director of Legal Services - Director authorising inspector to commence specific prosecution - Director not acting as delegate of authority - Accident Compensation Act 1985 (No 10191) ss 21, 245

Employer and employee - Occupational health and safety - Offences - Prosecution - Authorisation - Validity - Evidence - Occupational Health and Safety Act 1985 (No 10190) s 48

Administrative law - Ombudsman - Jurisdiction - Proposed investigation - Administrative action - Accident compensation - Workers compensation - Medical panels - Convenor - Complaint about convening of panels - Whether convening of panels administrative action - Ombudsman not permitted to investigate administrative action taken by judge or court - Convenor enjoying immunity from suit - "Administrative action" - "In respect of" - Ombudsman Act 1973 (No 8414) ss 13(1), 16(3) - Accident Compensation Act 1985 (No 10191) s 65

Administrative law - Judicial review - Planning and environment controls - Planning scheme - Responsible authority - Referral authority - Subdivision - Permit - Conditions - Validity - Test - Flood-prone land - Floodplain management - Referral authority requiring additional permit condition - Creation of drainage easement in favour of referral authority - Merits review application - Victorian Civil and Administrative Tribunal - Tribunal directing issue of permit omitting referral authority's condition - Tribunal failing to formulate and apply correct test of validity of condition - Tribunal failing to consider merits properly - Planning and Environment Act 1987 (No 45) ss 55, 56, 80(1), 84B, 85 - Water Act 1989 (No 80) s 136 - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 40, 42, 148

Administrative law - Judicial review - Jurisdictional error - Witness protection scheme - Chief Commissioner of Police - Termination of protection - Confirmation on internal review - External review - Appeal to Director, Police Integrity - Legislation not specifying nature of appeal - Recognised categories of appeal - 72-hour time limit for determination of appeal - Chief Commissioner's specialist expertise not indicative of nature of appeal - Director erroneously defining appeal - Hearing de novo required - Witness Protection Act 1991 (No 15) ss 16(2), 17(3), 17(5), 17(6), 18(1), 18(2)

Administrative law - Judicial review - Privative clause - Principle of construction - Whether judicial review precluded - "Action or proceeding ... against any person" - Witness Protection Act 1991 (No 15) 12(3).

Practice and procedure - Appeal - Leave to appeal - Judicial review - Refusal of certiorari - Whether final.

Administrative law - Victorian Civil and Administrative Tribunal - Discrimination complaint - School student - Learning disability - Tribunal finding complaint proved in part - Tribunal scheduling directions hearing for remedy stage and dismissing remainder of complaint - Appeal to Supreme Court - Appeal against master's grant of leave to appeal - Preliminary issue - Whether VCAT decision appellable - "Order" - Equal Opportunity Act 1995 (No 42) s 136(1) - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148(1)(b) - Supreme Court (General Civil Procedure) Rules 2005 r 77.05.

Administrative law - Victorian Civil and Administrative Tribunal - Appeal to Supreme Court - Leave to appeal - Question of law - Discretion - Appeal grounds impermissibly impugning findings of fact - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148(1).

Medical practitioners and services - Discipline - Medical Practitioners Board - Procedural fairness - Unprofessional conduct - Particulars of allegations - Medical Practice Act 1994 (No 23) s 3(1)(a), 3(1)(b).

Administrative law - Freedom of information - Exemptions - Cabinet documents - Consideration by Cabinet - Copy drafts and excerpts of Cabinet documents - Disclosure of Cabinet deliberations or decisions - Rationale of exemption - One agency instructing another agency to prepare reports - Reports having dual purposes - Use by instructing agency to advise its ministers - Use by instructing agency as raw material which might be submitted to Cabinet - Reporting agency instructed to mark reports Cabinet-in-confidence - Content of reports transposed and included in full or summary form in submission to Cabinet committee - Documents not exempt - "Deliberation" - Freedom of Information Act 1982 (No 9859) ss 3, 28(1)(b), 28(1)(c), 28(1)(d).

Administrative law - Judicial review - Non-discretionary disciplinary power - Procedural fairness - Content of obligation - Victoria Police - Chief Commissioner - Power to dismiss member - Assessment of member's integrity - Assessment of potential loss of community confidence in force if person were to remain member - Extent of Commissioner's disclosure obligation - Relevant considerations - Alleged improper purpose - Commissioner's onus of satisfaction - Availability of alternative disciplinary procedures - No evidence challenge - "May" - Police Regulation Act 1958 (No 6338) s 68.

Statutes - Interpretation - Principal Act - Amending Act - Interpretation of amending Act - Common law principle - Principal and amending Acts to be read together - Whether amending Act conferred discretion - Principal Act passed before Interpretation of Legislation Act 1984 - Interpretation Act providing that statute using "may" to be interpreted as conferring discretion - Amending Act passed after 1984 Act - Whether common law principle or Interpretation Act direction applied - "May" - "Contrary intention" - Police Regulation Act 1958 (No 6338) s 68 - Interpretation of Legislation Act 1984 (No 10096) s 45.

Administrative law - Judicial review - Procedural fairness - Bias - Pre-judgment - Step in decision-making process - Amenability to review - Discretion - Town planning - Municipal council decision - Final decision in process made by minister - Councillor's vote determinative of resolutions - Potential effect on landowner's legal rights or liabilities - Planning and Environment Act 1987 (No 45) ss 21 22 24 27 29 31 35 39

Local government - Councillors - Conflict of interest - Proposed planning scheme amendment - Submission by councillor in personal capacity - Referral to statutory panel - Councillor declaring interest and not participating in referral decision - Councillor making submissions to panel - Panel report - Council consideration of opposing resolutions regarding report - Councillor voting on resolutions - Validity of resolutions - "Interest" - "Of the opinion" - Local Government Act 1989 (No 11) ss 77A(2) 77B 79

Administrative law - Judicial review - Jurisdiction - Legal Practice Board - Solicitor - Practising certificate - Renewal - Refusal - Board satisfied solicitor not fit and proper person - Statutory maximum period for disposing of renewal application - Delay in making decision - Whether decision void - "Until the application has been finally determined" - Legal Profession Act 2004 (No 99) ss 2.4.5(3), 2.4.12(2)

Administrative law - Judicial review - Remedies - Discretion to refuse - Adequate alternative remedy - Merits review - Victorian Civil and Administrative Tribunal - Pending application - Nature and scope - Alleged lack of natural justice by decision maker - Judicial review not precluded by availability of merits review.

Administrative law - Judicial review - Error of law - Relevant considerations - Failure to take into account - Gambling regulation - Electronic gaming machines - Approval of premises - Hotel - Victorian Civil and Administrative Tribunal - Review of decision of Victorian Commission for Gambling Regulation - Commission refusing approval - Statutory no net detriment test - Commission's duty to inquire - Public participation in primary decision-making - Survey evidence of local community opposition to approval - Tribunal setting decision aside and granting approval - Tribunal failing to take community opposition into account - "Net economic and social impact of approval" - "Detrimental to the wellbeing of the community" - Gambling Regulation Act 2003 (No 114) s 3.3.7.

Administrative law - Merits review - Victorian Civil and Administrative Tribunal - Primary decision-maker - Misapprehension of role - Entitlement to support own decision - Participation in tribunal review - Obligations - Duty to assist in review proceedings - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 49(1) 59

Legal practitioners - Solicitors - Complaint - Characterisation - Disciplinary complaint - Validity - Legal Services Commissioner - Complaint made to Law Institute of Victoria - Institute referring complaint to commissioner - Delegate of commissioner referring complaint back to institute for investigation - Delegation effective - Legal Profession Act 2004 (No 99) ss 4.2.5 4.2.8 4.4.7 4.4.9 6.3.12 6.4.1

Legal practitioners - Solicitors - Disciplinary complaint - Notification of complaint to practitioner - Validity - Provision of copy complaint effective - Legal Profession Act 2004 (No 99) s 4.2.8

Legal practitioners - Solicitors - Disciplinary complaint - Discretion to investigate complaint - Wednesbury test applicable - Legal Profession Act 2004 (No 99) ss 4.4.7 4.4.9

Administrative law - Judicial review - Remedies - Certiorari - Availability - Decision affecting legal rights - Legal Services Commissioner - Decision referring complaint to investigatory body - Procedural fairness - Characterisation of complaint as disciplinary - Procedural or substantive - Right to be heard prior to referral.

Administrative law - Procedural fairness - Victorian Civil and Administrative Tribunal - Whether tribunal entitled to act on own motion - Reliance on case not raised by applicant for summary relief - Applicant's right to be informed - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 75 98(1)(a).

Administrative law - Victorian Civil and Administrative Tribunal - Summary dismissal power - Two legislative sources - Availability of one procedure not precluding availability of other - Victorian Civil and Administrative Tribunal Act 1998 (No 53) - Equal Opportunity Act 1995 (No 42) s 109.

Administrative law - Victorian Civil and Administrative Tribunal - Whether denial of natural justice is an error of law for purposes of an appeal - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148.

Discrimination - Impairment discrimination - Litigant - High frequency deafness - Court staff refusing request for supply of equipment to facilitate hearing of court proceeding - "Services" - Equal Opportunity Act 1995 (No 42) ss 4(1) 102 - Magistrates' Court Act 1989 (No 51) s 24.

Constitutional law - Judiciary - Immunity - Magistrates' Court - Litigant - Hearing impairment - Court staff refusing request to supply equipment for court hearing - Impairment discrimination - Whether Magistrates' Court registry staff immune from liability - Whether State of Victoria vicariously or directly liable if contravention by registry staff.

Administrative law - Judicial review - Procedural fairness - Entitlement to a hearing - Legitimate expectation doctrine - Scope - Statutory decision-maker's right to terminate expectation - Environment protection - Environment Protection Authority ("EPA") - Waste discharge licence - Oil refinery - Refiner seeking amendment of licence conditions - Third party objector - Local environment group - Participation in earlier public consultation process about licensee's operations - Non-legally binding environmental improvement plan - Breakdown in group's relationship with refiner and EPA - Group not provided with full details of refiner's licence amendment application - Licence conditions amended - Whether established public consultation process entitled group to hearing - No presumption - Whether failure to grant hearing - Environment Protection Act 1970 (No 8056) s 20C(2).

Administrative law - Judicial review - Review grounds - Disproportionality not a discrete ground - Occupational regulation - Medical practitioner - Misconduct - Suspension - Medical Practitioners Board - Application of statutory necessity test - Public health and safety - Risk of endangerment - Relevant considerations - Administrative Law Act 1978 (No 9234) ss 7 10 - Health Professions Registration Act 2005 (No 97) ss 3 40 59

Human rights - Presumption of innocence - Public authority - Medical Practitioners Board - Protective powers - Suspension of practitioner's registration - Whether exercising administrative or judicial power - Limitation on right - Reasonableness - "Necessary" - "Public authority" - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 4 7 25 34 35 38 39

Valuation of land - Municipal valuation - Site value - Highest and best use - Range of potential uses - Evidence of sales - Valuation of Land Act 1960 (No 6653) ss 2 5A

Administrative law - Merits review - Victorian Civil and Administrative Tribunal - Valuation of land - Whether tribunal acting as expert tribunal - Whether factual finding open - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 64 - Victorian Civil and Administrative Tribunal Rules 1998 r 2.06

Administrative law - Merits review - Victorian Civil and Administrative Tribunal - Leave to appeal - Question of law - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148

Administrative law - Judicial review - Tribunals - Occupational regulation - Medical practitioner - Professional conduct - Investigation - Medical Practitioners Board - Board power to inform itself in any way thought fit - Witness examined about qualifications of overseas expert - Board making independent on-line Google search - Whether ultra vires - Whether investigation process inquisitorial or adversarial - "May inform itself in any way it thinks fit" - "Not bound by the rules of evidence" - Medical Practice Act 1994 (No 23) s 52

Administrative law - Judicial review - Procedural fairness - Ostensible bias - Notional fair-minded observer - Imputed knowledge of decision-making context.

Practice and procedure - Costs - Appeal dismissed - Whether departure from usual costs order - Whether successful argument raised before judge at first instance - Whether appeal initiated in public interest - Appellant ordered to pay respondent's costs of appeal.

Administrative law - Occupational licensing - Building practitioners - Registration - Building Practitioners Board - Inquiry - Notice - Validity - Nature of inquiry - Whether time for commencement of proceeding for offence applicable - Exercise of inherent jurisdiction - "Proceeding for an offence" - Interpretation of Legislation Act 1984 (No 10096) s 35(a) - Building Act 1993 (No 126) ss 16(1) 177 178 179 241(7).

Administrative law - Freedom of information - Exempt documents - Secrecy provision in another statute - Scope of exemption - Whether other statute must prohibit disclosure by person in possession of document - Freedom of Information Act 1982 (No 9859) s 38 - Corrections Act 1986 (No 117) ss 17 30(1)(f) 30(2) - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148

Administrative law - Judicial review - Occupational regulation - Power - Scope - Interaction of statutory schemes - Taxi driver's certificate - Taxi authority - Power to require applicant for certificate to pass any test and hold any qualification specified by authority - Specification of training course approved by another statutory authority - Taxi authority conducting unannounced inspection of training organisation premises - Taxi authority withdrawing recognition of training organisation's assessment unless specific conditions met - Whether decision ultra vires - Unreasonableness - Procedural fairness - Transport Act 1983 (No 9921) ss 156 162 - Transport (Taxi-Cabs) Regulations 2005 reg 6(1)(d) - Victorian Qualifications Authority Act 2000 (No 97).

Discrimination - Equal opportunity - Indirect discrimination - Impairment - Public education - Student - Learning disability - Condition imposed for access to education - Failure to provide full-time teacher's aide - Whether tribunal impermissibly reformulated condition - Whether condition not reasonable - Whether tribunal impermissibly extended claim period - Loss - Causation - Multiple contributing causes - Commonsense approach - Orders - Validity - Prevention of further contraventions - Equal Opportunity Act 1995 (No 42) ss 4 9 37 136.

Administrative law - Victorian Civil and Administrative Tribunal - Appeal - Error of law - Relevant considerations - Government policy - Procedural fairness - Failure to give notice of scope of directions hearing - Reasons for decision - Inadequacy - Whether tribunal's order involved impermissible delegation to third party - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 97 98 117 148.

Human rights - Victorian Civil and Administrative Tribunal - Whether court can apply Charter principles not applicable to proceeding before tribunal - No retrospective operation - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 8 32 49.

Administrative law - Freedom of information - Exempt documents - Personal affairs of any person - Unreasonable disclosure - Test - Relevant considerations - Effect of disclosure of document - Extent of possible or likely disclosure of information - Whether statutory disclosure of document necessarily disclosure to world at large - "Would" - "Involve" - "Unreasonable disclosure of information" - Freedom of Information Act 1982 (No 9859) ss 3 13 29 29A 31(1) 33(1) 33(2A)

Town and country planning - Planning authority - Planning scheme - Amendment - Validity - Proposed site-specific amendment - Notification requirements - Minister acting as planning authority - Powers - Discretion - Self-exemption from notification requirements - Minister's opinion that compliance with notification requirements not warranted - Minister's opinion as to interests of Victoria or any part of Victoria making exemption appropriate - Approval of amendment after self-exemption - Distinction between antecedent opinion favouring exemption and opinion favouring amendment - "Public interest" - Planning and Environment Act 1987 (No 45) ss 8 12 17 18 19 20 39.

Administrative law - Judicial review - Grounds - Discretionary ministerial decision - Unreasonableness - Planning scheme amendment devoid of any plausible justification.

Administrative law - Judicial review - Reasons for decision - Discretionary ministerial decision - No statutory duty to give reasons - Minister providing reasons in keeping with administrative protocol - Minister bound by reasons - Limited scope for admission of other elucidatory material - Public release of supporting documents - Dispute as to ascertainment of minister's reasons.

Administrative law - Judicial review - Procedural fairness - Hearing rule - Applicability - Variable content - Preliminary decision part of broader process - Victorian Civil and Administrative Tribunal - Parties - Joinder - Permissible without notice - Tribunal practice note - Discretionary departure - Reasons - "Interim order" - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 60(1) 117.

Appeal - Leave to appeal - Appeal from Trial Division order refusing leave to appeal - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148 - Supreme Court Act 1986 (No 110) s 17A(4)(b).

Administrative law - Tribunal - Merits review - Procedural fairness - Waiver - Hearing rule - Mental health - Involuntary patient - Treatment order - Continuation - Rehearing - Victorian Civil and Administrative Tribunal - Applicant required to present case and give evidence first - Mental Health Act 1986 (No 59) ss 4 8 29 36 120.

Administrative law - Freedom of information - Exempt documents - Override power to order release of exempt document where public interest required release - Stringent test - Court's inspection of disputed documents - Legal professional privilege - Legal advice to Attorney-General - Petition for mercy - Attorney issuing press release announcing refusal of petition - Press release reference to senior counsel's advice to government - No reference to other legal advices - Whether press release misleading - Scope of legislative concept of public interest - Policy considerations - Political and ministerial accountability - "Requires" - Freedom of Information Act 1982 (No 9859) ss 32 50(4).

Administrative law - Judicial review - Appeal from Victorian Civil and Administrative Tribunal - Civil claim - Contract - Award of damages - Error of law - Factual findings unwarranted on evidence - Procedural fairness - Apprehended bias - Allowing hearsay evidence from one party only - Pre-judgment - Expressing concluded view before hearing all the evidence - Curtailment of oral evidence and tendering of documents - Curtailment of cross-examination - Building Act 1993 (No 126) ss 3 16 25A 106 112 169 170 - Building Regulations 2006 rr 304 318 1503 Sch 7 - Fair Trading Act 1999 (No 16) ss 107A 108 109 - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 97 98 102 148.

Contract - Consideration - Variation of contract - No consideration where alleged promise was to do no more than what promisor bound to do under pre-existing contract.

Building contracts - Principals and sub-contractors - Progress payments - Entitlements - Claim - Dispute - Statutory adjudication process - Need to avoid excessive technicality - Determination - Validity - Procedures - Application for adjudication - Time limit - Electronic initiation of claim permissible - Deference to adjudicator's authority - Single lodgment of two claims - Whether two payment claims were made - Whether payment claim could be made despite previous claim - "Made" - Building and Construction Industry Security of Payment Act 2002 (No 15) ss 14 16 18 23 28O 28Q 28R 51.

Administrative law - Judicial review - Remedies - Availability - Certiorari - Privative clause - Hickman principle - Construction progress payment disputes - Statutory adjudication process - Amenability to review - "Adjudication determination" - Building and Construction Industry Security of Payment Act 2002 (No 15) - Constitution Act 1975 (No 8750) s 85

Practice and procedure - Electronic service of documents - Time - Ascertainment - Arrival at recipient's server - Availability for retrieval.

Building contracts - Principals and sub-contractors - Progress payments - Entitlements - Disputes - Statutory adjudication process - Adjudicator's determination - Whether amenable to certiorari - Procedural fairness - Content - Express statutory prescriptions - Building and Construction Industry Security of Payment Act 2002 (No 15) ss 22 23

Administrative law - Judicial review - Public and private bodies - Datafin - Construction contract disputes - Statutory adjudication mechanism for progress payment claims - Certiorari - Availability - Grounds - Jurisdictional error - Error of law on face of record - Contents of record.

Constitutional law - Supreme Court of Victoria - Powers and jurisdiction - Unlimited jurisdiction - Indirect repeal, alteration or variation - Manner and form requirements - No implied ouster of judicial review - Constitution Act 1975 (No 8750) s 85

Administrative law - Judicial review - Jurisdictional error - Police Appeals Board - Review function - Characterisation - Unique features - Limited merits review - Chief Commissioner of Police - Dismissal of member of force - Review of dismissal order - Whether commissioner's decision not sound, defensible or well-founded - Appeals Board misconstruing its function - Failure to perform statutory duty - Decision quashed - Police Regulation Act 1958 (No 6338) ss 68B 68C 68D 68E 68F.

Administrative law - Judicial review - Error of law - Procedural fairness - Police Appeals Board - Review function - Refusal of leave to adduce new evidence - Receipt of ex parte communications - Police Regulation Act 1958 (No 6338) Pt V, Div 3.

Police - Employment and discipline - Integrity of members - Prevention of loss of community confidence - Chief Commissioner's power to dismiss member of force - Police Regulation Act 1958 (No 6338) Pt IV, Div 1.

Administrative law - Judicial review - Victoria Legal Aid - Application lodged by solicitor on behalf of client - Aid granted - Case not assigned to lodging solicitor - Decision affirmed on internal review - Review by independent reviewer - Standing of lodging solicitor to challenge independent review - Error of law on face of record - Changed circumstances since primary decision - Characteristics of merits review - Reliance on best and most current information available - Discretion to refuse relief not enlivened - "Person affected" - "Reconsideration" - "Review" - Legal Aid Act 1978 (No 9245) ss 4 34, 35.

Motor vehicles - Road safety - Criminal law - Driving offences - Blood alcohol levels - Requirement that driver furnish breath sample for analysis - Requirement that driver accompany police for purpose of furnishing breath sample - Driver directed to travel in lockable police motor vehicle - Driver refusing to comply - Requirement to accompany to be objectively reasonable - Road Safety Act 1986 (No 127) ss 49(1)(e) 55(1).

Administrative law - Judicial review - Power - Amplitude - Presumed parliamentary intention that power be exercised reasonably - Wednesbury unreasonableness.

Accident compensation - Workers compensation - Medical panel - Opinion - Statement of reasons - Alleged inadequacy - No error of law - Administrative Law Act 1978 (No 9234) s 8 - Accident Compensation Act 1985 (No 10191) s 45(1)

Administrative law - Judicial review - Administrative tribunal - Reasons - Adequacy - No common law obligation to provide reasons.

Planning and environment - Contravention of statutory planning controls - Responsible authority - Enforcement powers - Penalty infringement notice (PIN) - Payment of fine - Expiation of offence - Separate civil enforcement proceedings - Differing legislative rationales - Service of PIN not precluding bringing of enforcement proceedings - "In respect of offence" - Planning and Environment Act 1987 (No 45) ss 114 119 122 126 130 - Infringements Act 2006 (No 12) ss 32 33.

Administrative law - Estoppel - Planning and environment - Contravention of statutory planning controls - PIN stating that upon timely compliance no further enforcement action would occur - PIN statement not a bar to separate enforcement proceedings - Public interest - Infringements (Reporting and Prescribed Details and Forms) Regulations 2006 reg 8.

Legal practitioners - Solicitors - Legal Services Commissioner - Amenability to judicial review - Complaints - Characterisation - Disciplinary - Civil - Treated as disciplinary complaint - Investigation - Refusal of summary dismissal of complaint - Legal Profession Act 2004 (No 99) ss 4.2.2 4.2.3 4.2.8 4.2.10 4.4.7 4.4.9.

Administrative law - Judicial review - Procedural fairness - Hearing rule - Apprehended bias - Reasons - Sufficiency - Criteria - Order for further reasons - Discretion to decline remitter to primary decision-maker - Administrative Law Act 1978 (No 9234) s 8.

Administrative law - Occupational registration - Building practitioners - Building Practitioners Board - Jurisdiction - Disciplinary action - Inquiry - Limitation period - Registration suspended after inquiry commenced - Board precluded from continuing inquiry - Building Act 1993 (No 126) ss 175 177 178 179 179A.

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction - Civil Claims List - Consumer and trader disputes - Excluded disputes - Personal injury claims exceeding $10,000 - Disability benefits insurance policy - Stress and anxiety condition - Cessation of payment of benefit - Claim against insurer - Whether claim excluded - Self-represented party - "Related to personal injury" - Fair Trading Act 1999 (No 16) s 107(3).

Administrative law - Judicial review - Ministerial assessment as part of decision-making process - Validity - Environment protection - Proposed replacement ocean access boat ramp - Environmental effects - Whether minister failed to exercise jurisdiction - Minister expressing preference for particular proposal - Ministerial media release misstating nature of requested statutory assessment - Whether irrelevant considerations taken into account - Procedural fairness - Scope - Statutory entitlement to hearing - Expectation - Whether implied entitlement to further hearing - "Assessment" - "Environment" - Environment Effects Act 1978 (No 9135) s 8(1) (2).

Administrative law - Judicial review - Victorian Civil and Administrative Tribunal - Appeal on question of law - Environment Protection Agency - Issue of works approval - Merits review - Scope - Grounds - Third parties - Incorporated association - Concern with protection of coastal environment - No relevant financial, physical or other like interests - Intellectual, philosophical or emotional interests not meeting statutory requirement - Legislative history - "Unreasonably and adversely affect the interests" - Environment Protection Act 1970 (No 8056) ss 19A, 20C 33B 37 37A - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 5 51 148.

Administrative law - Environment protection and conservation - Old growth forest - Proposed logging in State forest - Controlled harvesting and selling - Obligations - Timber allocation order - Forest management plan - Risk assessment and management - Presence of endangered fauna species - Habitat reserves - Precautionary principle - Flora and fauna protection - Action statements - Code of Practice for Timber Production - Forests Act 1958 (No 6254) ss 3 4 22 - Conservation, Forests and Lands Act 1987 (No 41) ss 4 5 6 7 10 31 - Sustainable Forests (Timber) Act 2004 (No 48) ss 1 4 5 6 13 14 15 16 17 18 19 37 38 39 40 43 44 45 - Flora and Fauna Guarantee Act 1988 (No 47) ss 1 3 4 7 8 11 17 19 20.

Administrative law - Judicial review - Remedies - Injunction - Standing - Special interest in subject matter of litigation - Public interest - Threatened illegal logging in State forest - Conservation group.

Injunctions - Terms - Conditional - Finality - Transparency - Undertaking - Statutory authority - State forest - Threatened unlawful logging - Public interest - Restraint from logging until conditions met.

Animals - Endangered fauna species - Protection - Long-footed potoroo - Orbost spiny crayfish - Giant burrowing frog - Large brown tree frog - Powerful owl - Sooty owl - Spot-tailed quoll - Greater glider - Yellow-bellied glider - Square-tailed kite - Flora and Fauna Guarantee Act 1988 (No 47).

Costs - Discretion - Costs following the event - Party partially successful - Relevant considerations - Public interest - Proportional order.

Town and country planning - Planning scheme - Permit - Construction - Purpose - Plain meaning - Exemption - Heritage control - Site-specific control and precinct control - Victorian Heritage Register - Planning scheme overlay - Permit required under overlay subject to exemption in case of place on register - Primacy of heritage authority over planning authority - Permit for redevelopment of site partially included on register - Review confined to portion of land not on register - Exemption covering both bases of permit requirement under overlay - "Develop" - "Development" - Melbourne Planning Scheme cll 15 43 71 - Planning and Environment Act 1987 (No 45) ss 3 4(2)(f) - Interpretation of Legislation Act 1984 (No 10096) ss 35(a) 39 - Heritage Act 1995 (No 93) ss 1 32 42 48 69 71 73(1) 73(1A)

Administrative law - Judicial review - Remedies - Victorian Civil and Administrative Tribunal - Appeal on question of law - Order nisi to review - Inappropriateness of resorting to other remedy - Administrative Law Act 1978 (No 9234) - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 3 148

Building contracts - Progress payment - Statutory entitlement - Claim - Validity - Referral to adjudicator - Whether delivered prematurely - Time for response - Whether taking of work out of hands of contractor affected entitlement to payment for previous work - Building and Construction Industry Security of Payment Act 2002 (No 15) ss 14(1) 15(4) 18(1)(a) 21(2B) 22(5)(a)

Building contracts - Construction - Practice and procedure - Service on superintendent - Service by email - Building and Construction Industry Security of Payment Act 2002 (No 15) s 50 - Amended Australian Standard General Conditions of Contract AS2124-1992 cll 2 7 9 14 15 18 21 22 23 42 43 44 50

Administrative law - Judicial review - Jurisdiction - Onus to establish excess of jurisdiction - Reception of new material - Procedural fairness - Content - Adjudicator not permitting further submissions by principal to new material filed by contractor - Supreme Court (General Civil Procedure) Rules 2005 O 56.

Administrative law - Judicial review - Certiorari - Jurisdictional error - Procedural fairness - Magistrates' Court - Suppression orders - Standing - Chief Commissioner of Police - Statutory necessity test - Non-publication of material identifying participant in witness protection program - Relevant considerations - Maintenance of integrity of witness protection program - Magistrates' Court Act 1989 (No 51) s 126 - Witness Protection Act 1991 (No 15) s 10(5)

Administrative law - Judicial review - High-level policy decisions - Public interest - Ministerial direction - Validity - Justiciability - Road traffic management - Roads Corporation - Arterial roads - Clearway zones - Proposal to extend and standardise times - Minister directing corporation to implement proposal - Effect of direction on earlier decisions of corporation - "All things necessary or convenient" - "Manage" - "Management" - Road Management Act 2004 (No 12) ss 22 39(1) 39(6) 44 Sch 4 cl 2(2) - Road Safety Act 1986 (No 127) s 95 - Transport Act 1983 (No 9921) - Road Safety (Traffic Management) Regulations 2009 (No 129) regs 8 10 20 22.

Local government - Road and traffic management - Clearway zones - State government policy - Municipal councils - Statutory consultation process - Procedural fairness - Statutory dispute resolution process - Minister's determination of dispute - Binding effect - Road Management Act 2004 (No 12) ss 22 125.

Administrative law - Judicial review - Domestic body - Refusal of membership - Amenability to judicial review - Datafin principle - Applicability in Australia - Company limited by guarantee - Administrator of overseas student tuition assurance scheme - Statutory approval by Commonwealth Minister for Education - Membership of company a precondition to scheme membership - Whether company exercising governmental powers - Education Services for Overseas Students Act 2000 (Cth) - Education Services for Overseas Students Regulations 2001 (Cth)

Administrative law - Domestic body - Procedural fairness - Hearing rule - Applicability - Anonymous allegations of misconduct - Reputation - Sufficiency of interest to attract hearing rule.

Administrative law - Reasons for decision - No special circumstances warranting imposition of duty to provide reasons.

Town and country planning - Planning scheme - Permit - Telecommunications facility - Radio transmission masts - Failure to provide site analysis - Permit conditions varied - Structures not requiring permit under farming controls - Whether intrusion into acceptable setback by intrusion of underground radials - Net community benefit - Sustainable development considerations - Amenity - Minimal impact - Test - Potential alternative sites - Noise and electromagnetic interference - Cost effective provision of infrastructure - Code of Practice for Telecommunications Facilities in Victoria - "Minimal impact on the amenity of the area" - "Part of the structure" - Moyne Shire Planning Scheme cll 11, 52.19, 62.02 - Planning and Environment Act 1987 (No 45) ss 3 4(1)

Administrative law - Judicial review - Victorian Civil and Administrative Tribunal - Appeal on question of law - Planning scheme - Whether factual findings open on evidence - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction - Review of administrative decisions - Director of Housing - Tenancy - Decision to apply for eviction order - Validity - Compliance with Charter of Human Rights and Responsibilities - Tribunal lacking jurisdiction to undertake collateral judicial review - Victorian Civil and Administrative Tribunal Act 1998 (No 53) - Residential Tenancies Act 1997 (No 109) ss 1(d) 344 345 446(c) - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 13(a) 32 38 39.

Human rights - Right to home and family - Freedom from unlawful or arbitrary interference - Public housing - Eviction - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 7(2) 13(a) 36 39.

Landlord and tenant - Public housing - Director of Housing - Power - Application for possession order - Validity - Housing Act 1983 (No 10020) s 14(1)(g) - Residential Tenancies Act 1997 (No 109) ss 1(d) 344 345 - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 13(a) 38 39.

Administrative law - Victorian Civil and Administrative Tribunal - Merits review - Occupational licensing - Public transport - Taxi-cab driver licence - Accreditation - Statutory criteria - Suitability - Public care objective - Relevant considerations - Director of Public Transport refusing accreditation - Applicant acquitted of murder on grounds of insanity 18 years earlier - Community expectations - Decision-maker's reliance on fact that applicant was a person who caused death of another person - Decision-maker not bound to consider effect of accreditation on public confidence - Decision-maker posing wrong question - Decision set aside by tribunal - No error of law by tribunal - "Suitable in other respects to provide the service" - Transport Act 1983 (No 9921) Pt VI, Div 6.

Administrative law - Judicial review - Victorian Civil and Administrative Tribunal - Error of law - Misconstruction of statute - Relevant and irrelevant considerations - Children - Safety - Occupational regulation - Child-related work - Assessment of individuals working with children - Negative assessment notice - Merits review - Category 2 application - Whether applicant bore an onus of proof - Public interest considerations - Whether applicant planned to engage in specific child-related work - Failure to adduce evidence of positive influence on children - "Unjustifiable risk" - Working with Children Act 2005 (No 57) s 13(2)

Administrative law - Judicial review - Reasons - Adequacy - Statutory obligation - Path of reasoning from evidence to facts to conclusion - Conflicting medical opinions - Accident Compensation Act 1985 (No 10191) s 68

Administrative law - Judicial review - Remedies - Availability - Certiorari - Error of law on face of record - Mandamus - Accident compensation - Medical panel opinion - Accident Compensation Act 1985 (No 10191) s 45

Estoppel - Issue estoppel - Workers compensation - Entitlement - Medical or like expenses - Claim for declarations - Medical panel - Opinion - Accident Compensation Act 1985 (No 10191) ss 45(1) 99

Town and country planning - Planning permit - Period of operation - Extension of time - Time for making application for extension - Expiry of permit - Planning authority refusing to accept application made after expiry of permit - "May ask" - Planning and Environment Act 1987 (No 45) s 69(1)

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction to disregard non-compliance with time limit - Victorian Civil and Administrative Tribunal Act 1998 (No 53) Sch 1 cl 62

Administrative law - Judicial review - Appeal on question of law - Victorian Civil and Administrative Tribunal - Summary dismissal of review application - Error of law - Misinterpretation of statute - Disability discrimination claim - Direct discrimination - Attribute - Impairment - Employee - Recovery from work-related illness - Employee ready, willing and able to resume work on gradual basis - Employer declining request - Employee dismissed - Whether prohibited discrimination - Applicable comparator - "Without that attribute" - Equal Opportunity Act 1995 (No 42) ss 4(1) 8(1) 14

Statutory interpretation - Human rights legislation - Liberal construction - Anti-discrimination legislation.

Human rights - Charter - Applicability - Transitional provisions - Facts and circumstances happening before Charter came into force - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 2 32(1) 49

Administrative law - Discretion - Relevant considerations - Working with children assessment - Secretary to Department of Justice - Refusal to give assessment notice - Decision affirmed by Victorian Civil and Administrative Tribunal - Appeal on question of law - Preconditions to exercise of discretion - Criminal conviction - Leaving children unattended - Whether significant link between offending and risk to safety of children - Whether tribunal impermissibly restricted regard to circumstances surrounding appellant's offending - Residual discretion not enlivened - Appeal allowed - Working with Children Act 2005 (No 57) s 17

Statutes - Interpretation - Purposive approach - Requirement to interpret statutes so as to avoid manifestly absurd or unreasonable result - Interpretation of Legislation Act 1984 (No 10096) s 35(a)

Administrative law - Judicial review - Victorian Civil and Administrative Tribunal - Victorian Electoral Commission - Register of political parties - Amendment - Application to amend register to be in writing signed by party secretary - Election of party office-bearers - Validity of election of secretary - Party constitution and rules - Party membership eligibility linked to eligibility to vote in Commonwealth elections - "Eligible to vote in Commonwealth elections" - Electoral Act 2002 (No 23) ss 51 60 - Commonwealth Electoral Act 1918 (Cth) ss 93(2) 221 229 235 266 Sch 3, paras 10 17 19

Associations and clubs - Constitution and rules - Construction - Political party - Democratic Labor Party - Membership eligibility - Link with Commonwealth electoral legislation.

Town and country planning - Planning permit - Proposed landfill on former quarry site for solid inert waste - Legislative and policy framework for siting and developing landfills - Municipal council refusal of permit - Review by Victorian Civil and Administrative Tribunal - Tribunal's consideration of need for further landfill capacity inconsistent with legislative and policy framework - Waste Management Policy (Siting, Design and Management of Landfills) 2004 - Towards Zero Waste Strategy 2005 - Best Practice Environmental Management Guideline (Siting, Design, Operation and Rehabilitation of Landfills) 2010 - Metropolitan Waste and Resource Recovery Strategic Plan 2009 - Environment Protection Act 1970 (No 8056) ss 16A 19B 50B 50BA 50BC - Planning and Environment Act 1987 (No 45) ss 77 84B(2) 84B(2)(e) - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148.

Administrative law - Judicial review - Grounds - Irrationality and illogicality - Decision-making power not requiring the decision-maker to reach a state of satisfaction about a specified matter - Failure to give proper, genuine and realistic consideration to the merits of the case.

Administrative law - Merits review - Constitution of tribunal - Remitter following judicial review - Differently constituted tribunal for rehearing - Guiding principle.

Administrative law - Judicial review - Amenability to review - Datafin principle - Applicability - Insurance - Disablement benefit - Entitlement - Alternative dispute resolution scheme - Statutory approval - Financial Ombudsman Service (FOS) - Contract-based process - Complaint - Dismissal - Decision - Finality - No exercise of public duty or function - Corporations Act 2001 (Cth) s 912A

Contract - Dispute resolution - Time limit for making complaint - Provision for finality - Decision - Whether final decision susceptible to contractual review.

Administrative law - Victorian Civil and Administrative Tribunal ("VCAT") - Merits review - Health practitioners - Pharmacist - Improper conduct - Discovery of commercial quantities of illicit precursor drugs at pharmacy - Pharmacy Board of Australia - Imposition of conditions on pharmacist's registration - Appeal to VCAT neither appeal stricto sensu nor rehearing de novo - Hybrid review - VCAT power to receive further evidence - VCAT decision not vitiated by error of law - Health Practitioner Regulation National Law (Victoria) Act 2009 (No 79) ss 144 156 157 199(1)(e) 202 - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148

Medical practitioners and services - Patient - Entitlement to undergo treatment - Assisted reproduction (IVF) - Married couple - Barriers to treatment - Statutory presumption against treatment - Criteria - Husband's convictions for sex offences against minor - Guiding statutory principles - Paramount interest of person born or to be born - Patient Review Panel deciding there was barrier to treatment - Relevant considerations - Not limited to matters giving rise to presumption - Not limited to whether matter giving rise to presumption created a risk of harm to child to be born - Risk factors to be identifiable and established - Requirement of real risk of harm - "Welfare and interests of persons born" - "Best interests of a child" - Assisted Reproductive Treatment Act 2008 (No 76) ss 5(a) 10(1)(a) 10(1)(b)(i) (ii) 10(2) 14(1)(a) 15(1) 15(3)(b)(ii) 85(b) 91(3)

Administrative law - Merits review - Victorian Civil and Administrative Tribunal (VCAT) - Review of decision of Patient Review Panel - VCAT majority setting aside panel decision - VCAT requiring appellant to complete counselling course.

Administrative law - Merits review - Procedure - Original decision-maker seeking to uphold its decision and overturn review - Preference for true contradictor to bring any review or appeal.

Accident compensation - Workers compensation - Impairment benefit - Assessment - Medical question - AMA Guides to the Evaluation of Permanent Impairment - Referral to medical panel - Panel function - Provision of opinion - Non-judicial - Engagement of consultants by panel - Whether panel assessed impairment - "In accordance with" - Accident Compensation Act 1985 (No 10191) ss 63 65 66 67 68 91(1)(a) 104B(9) (12)

Administrative law - Judicial review - Non-adjudicative body - Medical panel - Expert opinion - Reasons - Standard of scrutiny.

Administrative law - Judicial review - Jurisdictional error - Statutory tribunal - Determination of claims abandoned during hearing - Whether decision made in excess of jurisdiction a nullity.

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction - Costs - Enforcement or restraint of order - Declaration in respect of such an order - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 121 123 124

Costs - Rule against double recovery - Several defendants severally liable - Settlement of claims against all but one defendant - Single settlement amount in respect of all claims and costs - Settlement of claim against remaining defendant - One settlement amount for claims and further amount for party-party costs to be assessed - Whether costs to be paid by sole remaining defendant to be reduced by settlement amounts paid by other defendants - Partial satisfaction - Indemnity rule - Apportionment.

Estoppel - Administrative decision-makers - Applicability - Victorian Civil and Administrative Tribunal - Res judicata - Issue estoppel.

Legal practitioners - Roll of practitioners - Removal of name - Jurisdiction - Purpose - Protection of public, legal profession, courts, justice system and community confidence in legal system - Fitness to practise - Fit and proper person test - Present and future - Professional misconduct - Contributing factors - Criminal behaviour not necessarily requiring removal of name - Legal Profession Act 2004 (No 99) ss 2.4.42 4.4.17(a)

Administrative law - Victorian Civil and Administrative Tribunal - Regulation of legal profession - Roll of practitioners - Tribunal's limited power to recommend removal of name - Show cause procedure - Principles - Legal Profession Act 2004 (No 99) ss 2.4.42 4.4.17(a)

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction - Composition of tribunal - Local government - Exception for orders giving effect to settlement - "Necessary to give effect to" - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 93 Sch 1, cl 46E(1)

Appeal - Leave to appeal - Substantial injustice where lack of jurisdiction below alleged - Public interest in ensuring that administrative tribunals act within jurisdiction.

Administrative law - Freedom of information - Access - Entitlement - Agency - Ministerial documents - Possession - Actual - Constructive - Affairs of an agency - Connection with agency - Premier of State of Victoria - Electronic private diary of Premier's Chief of Staff - "Official document of a Minister" - "Relates to the affairs of an agency" - Freedom of Information Act 1982 (No 9859) ss 3(1) 5(1) 13(b) 25

Administrative law - Victorian Civil and Administrative Tribunal - Findings about impact of variation of licence on viability of licensee's business and liquor industry - Absence of evidence or material to support findings - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 98

Liquor and licensing law - Legislative purpose - Harm minimisation - Licence - Variation - Evidence of violence and alcohol abuse - Whether proof of causal link to licensed premises required - Distinction between general evidence, locality evidence and evidence of specific incidents - Liquor Control Reform Act 1998 (No 94) ss 4 29 47

Statutes - Interpretation - Legislative purpose - Primary purpose - Harm minimisation - Liquor Control Reform Act 1998 (No 94) ss 4 44

Administrative law - Judicial review - Error of law on face of record - Reasons for decision - Medical questions - Personal injury litigation - Damages - Entitlement - Threshold - Limited to claimants who had suffered significant injury - Assessment of impairment - Referral to medical panel - Provision of conclusive opinion - Adverse determination - Characterisation of panel function - Panel not deciding question of legal right nor determining any issue inter partes - Panel not obliged to provide reasons - Wrongs Act 1958 (No 6420) Pt VBA

Administrative law - Judicial review - Administrative decision - Validity - Medical questions - Expert panel - Power of panel convenor to give procedural directions - Legal effect of direction - Administrative convenience only - Direction that panels give reasons for decisions invalid - Wrongs Act 1958 (No 6420) s 28LZ

Administrative law - Victorian Civil and Administrative Tribunal - Original jurisdiction - Guardianship and administration - Appointment of administrator - Preconditions - Person with disability - Inability to make reasonable judgments about estate - Involuntary psychiatric patient - Numerous admissions over many years - Hospital assessing person as suitable for supported accommodation placement - Patient wanting to return to reside in own home - Likelihood that administrator would decide to sell patient's home - Patient having limited capacity to manage own affairs unsupported - Whether tribunal erred in interpreting appointment provisions - Best interests of disabled person - Least interference principle - Whether appointment of administrator incompatible with human rights and therefore unlawful - Guardianship and Administration Act 1986 (No 58) ss 4(2) 46(1) 46(2) 46(3) 46(4) - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 7(2) 32(1) 32(2) 38(1) 38(2) 39(1)

Human rights - Charter - Applicability - Public authority - Victorian Civil and Administrative Tribunal - Administrative decision-making - Charter of Human Rights and Responsibilities Act 2006 (No 43) s 38

Human rights - Charter - Principle of legality - Right to equality - Right to choose where to live - Right to privacy free from arbitrary interference - Right not to be deprived of property - Deprivation of property not in accordance with law - Challenging discretionary decisions for human rights unlawfulness in error of law appeals - Proportionality - Nature and standard of review - Intensity of review - Victorian Civil and Administrative Tribunal - Tribunal - Deference - Scope of permitted interference with rights and freedoms - Weight and latitude in proportionality analysis - "Arbitrarily" - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 7(2) 32(1) 32(2) 38(1) 38(2) 39(1)

Human rights - Charter - Interpretation - Jurisprudential value of decisions of UN Human Rights Committee - Relevance of Convention on the Rights of People with Disabilities.

Accident compensation - Workers compensation - Impairment benefits - Assessment - Medical panel - American Medical Association Guides to the Evaluation of Permanent Impairment - Relationship between statute and Guides - Cervicothoracic spine - Aggravation of pre-existing anchylosing spondylitis - Total restriction of neck mobility - Assessment of nil impairment - Panel approach precluded by statute - Guides (4th Ed) s 3.3e, 3.3f(5), 3.3f(9) - Accident Compensation Act 1985 (No 10191) ss 91(1) 91(7)(c)

Administrative law - Judicial review - Certiorari - Jurisdictional error - Error of law on face of record - Whether leave to appeal from refusal of order required - Competing authorities - Supreme Court (General Civil Procedure) Rules 2005 O 56

Administrative law - Judicial review - Coroner - Obligations - Inquest - Reportable death - Cause and circumstances of death - Possible findings - Relevant considerations - Disappearance and death of small child in 1968 - Contemporaneous abductions and deaths of four other children - Evidence - Admissibility - Relevance - Coroner excluding statements concerning circumstances of deaths of other children - Person found not guilty by reason of insanity of murdering one of those other children - Coroner's finding that same person was in vicinity of last sighting of missing child on day she disappeared - Excluded statements not relevant as evidence of striking similarities between murders - Relevant as evidence of propensity to violent crime - Relevant as going to identity of person - "Must find, if possible" - Coroners Act 2008 (No 77) s 67(1)(b) (c)

Coroners - Inquest - Characteristics - Inquisitorial court with duty to investigate - Evidence - Admissibility - Witness - Compellability - Incrimination - Propensity evidence - Reliability of evidence relevant to objection - Distinction between salient facts and mere pieces of evidence - Whether coroner obliged to inform witness that certificate of immunity would issue if witness gave evidence - "Interests of justice" - Coroners Act 2008 (No 77) s 57(3) (4)

Criminal law - Employer and employee - Occupational health and safety - Indictable offences - Victorian WorkCover Authority - Prosecution - Limitation period - Within two years of offence or at any time with authorisation of Director of Public Prosecutions - Whether two year limitation period applicable to prosecutions by Director of Public Prosecutions - Occupational Health and Safety Act 2004 (No 7) s 132 - Criminal Procedure Act 2009 (No 107) s 159(2)

Administrative law - Procedural fairness - Director of Public Prosecutions - Power to authorise prosecution after expiry of limitation period - Amenability to judicial review - Whether putative defendant entitled to hearing - Redundancy of legitimate expectation analysis - Fragmenting prosecutorial process - Undesirability.

Precedent - Intermediate appellate courts - Common law in Australia - Decisions binding unless "plainly wrong" - Obiter dicta - Whether binding - Conflicting decisions - Whether binding.

Administrative law - Coroners Court - Powers - Notification of Director of Public Prosecutions if coroner investigating death believed indictable offence may have been committed - Objection to giving evidence on ground of self-incrimination - Power to issue protective certificate to witness - Natural justice - Apprehended bias - Prejudgment - Exercise of referral power prior to witness giving evidence - Coroner's inappropriate statements concerning proposed witness - Coroner declining to recuse herself - No reasonable apprehension of bias - No logical connection between exercise of referral power and statements and feared prejudgment - Errors of law not warranting relief - Coroners Act 2008 (No 77) ss 49(1) 57 Pt 6

Administrative law - Merits review - Victorian Civil and Administrative Tribunal - Thoroughbred horse racing - Disciplinary controls - Review of decisions of Racing Appeals and Disciplinary Board - Australian Rules of Racing - Offences - Elements - Proof - Inferences - Intended stomach-tubing of horse prior to commencement of race - Australian Rules of Racing Rules 64G(1) 175(k) 175(l)