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.

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.

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 - 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.

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 - 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).

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 - 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 - 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 - 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 - 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 - 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 - 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

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 - 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).

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 - 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.

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 - 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 - 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

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 - 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.

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.

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

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 - Procedure - Indictable offence triable summarily - Theft - Defendant seeking to have charge determined summarily but only after a committal hearing - Magistrate ruling that defendant not entitled to committal hearing ahead of summary trial - Defendant committed for trial in County Court - Judicial review - "Commit for trial" - Supreme Court (General Civil Procedure) Rules 2005 O 56 - Criminal Procedure Act 2009 (No 7) ss 29 30 97 128 141 168 - Magistrates' Court Act 1989 (No 51) ss 54 56

Administrative law - Judicial review - Orders of Magistrates' Court committing or refusing to commit defendant for trial on indictment - Amenability to review.

Administrative law - Judicial review - Law enforcement - Major crime investigation - Chief Examiner - Coercive powers - Witness - Compelled evidence - Protection of personal safety and reputation - Non-publication order - Power to provide for exceptions - Requirement of specificity - Scheme for disclosure to court - Disclosure to law enforcement agencies - Information sharing - "Specifies" - Major Crime (Investigative Powers) Act 2004 (No 79) ss 1 20 29 43 67 68

Administrative law - Judicial review - Certiorari - Error of law on face of record - Appeal from Magistrates' Court conviction to County Court - Possession of cannabis - Whether failure to provide adequate reasons - Administrative Law Act 1978 (No 9234) s 10 - Drugs, Poisons and Controlled Substances Act 1981 (No 9719) ss 5 73

Practice and procedure - Judicial review - Application for summary dismissal - No real prospect of success revealed - Civil Procedure Act 2010 (No 47) s 63

Administrative law - Judicial review - Building control - Apartments - Classification - Building Code of Australia - Interpretation - Class 2 short term commercial stays - Municipal building surveyor reclassifying apartments as Class 3 and requiring compliance with requirements - Reclassification affirmed by Building Appeals Board - Application for judicial review dismissed - Interpretation - Length of occupation - Whether facilities provided within dwelling - Whether occupants of dwelling related persons or unrelated persons - Whether evidence of relevant danger - "Separate dwelling" - Building Code of Australia cl A3.2 - Building Act 1993 (No 126) s 106(d) - Building Regulations 2006 (No 68) reg 112

Criminal law — Enforcement — Investigation — Independent Broad-based Anti-corruption Commission — Powers — Public examination of persons — Whether legislation authorises examination of persons under investigation with respect to matters the subject of the investigation

Statutory interpretation — Whether Independent Broad-based Anti-corruption Commission Act 2011 grants power to examine persons, under investigation for criminal offence, publicly or at all — Principle of legality — Effect of the abrogation of the privilege against self-incrimination — Power to conduct examination in public — Exceptional circumstances — Public interest — Independent Broad-based Anti-corruption Commission Act 2011 (Vic) ss 8, 15, 70, 115, 117 and 144

Administrative law — Judicial review — Jurisdictional error – Whether Commissioner's opinion that jurisdictional conditions satisfied was a reviewable error — Whether decision affected by irrelevant considerations, a failure to take into account relevant considerations or legal unreasonableness — Effect of an express statutory obligation of reasonableness

Administrative law — Judicial review — Jurisdictional fact — Fixing of reference date in adjudication under the Building and Construction Industry Security of Payment Act 2002 — Whether determination of reference date by arbitrator a jurisdictional fact — Nature of exercise involved

Building contracts — Payment claim under the Building and Construction Industry Security of Payment Act 2002 — Fixing of reference date — Review of adjudicator's determination — Building and Construction Industry Security of Payment Act 2002 (Vic) ss 9(2)(d), 14(4), 14(5)

Administrative law — Judicial review — Privative clause — Police Integrity Act 2008 (Vic) ss 40(4)(b)(1), 52, 109(1)

Human rights — Charter of Human Rights and Responsibilities — Equality before law — Equal protection of law without discrimination — Freedom from cruel, inhuman or degrading treatment — Complaint of assault by police — Whether implied procedural right to effective investigation of complaint — Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 8(3), 10(b), 32, 38(1)

Administrative law — Judicial review — Supervision of inferior courts — Magistrates’ Court — Jurisdictional error — Infringement penalty notice scheme (PERIN) — Power to relieve fine if satisfied of mental or intellectual impairment of offender or other special circumstances — Power to relieve imprisonment if excessive, disproportionate and unduly harsh, having regard to the offender’s situation — Default in payment of instalments of fines — Need for consideration of alternatives as pre-condition to exercise of imprisonment power — Whether Court obliged to make own inquiries — Magistrate declining to consider alternatives in absence of written evidence of impairment — Infringements Act 2006 (Vic) ss 160(2), (3)

Human Rights — Charter of Human Rights and Responsibilities — Statutory interpretation — Interpretation compatible with human rights — Liberty — Fair hearing — Equal protection of law — Infringement penalty notice scheme (PERIN) — Default in payment of penalty — Imprisonment — Alternative non-custodial dispositions available — Interpretation requiring consideration of alternative non-custodial disposition — Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 6, 21, 24, 32 — Infringements Act 2006 (Vic) ss 160(1), (2), (3)

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

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

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

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

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

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

Administrative law — Judicial review — Jurisdictional fact — Power to exempt class of persons from prohibitions on possession and use of controlled weapons — Control of Weapons Act 1990 (Vic), ss 5A, 8B

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

Administrative law — Judicial review — Jurisdictional error — Magistrates’ Court — ‘Proper venue’ — Application for transfer of criminal sentencing to Koori Court Division sitting at other location — Exercise of discretion — Relevant considerations — Relevance of Charter of Human Rights and Responsibilities — Magistrates' Court Act 1989 (Vic) ss 4D, 4E, 4F, 4G — Administrative Law Act 1978 (Vic) s 10

Human rights — Charter of Human Rights and Responsibilities — Equal and effective protection against discrimination — Application for transfer to Koori Court Division — Whether Magistrates’ Court acting in administrative or judicial capacity — Whether Magistrates’ Court a public authority — Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 4(1)(j), 38(1)

Human rights — Charter of Human Rights and Responsibilities — Application of Charter to judicial functions — Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 6(2)(b), 8(3), 19(2)(a)

Administrative law — Judicial review — Victorian Civil and Administrative Tribunal — Error of law — Occupational regulation — Child-related work — Negative assessment notice — Category A application — Protection of children from sexual and physical harm — Whether paramount consideration determinative and overriding consideration — Whether paramount consideration given effect to — ‘Likelihood of future threat’ — ‘Unjustifiable risk’ — ‘Paramount consideration’ — Working with Children Act 2005 (Vic) ss 1A, 26A(3)(h), 26A(4), 26A(5)

Administrative law — Judicial review — Coroner — Inquests — Re-opening of coronial investigation — Inquest finding death from medical condition — Applicant alleging Coroner misinterpreted expert medical opinion obtained for purposes of investigation — Whether ‘unsustainability test’ to be satisfied for re-opening — ‘New facts and circumstances’ — Coroners Act 2008 (Vic) s 77(2), 77(3)(a), 77(3)(b)

Coroners — Coroner’s power to ‘comment on any matter connected with death’ — Alleged denial of natural justice or procedural fairness regarding Coroner’s comment — Whether ground for seeking to have coronial investigation re-opened — Coroners Act 2008 (Vic) ss 67(1), 67(3), 87

Coroners — Appeal — Relief on appeal — Whether relief limited to directing application of correct legal test — Whether power to order new coronial investigation — Coroners Act 2008 (Vic) ss 77, 84, 87(4), 87A

Appeal — Admission of further evidence on appeal — Document before original decision-maker — Document not adduced on appeal to primary judge — Self-represented litigant — Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 64.13

Evidence — Hearsay — Exception — Business records — Medical panel notes — Notes provided by ‘voluntary informal discovery’ — Admissibility — Whether exception inapplicable on the basis of notes prepared in connection with a proceeding — Provenance of panel notes — Evidence Act 2008 (Vic) ss 63, 69(1), 69(3)(a)

Administrative law — Judicial review — Jurisdictional error — Failure to take into account a mandatory relevant consideration — Denial of natural justice — Whether medical panel mistook or misunderstood plaintiff’s history of incident alleged to have caused injury

Administrative law — Judicial review — Domestic bodies — Registered Housing Association — Decision to give notice to vacate for no reason — Decision to restrict tenant’s contact with landlord’s staff — Whether decisions amenable to judicial review — Application of Datafin principle — Housing Act 1983 (Vic) — Residential Tenancies Act 1997 (Vic)

Administrative law — Judicial review — Domestic body — Professional association created by Royal Charter — Refusal of readmission to membership — Whether decision amenable to judicial review — Whether Datafin principle applicable in Victoria — Civil Procedure Act 2010 (Vic), ss 62, 63, 64

Associations and clubs — Membership — Professional association of accountants created by Royal Charter — Refusal of readmission application — Whether decision amenable to judicial review

Administrative Law — Judicial review — Decision — Minister deferred decision on planning permit application — Review of Minister’s deferral determination — Whether Minister is a ‘tribunal’ — Whether deferral determination a ‘decision’ — Whether deferral determination ultra vires — Whether deferral determination unreasonable — Administrative Law Act 1978 (Vic), s 2 — Planning and Environment Act 1987 (Vic), s 97F

Administrative law — Judicial review — Decisions of municipal council – Nature of council’s decisions — Whether decisions made in exercise of statutory power — Whether council acting as a tribunal when decisions made — Meaning of tribunal — Administrative Law Act 1978 (Vic), ss 2, 8(1)

Town and country planning — Planning scheme — Agreement between responsible authority and land owner — Application to amend agreement — Refusal of application — Refusal to furnish reasons — Whether requirement to furnish reasons — Whether rules of natural justice apply — Planning and Environment Act 1987 (Vic), ss 173, 178, 178A

Administrative Law — Judicial review — Jurisdictional error — Failure to afford procedural fairness — Multiple decisions conceded to be affected by jurisdictional error — ‘Direction’ notice given by official under statute — Notice having effect of a court order — Whether erroneous direction notice could be reconsidered, corrected or revoked by decision-maker — Children, Youth and Families Act 2005 (Vic), ss 8, 9, 10, 11, 280, 281, 289A, 300, 301, 304, 305, 309, 331, 332, 333

Guardianship — Mandatory considerations – Care by Secretary order — Family preservation order — Direction notice — Power of Secretary to revoke direction notice under s 289A — Children, Youth and Families Act 2005 (Vic), ss 8, 9, 10, 11, 280, 281, 289A, 300, 301, 304, 305, 309, 331, 332, 333

Administrative Law — Judicial review — Duty to inquire — Procedural fairness — Whether by not making inquiries medical panel failed to discharge statutory function or to accord procedural fairness — Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), div 3 of pt 6

Administrative Law — Judicial review — Factual error — When factual error constitutes jurisdictional error — Whether primary judge applied correct principles — Whether no evidence for medical panel’s conclusions — Whether Medical Panel made factual error

Administrative law — Judicial review — State of emergency — Public health — Directions by authorised officer — Stay at Home Directions — Challenge by affected resident and business owner — Standing — Whether power to impose curfew — Whether authorised officer acted at the direction or behest of the Premier — Whether curfew decision unreasonable, irrational or illogical — Public Health and Wellbeing Act 2008 (Vic), ss 4, 5, 6, 7, 8, 9, 10, 11, 111, 197, 198, 199, 200

Administrative law — Judicial review — State of emergency — Directions by authorised officer — Stay at Home Directions — Basis of decision — Protection of public health — Whether public health direction unreasonable, illogical and irrational — Whether erroneous finding of jurisdictional fact — Public Health and Wellbeing Act 2008 (Vic)

Evidence — Admissibility — Opinion rule — Exception — Specialised knowledge — Evidence Act 2008 (Vic), s 79

Human rights — Charter of Human Rights and Responsibilities — Freedom of movement — Right to liberty — Duty to give proper consideration to human rights — Substantive and procedural limbs — Restrictions on movement in response to threat to public health — Curfew in relation to large population groups — Power to order curfew — Whether measures proportionate — Public Health and Wellbeing Act 2008 (Vic) , s 200 — Charter of Human Rights and Responsibilities Act 2006, ss 7(2), 12, 21, 38, 39

Administrative law — Judicial review — Natural justice — Bias — Tribunals — Specialist tribunal — Sessional member of Building Appeals Board retained as expert witness in case before that Board — Resignation before hearing — Doctrine of necessity — Whether reasonable apprehension of bias — Whether evidence of expert witness to be excluded

Building — Building Appeals Board — Pecuniary interest provisions — Whether conflict between Board membership and activities as building practitioner — Building Act 1993 (Vic), sch 3, cl 6

Administrative law — Judicial review — Director of Housing — Decision to apply for orders terminating tenancy and granting possession to landlord — Request for reasons — Whether decision to apply for termination and possession orders a ‘decision’ for the purposes of the Administrative Law Act 1978 (Vic) — Administrative Law Act 1978 (Vic), ss 2,8(1), 8(4) — Residential Tenancies Act 1997 (Vic), ss 538, 548, 549(1), 549(4) — Charter of Human Rights and Responsibilities Act 2006 (Vic), s 38(1)

Landlord and tenant — Public housing — Residential tenancy — Director of Housing — Application for termination and possession orders — Effect on tenant’s rights of decision to apply for possession order — Residential Tenancies Act 1997 (Vic), ss 538, 548, 549(1), 549(4)

Words and phrases — ‘decision’

Administrative law — Judicial review — Standing — Timber harvesting regulation — Community-based incorporated association — Association sought injunctive and declaratory relief to enforce constraints alleged to have been imposed by regulatory scheme — Whether association had standing to seek relief

Administrative law — Judicial review — Prisons and prisoners — Power to reduce sentence being served — Nature of power — ‘Emergency management days’ — Application for review of decision not to grant emergency management days to prisoner — Whether delegate imposed a threshold level of significance of disruption or deprivation suffered in prison as pre-condition to exercise of statutory power — Whether statutory power discretionary — Whether duty to consider exercise of statutory power — Corrections Act 1986 (Vic), s 58E — Corrections Regulations 2019 (Vic)

Human rights — Prisons and prisoners — Right to liberty — Right to humane treatment when deprived of liberty — Emergency management days — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 21, 22

Prerogative writs — Mandamus — Whether duty to consider exercise of statutory power to reduce sentence — Whether legal duty capable of enforcement by way of mandamus — Corrections Act 1986 (Vic), s 58E

Human rights — Charter of Human Rights and Responsibilities — Privacy — Inherent dignity of human person — Prisoners — Random urine tests and strip searches — Whether proper consideration given to respondent ‘s rights — Whether arbitrary interference with privacy — Whether dignity right limited — Whether limitations to rights demonstrably justified — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 7(2), 13(a), 22(1), 38(1)

Administrative law — Judicial review — Whether strip searches authorised by regulations — Onus of proof — Corrections Regulations 2019 (Vic), reg 87(1)(d)

Administrative law — Judicial review — Coroner — Where deceased died without a valid will — Test to be applied by Coroner to decide whether a person has a claim for release of the deceased’s body as executor — Whether Coroner has discretion in determining who has better claim to release of the body — Coroners Act 2008 (Vic), ss 3, 48 — Wills Act 1997 (Vic), ss 7, 9

Charter of Human Rights and Responsibilities — Equality before the law — Privacy — Freedom of association — Inconsistency of law with human rights — Claim for custody of body of deceased person — Whether s 48 of the Coroners Act 2008 (Vic) and definition of ‘senior next of kin’ inconsistent with human rights protected under the Charter of Human Rights and Responsibilities Act 2006 (Vic) — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 7, 8, 13, 16

Taxation — State taxes — Duty on transfer of dutiable property — Estate or interest in land — Appeal from determinations of Commissioner of State Revenue — Whether taxpayers entitled to discovery and particulars — Whether taxpayers entitled to impugn Commissioner’s state of mind at time of making assessments — Taxation Administration Act 1997 (Vic), pt 10 — Duties Act 2000 (Vic), ss 20, 22

Administrative law — Judicial review — Appeal from determinations of Commissioner of State Revenue — State of mind of decision-maker — Provision of reasons for decision — Whether taxpayers entitled to discovery and particulars — Whether taxpayers entitled to impugn Commissioner’s state of mind at time of making assessments

Administrative law — Judicial review — Legislation referring to considerations decision-maker ‘should’ take into account — Whether reference to ‘should’ obligatory — Environment Protection Act 1970 (Vic), ss 1B–1L

Planning and environment — Amendment of licences by Environment Protection Authority on own motion — Whether failure by decision-maker to take into account mandatory considerations — Whether identified matters must be considered by decision-maker — Environment Protection Act 1970 (Vic), ss 1B–1L, 20(9), 20B, 20C — Climate Change Act 2017 (Vic), s 17

Administrative law — Judicial review — Local government — Resolution of municipal council — Whether resolution affected by apprehended bias — Whether council’s resolution a ‘decision’ giving rise to right to request reasons — Whether council obliged to give reasons — Whether council’s resolution affected legal rights of the plaintiffs — Public Health and Wellbeing Act 2008 (Vic), s 62 — Administrative Law Act 1978 (Vic), ss 2, 8

Administrative law — Judicial review — Personal Safety Intervention Orders — Interim order — Application for order — Whether supporting oral evidence or affidavit required for interim orders — Whether interim orders invalid where written applications supported only by declarations of truth — Personal Safety Intervention Orders Act 2010 (Vic), ss 13(1)(c), 35(2), 38(1), 38(1A), 86

Administrative law — Judicial review — Jurisdiction — Building contract — Payment claim — Adjudication determination — Whether question of services provided under contract a jurisdictional fact — Response to payment claim without substantive reason for withholding payment — Whether response constituted a payment schedule — Whether notice of intention to apply for adjudication given — Whether requirement that notice advise of rights — Building and Construction Industry Security of Payment Act 2002 (Vic), ss 14, 15, 18

Administrative law — Judicial review — Plaintiff sought to file charge-sheet and summons in the Magistrates’ Court of Victoria to commence private prosecution against monarch for crimes of genocide under First Peoples’ sovereign laws, common law, and Commonwealth Criminal Code — Magistrates’ Court refused to issue proceeding — Whether charge-sheet capable of engaging criminal jurisdiction of Magistrates’ Court — Criminal Procedure Act 2009 (Vic), ss 6, 12 — Criminal Code Act 1995 (Cth), div 268 — Magistrates' Court Criminal Procedure Rules 2019 (Vic), r 13(c)

Courts and judges — Bias — Reasonable apprehension of bias — Whether pledge of allegiance to the Crown and taking affirmation of office constituted reasonable apprehension of bias