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 - 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 - 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 — 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 — 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)

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 — 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