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

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

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.

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.

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)

Legal Practitioners - Legal practice - Lay associate - Practice manager - Trust account - Deficiency - Misappropriation and misuse of trust money - Serious misconduct - Complicity - Disqualification - Appeal against VCAT disqualification order - Tribunal not bound by rules of evidence - Sufficiency of evidence - Applicability of Briginshaw principles - Tribunal expressing reservations about solicitor's evidence - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 98 148 - Legal Profession Act 2004 (No 99) ss 1.2.4(1)-(2) 2.2.5 2.2.6(1)(b) (2) (3) (4) (5) 2.2.7 2.2.8 3.3.21 4.4.2 - Evidence Act 2008 (No 47) s 140 - Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 (No 110) rr 4.15 4.17

Legal Practitioners - Serious misconduct - Penalty - Discretion - Relevant considerations - Lay associate - Conduct of defence of disciplinary hearing - Failure to give evidence - No showing of acceptance of responsibility - Matters wholly within knowledge of lay associate - Indefinite disqualification.

Administrative law - Merits review - Victorian Civil and Administrative Tribunal - Appeal on question of law - Notice of appeal - Questions of law not properly specified.

Administrative law - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 98