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Catchwords are the way in which we classify reports into a consistent taxonomy.

Procedural fairness(6 results)

Reports matching this catchword classification

BARTON v ESTATE AGENTS LICENSING AUTHORITY1 VR 164

Brooking, Tadgell and Hayne JJA·5 Feb 1997·9p·

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.

Towie v State of Victoria19 VR 640

[2008] VSC 177·Kyrou J·28 May 2008·22p·

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.

Director of Public Prosecutions v Patrick Stevedores Holdings Pty Ltd41 VR 81

[2012] VSCA 300·(Court of Appeal) (2012) Maxwell P and Weinberg JA and Ferguson AJA·14 Dec 2012·31p·

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.

Roberts v Harkness57 VR 334

[2018] VSCA 215·Maxwell P, Beach and Niall JJA·29 Aug 2018·Court of Appeal26p·Vol 57 VR Pt 3

Administrative lawProcedural fairness — Practical content of fairness — Unrepresented litigant in person — Respondent charged on summons with road traffic offences — Respondent filed written objections to jurisdiction of Magistrates’ Court — Magistrate dismissed jurisdictional objection without hearing oral submissions from respondent — Whether respondent denied procedural fairness — Magistrates’ Court Act 1989, s 1 — Magistrates’ Court Criminal Procedure Rules 2009 (Vic), r 5 — Charter of Human Rights and Responsibilities Act 2006 (Vic), s 24(1)

Melbourne Water Corporation and Yarra Valley Water Corporation v Caligiuri60 VR 462

[2020] VSCA 16·Whelan, Niall and Emerton JJA·13 Feb 2020·Court of Appeal24p·Vol 60 VR Pt 4

Administrative LawProcedural fairness — Exclusion of procedural fairness — Compulsory acquisition of land — Decision to acquire unreserved private land — Steps in statutory process — Issue of notice of acquisition — Purchaser of land not given opportunity to be heard — Whether publication of notice of acquisition conditioned by obligation to accord procedural fairness — Exclusion of procedural fairness — Land Acquisition and Compensation Act 1986 (Vic), ss 5(3), 6, 7, 8, 19, 20

Planning and environmentCompulsory acquisition of land — Procedural fairness — Decision to acquire unreserved private land under statutory process — Issue of notice of acquisition — Purchaser of affected land not given opportunity to be heard — Whether publication of notice of acquisition conditioned by obligation to accord procedural fairness — Land Acquisition and Compensation Act 1986 (Vic), ss 5(1), 5(3), 6, 7, 8, 19, 22

AppealCivil — Practice and procedure — Application to allow appeal by consent — Duty of Court to be satisfied of appellable error

Practice and procedureNecessary parties — Omission of registered proprietor from proceeding challenging compulsory acquisition of land — Effect on rights

Tricarico v Victorian Legal Services Board (No 2)78 VR 131

[2025] VSC 242·Gray J·7 May 2025·Supreme Court of Victoria28p·Vol 78 VR Pt 1

Administrative lawProcedural fairness — Australian legal practitioner — Suspension of practising certificate of practitioner charged with offence — Decision made without notice to practitioner — Whether suspension decision made in material breach of requirements of procedural fairness — Whether suspension power conditioned on requirement of reasonableness or rationality — Legal Profession Uniform Law (Victoria), s 77

Legal practitionersPractitioner charged with offence — Suspension of practising certificate — Decision made without notice — Whether suspension decision made in material breach of requirements of procedural fairness — Whether suspension power conditioned on requirement of reasonableness or rationality — Legal Profession Uniform Law (Victoria), s 77

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