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.

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.

Administrative law - Tribunals - Victorian Civil and Administrative Tribunal - Practice and procedure - Powers - Compulsory conference - Notice requiring personal attendance - Non-attendance - Reasonable excuse - Explanation - Claim against solicitor and counterclaim - Solicitor electing to appear at interstate hearing on day appointed for conference - Orders made in favour of claimant - Power to reopen order - Tribunal refusing rehearing application - Status of compulsory conference - "Hearing" - "Proceeding" - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 3 83 84 87 89 100 120

Administrative law — Tribunals — Victorian Civil and Administrative Tribunal — Claims of sexual harassment and victimisation contrary to Equal Opportunity Act 2010 — Whether subject to Limitation of Actions Act 1958 — Whether the Tribunal a ‘court’ for purposes of Limitation of Actions Act 1958 — Equal Opportunity Act 2010 (Vic), ss 92, 103, 104, 188 — Limitation of Actions Act 1958 (Vic), ss 3, 5

Limitation of actions — Victorian Civil and Administrative Tribunal — Claim for sexual harassment and victimisation contrary to Equal Opportunity Act 2010 — Events more than six years prior to filing of proceeding in Tribunal — Whether limitation period applicable — Whether the Tribunal a ‘court’ for purposes of Limitation of Actions Act 1958 — Whether claim for contravention of the Equal Opportunity Act 2010 an action founded on tort — Equal Opportunity Act 2010 (Vic), ss 92, 103, 104, 188 — Limitation of Actions Act 1958 (Vic), ss 3, 5

Administrative law — Tribunals — Victorian Civil and Administrative Tribunal — Jurisdiction — Local government — Application to stand down Councillor under s 229 Local Government Act 2020 (Vic) — Whether jurisdictional precondition for application — Local Government Act 2020 (Vic), ss 224, 229

Local government — Councillors — Misconduct — Councillor charged with serious offences — Application to Tribunal stand down Councillor — Jurisdiction of Tribunal — Local Government Act 2020 (Vic), ss 171, 224, 229

Statutory interpretation — Local Government Act 2020 (Vic) — Victorian Civil and Administrative Tribunal — Jurisdiction of Tribunal — Whether inconsistency between sections of Local Government Act — Whether to depart from literal meaning — Whether obvious drafting error — Whether applying literal meaning of legislation would lead to absurd or unintended result — Whether clear identification of words omitted or to be added to meet identified legislative intent — Local Government Act 2020 (Vic), ss 224, 229

Human Rights — Charter of Human Rights and Responsibilities — Participation in public affairs — Presumption of innocence — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 18, 25, 32

Planning and environment — Permit for development — Amendment — Permit granted for commercial development of dwellings — Proposed amendment to permit to construct residential hotel — Whether proposed amendment lawful — Whether proposed amendment impermissible as a transformation of permitted development — Meaning of ‘amendment’ — Planning and Environment Act 1987 (Vic), ss 3, 72

Administrative law — Tribunals — Summary dismissal — Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 75

Administrative law — Tribunals — Merits review — Power of tribunal to amend documents in the proceeding — Application to review refusal to approve work plan variation — Applicant seeking to substitute work plan variation — Whether tribunal’s power to amend engaged — Whether in substance Tribunal would be reviewing original decision or making original decision — Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 127

Words and phrases — ‘amend’ — ‘document in a proceeding’ — ‘decision’

Insurance — General insurance — Third party beneficiary — Builder required to obtain insurance against damage to adjoining property — Whether insurance for building party’s liability for damage to adjoining property satisfied statutory obligation — Distinction between property damage insurance and liability insurance — Building Act 1993 (Vic), s 93(1)(a) — Insurance Contracts Act 1984 (Cth), ss 11, 20, 48

Practice and procedure — Judicial review — Resolution by consent — Agreement of parties to set aside decision — Independent consideration by Court of whether to make orders

Administrative law — Tribunals — Whether jurisdictional error in exercise of decision-making power — Conceptual considerations

Administrative law — Tribunals — Victorian Civil and Administrative Tribunal — Powers — Functions of Principal Registrar of Tribunal — Co-owned property dispute — Tribunal made orders for sale of co-owned property — Orders empowering Principal Registrar to appoint real estate agent or solicitor if parties could not agree — Orders empowering Principal Registrar to execute any necessary document in the sale where party refused — Whether Tribunal had power to make orders — Whether Principal Registrar permitted to exercise functions conferred by such orders — Property Law Act 1958 (Vic), ss 228, 232 — Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 32