Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Nervous system - Disturbances of complex, integrated cerebral functions - Impairment limiting daily activities to directed care under confinement at home or in other domicile - "Confinement" - Whether restricted to a legally imposed restraint - Person living in special accommodation home - AMA Guides Ch 2 - Transport Accident Act 1986 (No 111) s 46A.

Administrative law - Victorian Civil and Administrative Tribunal - Reasons for decision - Judicial review - Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Overlapping types of impairment - Disturbances of complex, integrated cerebral functions - Mental and behavioural disorders - AMA Guides Chs 2, 12 - Statutory prohibition on double counting - Failure to consider evidence for either type of impairment - Whether merely a failure to comply with statutory obligation to provide reasons - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 117(2) 117(5) - Transport Accident Act 1986 (No 111) ss 46A 46B.

Administrative law - Victorian Civil and Administrative Tribunal - Practice and procedure - Costs - Order against non-party - Conduct disadvantaging a party - Conduct unreasonably prolonging proceeding - Building owner's claim for damages against company - Company represented by professional advocate - Company director's perjury - False denial that company or director was the builder - Owner succeeding against company - Tribunal ordering director personally to pay costs - Whether power to make order - Whether director was "the representative of a party" - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 62 84 89 109(4)

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction - Building dispute - Large scale staged residential subdivision of land - Civil engineering and infrastructural works - No titles issued - No homes constructed - No contracts for construction of homes - No certificate of compliance issued under subdivision legislation - Disputes between developer and engineering contractors - Developer claiming damages under Domestic Building Contracts Act 1995 - Whether dispute a "domestic building dispute" - "Associated work" - Nexus - Contemporaneity - Inter-related legislative controls - Whether land zoned for residential purposes under subdivision legislation - Domestic Building Contracts Act 1995 (No 91) ss 3 5(1)(a) 5(1)(e) 5(1)(f) 54(1) - Subdivision Act 1988 (No 53) ss 1 21(1) 22(1) - Building Act 1993 (No 126) ss 16 135

Statutes - Interpretation - Guides to interpretation - Number - Words in the singular include the plural - Meaning of "plural" - Context - Guide not to be used if effect is to change operation or effect of legislation - Interpretation of Legislation Act 1984 (No 10096) s 37

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction - Standing - Domestic building dispute - Building works - Defects - Subdivision - Common property - Title - Body corporate - Registered proprietor - Claim by body corporate in respect of works carried out on common property - Tribunal summarily dismissing claim as incompetent - Whether body corporate had any estate or interest in the common property - Interest of unit holders in common property - Inter-locking legislative provisions - Whether inconsistency - "Owner for the time being" - Domestic Building Contracts Act 1995 (No 91) ss 3 53 54(1) 54(3) - Subdivision Act 1988 (No 53) s 28(d) 28(e) - Transfer of Land Act 1958 (No 6399) ss 3(1) 27(7) 97

Administrative law - Victorian Civil and Administrative Tribunal - Discrimination complaint - School student - Learning disability - Tribunal finding complaint proved in part - Tribunal scheduling directions hearing for remedy stage and dismissing remainder of complaint - Appeal to Supreme Court - Appeal against master's grant of leave to appeal - Preliminary issue - Whether VCAT decision appellable - "Order" - Equal Opportunity Act 1995 (No 42) s 136(1) - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148(1)(b) - Supreme Court (General Civil Procedure) Rules 2005 r 77.05.

Administrative law - Victorian Civil and Administrative Tribunal - Appeal to Supreme Court - Leave to appeal - Question of law - Discretion - Appeal grounds impermissibly impugning findings of fact - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148(1).

Medical practitioners and services - Discipline - Medical Practitioners Board - Procedural fairness - Unprofessional conduct - Particulars of allegations - Medical Practice Act 1994 (No 23) s 3(1)(a), 3(1)(b).

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.

Discrimination - Equal opportunity - Indirect discrimination - Impairment - Public education - Student - Learning disability - Condition imposed for access to education - Failure to provide full-time teacher's aide - Whether tribunal impermissibly reformulated condition - Whether condition not reasonable - Whether tribunal impermissibly extended claim period - Loss - Causation - Multiple contributing causes - Commonsense approach - Orders - Validity - Prevention of further contraventions - Equal Opportunity Act 1995 (No 42) ss 4 9 37 136.

Administrative law - Victorian Civil and Administrative Tribunal - Appeal - Error of law - Relevant considerations - Government policy - Procedural fairness - Failure to give notice of scope of directions hearing - Reasons for decision - Inadequacy - Whether tribunal's order involved impermissible delegation to third party - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 97 98 117 148.

Human rights - Victorian Civil and Administrative Tribunal - Whether court can apply Charter principles not applicable to proceeding before tribunal - No retrospective operation - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 8 32 49.

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction - Civil Claims List - Consumer and trader disputes - Excluded disputes - Personal injury claims exceeding $10,000 - Disability benefits insurance policy - Stress and anxiety condition - Cessation of payment of benefit - Claim against insurer - Whether claim excluded - Self-represented party - "Related to personal injury" - Fair Trading Act 1999 (No 16) s 107(3).

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction - Review of administrative decisions - Director of Housing - Tenancy - Decision to apply for eviction order - Validity - Compliance with Charter of Human Rights and Responsibilities - Tribunal lacking jurisdiction to undertake collateral judicial review - Victorian Civil and Administrative Tribunal Act 1998 (No 53) - Residential Tenancies Act 1997 (No 109) ss 1(d) 344 345 446(c) - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 13(a) 32 38 39.

Human rights - Right to home and family - Freedom from unlawful or arbitrary interference - Public housing - Eviction - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 7(2) 13(a) 36 39.

Landlord and tenant - Public housing - Director of Housing - Power - Application for possession order - Validity - Housing Act 1983 (No 10020) s 14(1)(g) - Residential Tenancies Act 1997 (No 109) ss 1(d) 344 345 - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 13(a) 38 39.

Administrative law - Victorian Civil and Administrative Tribunal - Merits review - Occupational licensing - Public transport - Taxi-cab driver licence - Accreditation - Statutory criteria - Suitability - Public care objective - Relevant considerations - Director of Public Transport refusing accreditation - Applicant acquitted of murder on grounds of insanity 18 years earlier - Community expectations - Decision-maker's reliance on fact that applicant was a person who caused death of another person - Decision-maker not bound to consider effect of accreditation on public confidence - Decision-maker posing wrong question - Decision set aside by tribunal - No error of law by tribunal - "Suitable in other respects to provide the service" - Transport Act 1983 (No 9921) Pt VI, Div 6.

Town and country planning - Planning permit - Period of operation - Extension of time - Time for making application for extension - Expiry of permit - Planning authority refusing to accept application made after expiry of permit - "May ask" - Planning and Environment Act 1987 (No 45) s 69(1)

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction to disregard non-compliance with time limit - Victorian Civil and Administrative Tribunal Act 1998 (No 53) Sch 1 cl 62

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.

Legal practitioners - Roll of practitioners - Removal of name - Jurisdiction - Purpose - Protection of public, legal profession, courts, justice system and community confidence in legal system - Fitness to practise - Fit and proper person test - Present and future - Professional misconduct - Contributing factors - Criminal behaviour not necessarily requiring removal of name - Legal Profession Act 2004 (No 99) ss 2.4.42 4.4.17(a)

Administrative law - Victorian Civil and Administrative Tribunal - Regulation of legal profession - Roll of practitioners - Tribunal's limited power to recommend removal of name - Show cause procedure - Principles - Legal Profession Act 2004 (No 99) ss 2.4.42 4.4.17(a)

Administrative law - Victorian Civil and Administrative Tribunal - Jurisdiction - Composition of tribunal - Local government - Exception for orders giving effect to settlement - "Necessary to give effect to" - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 93 Sch 1, cl 46E(1)

Appeal - Leave to appeal - Substantial injustice where lack of jurisdiction below alleged - Public interest in ensuring that administrative tribunals act within jurisdiction.

Administrative law - Victorian Civil and Administrative Tribunal - Findings about impact of variation of licence on viability of licensee's business and liquor industry - Absence of evidence or material to support findings - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 98

Liquor and licensing law - Legislative purpose - Harm minimisation - Licence - Variation - Evidence of violence and alcohol abuse - Whether proof of causal link to licensed premises required - Distinction between general evidence, locality evidence and evidence of specific incidents - Liquor Control Reform Act 1998 (No 94) ss 4 29 47

Statutes - Interpretation - Legislative purpose - Primary purpose - Harm minimisation - Liquor Control Reform Act 1998 (No 94) ss 4 44

Administrative law - Victorian Civil and Administrative Tribunal - Original jurisdiction - Guardianship and administration - Appointment of administrator - Preconditions - Person with disability - Inability to make reasonable judgments about estate - Involuntary psychiatric patient - Numerous admissions over many years - Hospital assessing person as suitable for supported accommodation placement - Patient wanting to return to reside in own home - Likelihood that administrator would decide to sell patient's home - Patient having limited capacity to manage own affairs unsupported - Whether tribunal erred in interpreting appointment provisions - Best interests of disabled person - Least interference principle - Whether appointment of administrator incompatible with human rights and therefore unlawful - Guardianship and Administration Act 1986 (No 58) ss 4(2) 46(1) 46(2) 46(3) 46(4) - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 7(2) 32(1) 32(2) 38(1) 38(2) 39(1)

Human rights - Charter - Applicability - Public authority - Victorian Civil and Administrative Tribunal - Administrative decision-making - Charter of Human Rights and Responsibilities Act 2006 (No 43) s 38

Human rights - Charter - Principle of legality - Right to equality - Right to choose where to live - Right to privacy free from arbitrary interference - Right not to be deprived of property - Deprivation of property not in accordance with law - Challenging discretionary decisions for human rights unlawfulness in error of law appeals - Proportionality - Nature and standard of review - Intensity of review - Victorian Civil and Administrative Tribunal - Tribunal - Deference - Scope of permitted interference with rights and freedoms - Weight and latitude in proportionality analysis - "Arbitrarily" - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 7(2) 32(1) 32(2) 38(1) 38(2) 39(1)

Human rights - Charter - Interpretation - Jurisprudential value of decisions of UN Human Rights Committee - Relevance of Convention on the Rights of People with Disabilities.

Real property — Co-ownership — Dispute between tenants in common — Application to Victorian Civil and Administrative Tribunal for orders for sale of property and distribution of proceeds of sale — Whether pt IV of the Property Law Act 1958 confers jurisdiction on the Tribunal to make declaration and order a co-owner to transfer interest in land to a co-owner — Whether correct legal test for imposition of constructive trust applied — Property Law Act 1958 (Vic), ss 225, 228, 232, 233 — Victorian Civil and Administrative Tribunal Act 1998, s 124

Administrative law — Victorian Civil and Administrative Tribunal — Jurisdiction — Original jurisdiction — Sale or division of co-owned land or goods — Orders — Declaration — Whether authority to determine equitable interests in land — Whether authority to order transfer of interest between co-owners — Property Law Act 1958 (Vic), ss 225, 228, 232, 233 — Victorian Civil and Administrative Tribunal Act 1998, s 124

Administrative law — Victorian Civil and Administrative Tribunal — Domestic building dispute — First proceeding resolved by terms of settlement — Mutual release — Owners commenced second proceeding against builder for defective work — Tribunal found claimed defects not covered by release — Construction of release — Whether Tribunal failed to consider whether owners ought reasonably to have known of claimed defects when terms of settlement signed — Domestic Building Contracts Act 1995 (Vic), ss 8, 10 — Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 117, 148

Contract — Mutual Releases — Interpretation — Settlement of proceeding — Subsequent claim — Whether second claim within scope of release

Administrative law — Victorian Civil and Administrative Tribunal — Jurisdiction and powers of tribunal — Joinder of party — Costs — Whether VCAT can join a person as a party to a proceeding for the sole purpose of making a costs order against that person — Factors relevant to exercise of power to join — Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 60(1)(c), 109

Administrative law — Victorian Civil and Administrative Tribunal — Jurisdiction and powers of tribunal — Costs — Costs against third party — Application for costs against director of insolvent respondent — Factors relevant to making costs order against joined party — Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 60, 109

Landlord and tenant — Retail premises lease — Forfeiture for non-payment of rent — Relief against forfeiture — Equitable jurisdiction of the Tribunal — Discretion of VCAT to extend time for compliance with prior self-executing order — Whether Tribunal functus officio — Retail Leases Act 2003 (Vic), s 89 — Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 98(3), 119, 126, 130, 131

Administrative law — Victorian Civil and Administrative Tribunal — Original jurisidiction — General procedure — Self-executing orders — Extension of time for compliance with prior order — Whether Tribunal functus officio — Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 98(3), 119, 126(2)(a), 130, 131