Appeals — Special bar to appeal to the Full Court — Interlocutory order — Onus of proof — Conditions precedent to granting of special leave to appeal — Supreme Court Act 1900 (No. 1696), s. 2 (1) (6).

Appeals — Leave to appeal — Ex parte application to the Full Court — Notice to other side, when given — Supreme Court Act 1900 (No. 1696), s. 2(1)(b), sub-s. (4) — Appeal Book, necessity for — Submission of Appeal Book to primary Judge — "Rules of the Supreme Court 1900" — Order LVIII., r. 7.

Real property - Voidable transactions - Motivation - Intent to defraud - Indicia of fraud - Inference - Property transferred to thwart enforcement of prospective civil liability - Civil claim for damages arising from alleged sexual assaults - Defendant facing criminal trial arising from same conduct - Transfer to transferor's wife - Adequacy of consideration - Natural love and affection - Wife's payment of transferor's legal expenses of defence of criminal charges - Property Law Act 1958 (No 6344) s 172(1)

Appeals - Appellate intervention in face of credibility findings by trial judge - Need for assessment of all relevant evidence - Trial judge's failure to properly evaluate evidence and give reasons.

Appeals — Court of Appeal — Civil appeal — Application for leave to appeal against decision of Victorian Civil and Administrative Tribunal constituted by presidential member — Supreme Court Act 1986 ss 14A–14D — Victorian Civil and Administrative Tribunal Act 1998 s 148

Statutory interpretation — Interpretation of two State Acts – Whether inconsistency arises — Whether `real prospects of success' test inconsistent with `sufficient doubt' test

Building contract — Applicant's breach of contract resulted in slab heave and structural distress in respondents' house — Damages — Whether Tribunal erred in assessing damages as cost of demolishing and rebuilding house

Judicial review — Whether Tribunal failed to provide adequate reasons for decision

Equity — Fiduciary obligations — Commercial relationship governed by contract — Factors relevant to existence of fiduciary relationship — Whether fiduciary relationship existed

Contract — Construction and interpretation — Agreement governing construction and operation of adventure golf course between manager and developer — Where separate management agreement between landowner and manager — Where agreement duration depended upon occupation of site ‘in accordance with’ management agreement — Whether agreement duration extended to renewal or ‘holding over’ of management agreement

Appeals — Issue not raised at trial — Where conduct at trial reveals departure from pleaded claim — Issue as to construction and interpretation of contract — Whether applicant permitted to raise issue on application for leave to appeal