Limitation of actions — Negligence — Motor vehicle accident in 2016 — Power to grant extension of time where ‘just and reasonable’ — Applicable standard of appellate review — Limitation of Actions Act 1958 (Vic), s 23A

Judicial review — Decision of superior court — Transfer of proceedings between courts — Determination by Supreme Court Judicial Registrar not to transfer Magistrates’ Court proceeding to Supreme Court — Whether determination judicial or administrative in character — Whether judicial review available against judicial officer of superior court exercising judicial power — Courts (Case Transfer) Act 1991 (Vic), ss 16, 17 — Constitution Act 1975 (Vic), s 75(2)

Wills and estates — Construction of testamentary disposition — Application for judicial advice — Non-existent beneficiary — Deceased had relationship with purported person over the internet and named that person in will as principal beneficiary — Principal beneficiary did not exist in the manner understood by the deceased, or at all — Whether executor entitled to distribute estate without regard to principal beneficiary’s interest — Whether gift to principal beneficiary ineffective — Whether principal beneficiary had failed to ‘survive’ deceased — Whether ‘gift over’ saved

Constitutional law — Inconsistency between Commonwealth and State laws — Commonwealth consumer protection legislation — State building and construction industry security of payment legislation — Adjudication of payment claim under State security of payment legislation in favour of builder — Proceeding to register judgment for adjudication certificate — Owner sought to raise claim under Commonwealth consumer legislation in proceeding — Whether provisions of State legislation varied, detracted from, or impaired Commonwealth law — Whether rights under respective laws operated concurrently — Building and Construction Industry Security of Payment Act 2002 (Vic), ss 28M, 28O, 28R(1)–(5) — Competition and Consumer Act 2010 (Cth), s 131C, sch 2 ss 18, 232, 234, 236, 237 — Commonwealth Constitution, s 109 Building contracts — Security of payment legislation — Obligation to pay amount of adjudication determination — Determination subsequently corrected — Whether time of obligation to pay reset upon issue of corrected determination — Building and Construction Industry Security of Payment Act 2002 (Vic), ss 23, 23A, 24, 28M(2)(a)

Real property — Co-ownership — Sale — Timeshare resort operated by company — Property of resort co-owned by 730 registered members with 1,386 titles — Resolution passed for company to make an application for appointment of trustees to consolidate titles and sell land — Whether appropriate to appoint trustees for sale — Whether it was appropriate to make ancillary orders

Industrial law — Long service leave — Construction Industry Long Service Leave Fund — Power station operator — Maintenance workers — Whether employer required to pay long service leave charge for workers employed to maintain power station — Whether operator of power station in the ‘construction industry’ — Whether ‘substantial character’ of industry in which employer engaged determinative of question — Rules of the Construction Industry Long Service Leave Fund, r 1 — Construction Industry Long Service Leave Act 1997 (Vic), s 3(2) Words and phrases — ‘construction industry’ — ‘construction work’ — ‘routine or minor nature’

Criminal law — Interlocutory appeal — Use of DNA evidence — Forensic matching — Familial DNA search — Evidence Act 2008 (Vic), s 138 — Crimes Act 1958 (Vic), ss 464ZGH, 464ZGI Words and phrases — ‘permissible matching’ — ‘familial DNA matching’

Trusts and trustees — Judicial guidance — Charitable trust — Winding up of trust — Liquidators of trustee of charitable trust sought approval to distribute remaining assets to identified charity — Whether trust deeds conferred power of distribution on trustee — Whether appropriate to give guidance sought by liquidators — Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 54.02

Companies — Directors — Resignation — Date of director’s cessation from company — Resignation not registered until after 28 days — Application to fix earlier date as effective date — Corporations Act 2001 (Cth), s 203AA

Practice and procedure — Abuse of process — Parallel proceedings — Two proceedings between same parties with same factual substratum — Separate relief sought — Prima facie position of abuse of process — Whether displaced Real property — Caveat — Lapsing notice — Commencement of proceedings to substantiate claim of caveator — Whether NSW District Court ‘court of competent jurisdiction’ for the purposes of proceedings to vindicate caveat over Victorian land — Transfer of Land Act 1958 (Vic), s 89A — Jurisdiction of Courts (Foreign Land) Act 1989 (NSW), ss 3, 4 — District Court Act 1973 (NSW), s 44(1)(c1) Words and phrases — ‘court of competent jurisdiction’

Costs — Magistrates’ Court of Victoria — Criminal proceeding — Application by accused for costs — Application made several days after Magistrate made orders disposing of proceeding — Magistrate refused application — Whether Magistrates’ Court had jurisdiction to order costs in criminal proceeding after the entry of final orders — Whether Magistrates’ Court functus officio or no longer having authority in the matter — Magistrates’ Court Act 1989 (Vic), s 131(1) — Criminal Procedure Act 2009 (Vic), s 401(1)

Bankruptcy — Standing — Discharged bankrupt bringing proceedings — Cause of action a chose in action vested in trustee in bankruptcy — No assignment of chose in action or consent from trustee in bankruptcy to bringing of action — Whether automatic revesting of cause of action in discharged bankrupt — Bankruptcy Act 1966 (Cth), ss 58, 60, 116 Trusts — Resulting trust — Constructive trust — Family law property settlement — Statutory power of family court to make orders altering the interests of parties in property or the interests of trustee in bankruptcy in property vested in trustee — Whether statutory source of power could create equitable interests in property prior to court order — Family Law Act 1975 (Cth), s 79

Criminal law — Fitness to stand trial — Finding of permanent unfitness — Non-compliance with three-month time limit to hold special hearing into fitness — Whether delayed special hearing invalid — Whether fresh indictment required new finding of unfitness — Whether permanent stay justified — Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), ss 6, 9, 14F

Criminal law — Interlocutory appeal — Application for review of refusal of trial judge to certify interlocutory decision — Evidence — Admissibility — Complainant’s sexual history — Trial judge excluded evidence — Refusal to certify interlocutory decision — Whether error in refusal — Whether admissibility of complainant’s sexual history evidence matter which ‘concerns the admissibility of evidence’ — Whether such evidence, if ruled inadmissible, ‘would eliminate or substantially weaken the prosecution case’ — Whether error in refusal to certify — Whether application for leave to appeal competent — Criminal Procedure Act 2009 (Vic), ss 295, 296, 297, 342, 349 Words and phrases — ‘concerns the admissibility of evidence’

Planning and environment — Planning Scheme — Precinct Structure Plan — Development to be ‘generally in accordance’ with plan — Land designated in plan as site for ‘potential government school’ — Whether alternative use permitted Words and phrases — ‘potential’ — ‘generally in accordance with’

Criminal law — Appeal — Sentence — Offender aged 17 or 18 at time of offence — For purpose of sentencing, judge treated offender as a child aged 17 at time of offending — Whether appropriate to sentence offender as an adult for offence committed as a child — Whether weight to be given to general deterrence and denunciation in sentencing adult for offences committed when a child — Sentencing Act 1991 (Vic), s 5(1) — Children Youth & Families Act 2005 (Vic), s 362(1)

Mortgages — Equity of redemption — Where mortgagor proposes to pay judgment sum but not further amounts claimed by mortgagee — Whether mortgagor entitled to order that mortgagee execute discharge of mortgage Practice and procedure — Application for stay of execution of judgment for possession and judgment debt, pending refinance — Refinance conditional upon discharge of mortgage — Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 66.16

Wills and estates — Probate — Revocation — Application by co-executor for revocation of grant of probate to other executor — Whether conduct subsequent to grant of probate could be grounds for revocation — Whether revocation of probate warranted

Companies — Whistleblower — Protections under pt 9.4AAA of Corporations Act 2001 (Cth) — Detrimental conduct against person making or able to make protected disclosure — Suspicion or belief that employee had made protected disclosure — Employer engaged in detrimental conduct by threat to terminate employment — Test for liability — Whether person who made threat of termination suspected or believed that the plaintiff made, may have made, proposed to make or could make a qualifying disclosure — Corporations Act 2001 (Cth), pt 9.4AAA, ss 1317AA, 1317AD, 1317AE

Landlord and tenant — Residential tenancy — Subtenancy — Recovery of possession — Rental providers’ application for possession of rented premises — Premises subject to subtenancy — Renter served with notice to vacate — No notice to vacate served on subtenants — Subtenants notified of proceeding — Order for possession granted on basis of notice — Whether jurisdiction to make order for possession against subtenants properly invoked — Residential Tenancies Act 1997 (Vic), ss 91R, 91ZZB, 91ZZJ, 334

Workers compensation — Interpretation — Meaning of ‘compensation’ in s 326 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) — Whether compensation under section confined to compensation under that Act or extended to compensation under any statutory workers’ compensation regime in any jurisdiction — Accident Compensation Act 1985 (Vic), ss 80, 82(1), 82(6) and 134AB(1) — Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), ss 37, 39(1), 39(3) and 326

Practice and procedure — Evidence — Witnesses — Witness based in China and subject to travel restrictions — PRC Civil Procedure Law prohibited taking of evidence from a China-based witness without permission of competent Chinese authorities — Letter of request to judicial authority to facilitate audio-visual examination and cross-examination — Whether letter of request should be sent — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters — Supreme Court (General Civil Procedure) Rules 2025 (Vic), rr 41.01(1)(b), 41.13 Conflict of laws — Civil proceedings — Taking evidence abroad — Witness based in China and subject to travel restrictions — Whether letter of request should be sent — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters — Supreme Court (General Civil Procedure) Rules 2025 (Vic), rr 41.01(1)(b), 41.13

Arbitration — Arbitration agreement — Construction — Parties to contract commencing separate arbitrations before different tribunals — Hybrid arbitration clause providing for arbitration to be ‘conducted by the Resolution Institute in accordance with the ICC Rules of Arbitration’ — Workability of hybrid arbitration clauses — Jurisdiction of arbitral tribunal — Whether arbitrator entitled to apply Kompetenz-Kompetenz principle to determine authority to arbitrate — Which of two arbitration proceedings should continue

Practice and procedure — Dismissal of proceeding for want of prosecution — Whether primary judge applied correct test — Whether Court obliged to have regard to the efficient conduct of its business, efficient use of its resources, minimisation of delay, and the timely determination of proceedings — Whether inordinate and inexcusable delay — Whether justice of occasion demands dismissal — Civil Procedure Act 2010 (Vic), ss 7, 8, 9, 25 — Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 5.12, ord 24

Administration and probate — Intestacy — Application for distribution order — Multiple partners of deceased — Deceased survived by estranged spouse and unregistered domestic partner — Claim for entirety of estate — Whether claimant an unregistered domestic partner of deceased at time of death — Whether just and equitable to allocate whole of residuary estate to one partner to exclusion of other — Administration and Probate Act 1958 (Vic), ss 3(1), 70ZA, 70ZD, 70ZE Words and phrases — ‘just and equitable’

Tort — Battery — Lawful justification — Self-defence — Effecting arrest — Use of force by police to effect arrest — Protest — Police deployed oleoresin capsicum foam on protesters — Whether police officers had lawful justification for use of force — Crimes Act 1958 (Vic), ss 322K, 322N, 458, 459, 462A — Summary Offences Act 1966 (Vic), s 6 Damages — Tort — Non-economic loss — Restriction on recovery — Exception — Whether impacts of oleoresin capsicum foam an ‘injury’ — Whether use of oleoresin capsicum foam an intentional act done with intent to cause injury — Wrongs Act 1958 (Vic), ss 28LB, 28LC Evidence — Status of Victoria Police manuals — Manuals issued by Chief Commissioner of Police — Victoria Police Act 2013 (Vic), ss 60, 61 Human rights — Protection from inhuman or degrading treatment — Freedom of movement — Peaceful assembly — Whether plaintiff had right to seek relief or remedy — Whether police conduct incompatible with human rights — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 10(b), 12, 16(1), 38(1), 39(1) — Victoria Police Act 2013 (Vic), ss 73, 74, 75 Words and phrases — ‘injury’ — ‘reasonable grounds’

Criminal law — Appeal — Commonwealth offences — Sentence of Children’s Court — Whether questions of law be reserved for Court of Appeal — Whether general deterrence applied to sentencing children for federal offences in Children’s Court — Children, Youth and Families Act 2005 (Vic), ss 362, 430VA — Crimes Act 1914 (Cth), s 19B — Judiciary Act 1903 (Cth), ss 68, 79(1)

Practice and procedure — Evidence — Witnesses — Letter of request to judicial authority to facilitate audio-visual examination and cross-examination — Witness based in China and subject to travel restrictions — PRC Civil Procedure Law prohibited taking of evidence from a China-based witness without the permission of the competent Chinese authorities — Whether letter of request should be sent — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters — Supreme Court (General Civil Procedure) Rules 2025 (Vic), rr 41.01(1)(b), 41.13 Conflict of laws — Civil proceedings — Taking evidence abroad — Witness based in China and subject to travel restrictions — Whether letter of request should be sent — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters — Supreme Court (General Civil Procedure) Rules 2025 (Vic), rr 41.01(1)(b), 41.13

Criminal law — Interlocutory appeal — Theft of property — Cryptocurrency — Allegation that applicant dishonestly appropriated Bitcoin belonging to another — Whether Bitcoin ‘property’ for the purposes of theft charge — Whether Bitcoin mere information — Crimes Act 1958 (Vic), ss 71–2 Words and phrases — ‘Bitcoin’ — ‘property’

Companies — Winding up — Leave to proceed against company in liquidation — After appointment of interim receivers to company, director of lessor company purported to cause company to grant lease over premises — Whether lease binding on lessor — Putative tenant seeking to enforce lease — Tenant seeking relief against forfeiture — Whether leave to proceed against lessor should be granted — Corporations Act 2001 (Cth), ss 420, 471B

Practice and procedure — Costs — Mortgage dispute — Mortgagor alleged mortgagee invalidly appointed receivers — Mortgagee successful at trial but on appeal receivers found to be invalidly appointed — Mortgagee awarded 75 per cent of costs of trial — Contract excluded mortgagee’s liability for ‘attempted’ or ‘purported’ exercise of power under mortgage — Mortgagee rejected offers to compromise claim — Whether mortgagee entitled to costs — Whether costs discretion should be exercised in accordance with terms of contract — Supreme Court Act 1986 (Vic), s 24 — Supreme Court (General Civil Procedure) Rules 2025 (Vic), rr 63.13, 63.26

Defamation — Concerns notice — Excluded corporation — Serious financial loss — Whether concerns notice informed publisher of serious financial loss to corporation — Whether imputations particularised in notice — Whether pleaded imputations substantially the same — Defamation Act 2005 (Vic), ss 9, 10A, 12A, 12B Words and phrases — ‘concerns notice’ — ‘serious financial loss’

Torts — Negligence — Duty of care — Existence — Novel duty — Salient features — Particular property identified as gift for beneficiary under will — Sale of property before testator’s death — Whether attorney acting for testator owed duty of care to beneficiary under will — Content of common law duty of attorney when making decisions on behalf of incapacitated donor — Conflicting or incompatible duties — Inconsistency with relevant legislation — Wills Act 1997 (Vic), ss 21(2), 21B(b) — Powers of Attorney Act 2014 (Vic), ss 21, 63, 116, 121

Prisons and prisoners — Right to be in open air — Whether access to particular yards gave prisoner time ‘in the open air’ — United Nations Standard Minimum Rules for the Treatment of Prisoners, r 23(1) — Corrections Act 1986 (Vic), s 47(1)(a) Human rights — Right to privacy — Right to humane treatment when deprived of liberty — Prisoner not permitted to dress in private immediately after strip searches — Whether non-compliance with regulatory requirements for strip searching amounted to unlawful interference with prisoner’s human rights — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 13(a), 22(1), 38(1) — Corrections Regulations 2019 (Vic), r 86(2)(e) Practice and procedure — Application to re-open case during closing submissions — Plaintiff sought relief in relation to onerous conditions of detention — Evidence of potential relevance to plaintiff’s behaviour in prison emerged after evidentiary case closed — Whether to grant defendants leave to re-open case — Whether feasible to determine some issues in a separate judgment

Criminal law — Appeal — Conviction — Prosecution opening — Evidence — Failure of complainants to give evidence according with prosecution opening — Trial judge declined to take discrepancy into account — Whether substantial miscarriage of justice Criminal law — Judicial review — Sexual offending — Order made for sex offender registration for fixed duration — Whether trial judge erred in fixing duration — Sex Offenders Registration Act 2004 (Vic), ss 11, 34 Evidence — Criminal law — Witness credibility — Failure of witness to give evidence in accordance with prosecutorial opening — Whether absence of evidence a matter to be taken into account in assessment of witness’ credibility and reliability — Evidence Act 2008 (Vic), ss 101A, 102, 103

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

Criminal law — Restricted evidence — Access — Whether Court empowered to appoint amicus curiae to assist it in determining whether restricted evidence should be released to accused — Whether Court should appoint amicus curiae — Whether amici should have access to restricted evidence — Constitution Act 1975 (Vic), s 85 — Major Crime (Investigative Powers) Act 2004 (Vic), s 43A Practice and procedure — Amicus curiae — Jurisdiction to appoint — Whether amicus curiae should have access to restricted evidence provided to Court — Major Crime (Investigative Powers) Act 2004 (Vic), s 43A

Negligence — Transport accident — Whether motor vehicle an ‘unidentified vehicle’ — Requirement to make reasonable inquiries — Nature and extent of necessary enquiries — Requirement to give notice — Material prejudice — Transport Accident Act 1986 (Vic), s 96

Criminal law — Practice and procedure — Juries — Separation oath — Timing — Oath administered to jury at commencement of trial — Oath not administered proximate to jury’s separation during deliberation — Whether failure to do so a fundamental irregularity — Juries Act 2000 (Vic), s 50, sch 5

Criminal law — Appeal — Sentence — Federal offence of causing a person to enter into a forced marriage — Formulation of sentence — Assessment of moral culpability — Whether consideration of customary law or cultural practice of accused precluded by statute — Crimes Act 1914 (Cth), ss 16A(1), (2A) — Criminal Code (Cth), s 270.7B(1) Criminal law — Appeal — Sentence — Federal offence of causing a person to enter into a forced marriage — Death of daughter of accused following commission of offence — Whether mitigatory effect on sentence — Imposition of immediate term of imprisonment — Whether sentence manifestly excessive Words and phrases — ‘criminal behaviour’

Costs — Taxation — Foreign lawyers retained by party and non-party in respect of defamation proceeding in Victoria — Local lawyers retained as solicitors on record — Foreign lawyers’ fees claimed as disbursement in local lawyers’ bill of costs — Whether disbursement recoverable on taxation — Whether party personally liable for foreign lawyer fees — Whether foreign lawyer fees precluded from recovery by principle of indemnity — Whether non-party the ‘real party’ in proceeding Legal practitioners — Regulation — Scope and form of practice — Provision of legal services by foreign law firm — Whether foreign law firm provided services as principal or as agent of local lawyers — Whether provision of services involved practising foreign law — Whether provision of ‘legal services’ — Whether provision ‘in Australia’ — Legal Profession Uniform Law Application Act 2014 (Vic), sch 1 ss 6, 10, 69

Practice and procedure — Tort — Personal injury claim — Significant injury — Referral to Medical Panel — Service of certificates of assessment and prescribed information — When service effective — Interaction of s 28LT of Wrongs Act 1958 (Vic) with County Court — Civil Procedure Rules 2018 (Vic) — Wrongs Act 1958 (Vic), pt VBA Words and phrases — ‘serve’ — ‘service’

Criminal law — Appeal from Magistrates’ Court — Offence of ‘sexual activity directed at another person’ — Meaning of ‘sexual activity’ — Whether unsolicited exposure of genitals by video constituted ‘sexual activity’ — Crimes Act 1958 (Vic), ss 35D, 37A, 37B, 48

Real property — Restrictive covenant — Enforcement — Effect of notification of covenant on title — Whether restrictive covenant ‘touched and concerned’ benefitted land — Whether onus of proof on party seeking to enforce covenant against successor in title to original covenantor — Transfer of Land Act 1958 (Vic), ss 41, 42, 88 Real property — Restrictive covenant — Whether breach of restrictive covenant — Construction — Implication of terms — Clause of covenant requiring consent of proprietor of benefitted land — Whether consent subject to condition that it not be unreasonably withheld — Evidence — Whether expert evidence admissible Real property — Restrictive covenant — Court’s discretion to modify covenant — Whether continued existence of covenant ‘would impede the reasonable user of the land without securing practical benefits to other persons’ — Whether modification of covenant would ‘not substantially injure the persons entitled to the benefit of the restriction’ — Admissibility of evidence — Whether expert evidence admissible — Property Law Act 1958 (Vic), s 84 Trade practices — Competition — Whether restrictive covenant had purpose, effect or likely effect of substantially lessening competition — Whether competition in market for land a form of proscribed competition — Competition and Consumer Act 2010 (Cth), s 45

Contract — Interpretation — Limitation of liability — Borrower entered loan agreement expressly in capacity as trustee — Trustee entitled to indemnity out of trust assets — Loan agreement provided for limitation on recourse of lender to trustee — Whether liability of trustee under loan agreement limited by clause providing for limitation on recourse of lender Trust and trustees — Contract entered in capacity as trustee — Indemnity out of trust fund — Limitation on recourse — Whether limitation of liability or of enforcement

Planning and environment — Planning scheme — Non-residential use in neighbourhood residential zone — Repeat appeal — Whether wrong statutory test applied — Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148 — Planning and Environment Act 1997 (Vic) — Banyule Planning Scheme, cl 32.09 Administrative law — Planning and environment — Appeal — Revised plans — Repeat appeal

Criminal law — Child — Accused child not guilty of murder by reason of mental impairment — Whether child can be remanded to youth justice facility pending making of supervision order — Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), s 24(1) — Children, Youth and Families Act 2005 (Vic), s 516(1) — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 23(1), 32(1) Practice and procedure — Artificial intelligence — Use of artificial intelligence in preparation of written submissions — Obligation of counsel and solicitors to ensure accuracy of any document filed with court