Real property - Domestic partners - Property interests - Adjustment - Relevant considerations - Post-separation contributions - Global approach to assessment - Effect of domestic violence - Property Law Act 1958 (No 6344) ss 282 285.

Confidential information - Unauthorised disclosure - Remedies - Damages - Lord Cairns' Act - Whether available where no injunction sought - Whether damages for mere distress available - Whether aggravated damages available - Supreme Court Act 1986 (No 110) s 38.

Tort - Intentional torts - Intentional infliction of mental distress - Scope of action - Requirement of proof of recognised psychiatric illness.

Tort - Privacy - Publication of videotape of sexual activity - No tort of invasion of privacy.

Costs - Costs following the event - Discretion to depart from usual order - Relevant considerations - Very adverse credibility findings against both parties - Successful party allowed 75% of costs.

Judgments, orders and declarations - Interest - Entitlement - Order adjusting property interests - "Debt or sum certain" - "A debt or damages" - Property Law Act 1958 (No 6344) Pt IX - Supreme Court Act 1986 (No 110) ss 38 58(1) 60(1)

Defamation - Practice and procedure - Consolidation orders - Rarity - Governing principles - Two proceedings against same defendants - Statutory scheme requiring leave in specified circumstances - Ruling that leave not required - Proceedings later consolidated - Indexed statutory limit on compensatory damages - Limit applicable regardless of number of causes of action - Limit inapplicable to aggravated damages - Consolidation order inconsistent with statutory scheme - Defamation Act 2005 (No 75) ss 23 35.

Planning and environment - Environment protection and conservation - Policy guidelines - Precautionary principle - Waterways - Water quality - Potable water supply catchment - Building permits - Dwellings - Density - On-site effluent disposal - Relevant considerations - Risk of environmental damage - Risk assessment and management - Cumulative risk of adverse effects on potable waters - Victorian Civil and Administrative Tribunal allowing appeal against refusals of permits - Whether tribunal misstated and misapplied precautionary principle - Planning and Environment Act 1987 (No 45) ss 60 84B(2)(e) - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 84B(2)(e) 148

Equity - Estoppel - Promissory estoppel - Detriment - Reliance - Discretionary trust - Family dispute - Failure to make good promise unsupported by consideration not per se detriment.

Practice and procedure - Parties - Substitution - Appeal - Death of respondent before appeal heard - Deceased party's will not yet proved - Allegations against deceased party that will affected by estoppel or constructive trust - Validity of will and title of executor not affected by possible finding of estoppel or constructive trust - Executor substituted as party - Supreme Court (General Civil Procedure) Rules 2005 rr 9.09 16.03.

Appeal - Attack on trial judge's factual findings - Witnesses - Credit - Family dispute - Evidence about family finances and inheritance - Alleged promissory representations - Passage of time - Advantages of trial judge - Inherent limitations of appellate court - No basis established for disturbing findings.

Costs - Costs of and incidental to proceeding - Supreme Court Act 1986 (No 110) s 24.

Criminal law - Sentence - Sexual offences - Children - Sexual assaults on child under 16 - Offences committed outside Australia - Child sex tourism legislation - Scope and purpose - Premeditated sexual assaults - Opportunistic sexual assaults - Legislative prohibitions equally applicable where intention to commit offence formed while overseas - Sentencing factors - Weight - Delay in prosecution - Offender's rehabilitation between arrest and sentence.

Criminal law - Sentence - Sexual offences - Sex offenders registration - Reporting obligations - Whether relevant to sentencing - Sentence not manifestly excessive - Sentencing Act 1991 (No 49) s 5(2BC) - Sex Offenders Registration Act 2004 (No 56) s 34

Constitutional law - Commonwealth and State legislation - Inconsistency - Operational inconsistency - Commonwealth sex tourism offences - Sentencing - State sex offenders registration - Applicability to federal offenders - Commonwealth Constitution s 109 - Judiciary Act 1903 (Cth) ss 16A(2) 68(1) 79(1) - Crimes Act 1914 (Cth) ss 50BA 50BC

Criminal law - Sentence - Mitigation - Remorse - Koori Court - Functions - Offender's voluntary participation in sentencing conversation - Aboriginal customary law - Shaming - Offender not permitted to "hide behind counsel" - Assault, causing injury intentionally, threat to kill, false imprisonment - Rehabilitation the dominant consideration - Sentence manifestly excessive - County Court Act 1958 (No 6230) ss 4A 4B 4C 4D 4E 4F 4G

Practice and procedure - Victorian Civil and Administrative Tribunal - Settlement offers - Statutory regime - Calderbank offer - Whether capable of amounting to statutory offer - Acceptance - Tribunal power to permit withdrawal of offer - Scope of power - Criteria - Withdrawal after acceptance - Costs - Tribunal's power to make costs order - Relevance of Calderbank offer - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 109 112(1) 114(3).

Criminal law - Sentencing - Aggregate sentences - Continuing criminal enterprise ("CCE") offender - Qualifying offences - Offences committed before CCE legislation commenced - Obtaining property and financial advantage by deception - Numerous counts - "Qualifying offences" - Sentencing Act 1991 (No 49) Pt 2B ss 6H 6I

Statutes - Interpretation - Retrospectivity - Presumption against - Continuing criminal enterprise ("CCE") legislation - Qualifying offences - Offences committed before CCE legislation commenced.

Criminal law - Sexual offences - Incest - Evidence - Admissibility - Credibility of complainant - Evidence in chief - Evidence to discredit complainant - Finality rule - Exceptions - Alleged bias of witness - Evidence of complainant's reputation as liar - Expert evidence - Human behaviour - Expert evidence regarding infantile amnesia admissible - Delay - Kilby direction - Longman direction - Liberato direction - Crimes Act 1958 (No 6231) ss 61 607 - Crimes (Sexual Offences) (Further Amendment) Act 2006 (No 76) s 3

Precedent - Court of Appeal - Not strictly bound by previous decisions - Criteria for departing from earlier decision - Practice - Decision by court of three - Reconsideration by court of five - Whether greater freedom to depart from earlier decision.

Insurance - Double insurance - Contribution - Liability insurance - Time for determining existence of double insurance - Non-party to policy - Whether double insurance - Whether insurer liable to non-party under policy - Whether liability contingent on making of claim by non-party - Whether co-insurer paying amount of loss liable to do so - Whether co-insurer entitled to contribution - Officious intervener rule inapplicable - Insurance Contracts Act 1984 (Cth) ss 48 54 76.

Contract - Terms - Implied term - Sale of hotel business - Express conditions - Regulatory and gambling approvals - Conditions not satisfied - Purchaser's continuing implied obligation to pursue approvals - Purchaser failing to take steps.

Contract - Remedies - Termination - Entitlement - Breach of implied term - Repudiation - Acceptance of repudiation.

Criminal law - Sexual offences - Maintaining sexual relationship with child under 16 - Evidence - Sufficiency - Requirement of proof offence committed on three occasions - Specificity - Extent - Evidence of course of conduct - One offending act not distinguished from another - Insufficient - Proviso not applicable - "Occasion" - Crimes Act 1958 (No 6231) ss 47A 568.

Negligence - Duty of care - Public authority - Highway authority - Municipal council - Pedestrian slipping on temporary footpath - Whether council acting as highway authority - Whether immunity conferred by statute - Transport Act 1983 (No 9921) s 37A.

Negligence - Occupier's liability - Duty - Municipal council - Temporary footpath - Whether council occupier of temporary footpath - Special duty formulated in Brodie v Singleton Shire Council - Pedestrian's obligation to take reasonable care for own safety - Obvious risks - Wrongs Act 1958 (No 6420) s 14B.

Human rights - Self-incrimination - Common law privilege - Scope - Direct use immunity - Derivative use immunity - Statutory abrogation - Organised crime offences - Investigation - Legislative regime of compelled testimony - Use of evidence derived from compelled testimony - Legislative conferral of direct use immunity - Whether limited immunity demonstrably justified in a free and democratic society - Fair hearing - Necessary limitations - Major Crime (Investigative Powers) Act 2004 (No 79) s 39 - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 7(2) 24(1) 25(2)(k) 32.

Criminal law - Sentencing - Director's appeal - Criminal responsibility - Degree - Ascertainment - Offenders' deprived background - Relevance - Aboriginality - Alcoholism - Dysfunctional family life - Recidivism - Evidence of disadvantage - Community protection - Paramount sentencing consideration in cases of unprovoked, random and savage attacks - Causing serious injury intentionally - Causing serious injury recklessly - Affray - Savage assault in company resulting in catastrophic injuries to victim - Whether full extent of injuries foreseen or intended - Whether distinction between recklessly and intentionally causing serious injury where offenders acting in concert - Duty of prosecutor to assist court - Sentences manifestly inadequate.

Criminal law - Sentencing - Grounds - Too much or too little weight to particular factor - Almost always untestable - Quantitative significance not to be assigned to individual considerations.

Criminal law - Sentencing - Grounds - Manifest inadequacy - Manifest excess - Whether sentence within range reasonably open to sentencing judge.

Criminal law - Procedure - Appeal - Interlocutory appeal - Confessional evidence - Admissibility - Whether exclusion of evidence "would eliminate or substantially weaken the prosecution case" - Whether certificate of trial judge warranted - Leave to appeal refused - Evidence Act 2008 (No 47) s 85 - Criminal Procedure Act 2009 (No 7) ss 295(3) 297.

Criminal law - Appeal - Interlocutory appeal - Trial - Severance - Sexual offences - Evidence - Coincidence evidence - Tendency evidence - No sufficient similarity - No cross-admissibility - Separate trials ordered - Crimes Act 1958 (No 6231) ss 371 372 - Evidence Act 2008 (No 47) ss 94 97 98 101 - Criminal Procedure Act 2009 (No 7) ss 295 300.

Wills and codicils - Executors and trustees - Removal of trustee - Welfare and interests of beneficiaries - Occupation of trust property by one beneficiary/trustee without authority of other trustees - Detriment to life tenant.

Restitution - Work and labour done - Building contract - Owner's repudiation - Builder's acceptance - Whether quantum meruit available as alternative to contract damages - Whether reasonable cost of works equated with reasonable value of works - Whether contract price operated as ceiling on quantum meruit - Whether contractual entitlements affected quantum meruit calculation - Whether quantum meruit included profit component.

Criminal law - Evidence - Admissibility - Corroboration - Requirements for evidence to be corroborative.

Criminal law - Evidence - Admissibility - Opinion evidence - Financial betterment - Drug offences - Heroin - Conspiracy to traffick - Not less than commercial quantity - Mens rea - Rule in Browne v Dunn.

Criminal law - Trial - Jury - Lengthy deliberation - Whether judge should have discharged jury - Verdicts not unsafe and unsatisfactory - Crimes Act 1958 (No 6231) s 321.

Criminal law - Trial - Whether separate trials necessary - Common enterprise.

Criminal law - Sentencing - Drug offences - Whether judge impermissibly brought to bear own assessment of harmfulness of heroin.

Criminal law - Pecuniary penalty order - Confiscation Act 1997 (No 108) s 67(1)(c).

Administration and probate - Executor - Renunciation of probate - Whether court should accept renunciation - Proper course - Form of renunciation - Requirements - Disclosure of intermeddling with estate.

Administration and probate - Renunciation of probate - Administration with will annexed - Entitlement - Person with greatest interest under will - Preference for universal residuary legatee - Notification to persons entitled to apply for administration - Departure from preference - Where will requires impartial person - Power to appoint amicus curiae.

Mortgages - Mortgagee - Power of sale - Duties - Reasonable care to ensure property sold at market value - Content of duty - Breach of duty - Queensland apartment complex - Appointment of non-local real estate agents - No breach of duty by selling in one line rather than by individual sales - Remedy - Damages or taking of accounts - Property Law Act 1992 (Qld) s 85 - Corporations Act 2001 (Cth) s 420A

Stamp duty - Collection - Authorised recipient - Alleged misappropriation - Recovery of unpaid duty as a debt - Statutory procedure to obtain account on oath - Repeal of Stamps Act 1958 by Duties Act 2000 - Effect of repeal - Accrued rights - Whether recovery procedure preserved - "Proceeding" - Stamps Act 1958 (No 6375) s 40 - Duties Act 2000 (No 79) - Interpretation of Legislation Act 1984 (No 10096) s 14

Statutes - Repeal - Accrued substantive right - Common law doctrine of implied saving - Necessity - Effective legislative operation.

Accident compensation - Workers compensation - Contribution between defendants - Breach of statutory duty - Contract between defendants - Breach of contract - Damages - Hadley v Baxendale - Remoteness - Negligence - Pure economic loss - Vulnerability - Perre v Apand - Causes of action statute-barred - Limitation of Actions Act 1958 (No 6295) s 5(1) - Accident Compensation Act 1985 (No 10191) s 156 - Wrongs Act 1958 (No 6420) ss 23B 24(2).

Contract - Implied terms - Statutory warranties - Trade practices - Trade Practices Act 1974 (Cth) s 74.

Trade practices - Misleading and deceptive conduct - Representation with respect to any future matter - Trade Practices Act 1974 (Cth) ss 51A 52 53(aa) 55A.

Limitation of actions - Causes of actions - Accrual - Contract - Negligence - Misleading and deceptive conduct - Limitation of Actions Act 1958 (No 6295) s 5(1) - Trade Practices Act 1974 (Cth) s 82(2).

Accident compensation - Workers compensation - Victorian WorkCover Authority - Indemnity rights - Recovery proceeding - Proper plaintiff - Whether authority entitled to sue in own name - Accident Compensation Act 1985 (No 10191) s 138 - Accident Compensation (WorkCover Insurance) Act 1993 (No 50) ss 7 9.

Insurance - Statutory policy - Construction - WorkCover compensation - Indemnity - "Liable to pay by force of the Accident Compensation Act" - "The employer's liability at common law or otherwise".

Criminal law - Sentencing - Relevant considerations - Director's appeal - Murder - Conviction and sentence quashed - Conviction on retrial - No presumption that same sentence should be imposed - Pre-sentence detention - Calculation - Time spent in custody between quashing of conviction and second conviction - Incorrect pre-sentence detention declaration not a sentencing error - Relevance of earlier sentence - Later sentence not manifestly inadequate - Sentencing Act 1991 (No 49) s 18(1) 18(2)(d)

Practice and procedure - Appeal - Stay - Property adjustment order - Appeal against order for interest only - Application for leave to appeal against costs order - Appellants seeking to set off amount payable under substantive adjustment orders against possible orders if appeal successful - Risk of dissipation of amount payable - Stay granted - Supreme Court (General Civil Procedure) Rules 2005 rr 64.25 66.16.