Criminal law - Procedure - Stay of proceedings - Abuse of process - Categories - Criteria - Applicable only to judicial process - Committal - Conduct of prosecution authorities - Illegality not alleged - Extradition of accused person from Greece - Challenge to legality of extradition pending in European Court of Human Rights.

Accident compensation - Transport accident - Entitlements - Transport Accident Commission - Decision-making obligations - Impairment determination - Conditions for effective and timely application - Exchange of correspondence - Interpretation - Judicial review - Mandamus - Discretion - Adequate alternative remedy - "Date of the application" - Transport Accident Act 1986 (No 111) s 46A(1) 46A(1A) 46A(1B) - Supreme Court (General Civil Procedure) Rules 2005 O 56.

Contract - Breach - Damages - Liquidated damages or penalty - Test - Whether pre-estimate of damages out of all proportion - Time for application - Formation of contract - Hire agreements.

Guarantee and surety - Hire agreements - Guarantor of hirer's obligations - Whether guarantor aware of length of term of hire agreements.

Courts and judges - Open justice principle - Application for appointment of receiver to legal practice - Jurisdiction to order in camera hearing - Exceptions - Persons and categories of persons - "Officer of the court" - Not restricted to officers within the court structure - Persons admitted to legal profession included - Legal Profession Act 2004 (No 99) ss 2.3.9 5.5.1(4)(a).

Accident compensation - Workers compensation - Entitlement - Injury - Course of employment - Successive short-term contracts of employment - Injury suffered prior to commencement of next contract - University lecturer injured in bookshop inspection of teaching texts - Whether activity sufficiently incidental to performance of forthcoming work - "Arising out of or in the course of any employment" - Accident Compensation Act 1985 (No 10191) s 82(1).

Criminal law - Sexual offences - Rape - Lesser alternative verdict - Indecent assault - Not left to jury - Factors bearing on whether alternative should be left - Failure by counsel to request lesser alternative - Absence of cogent evidence to support alternative - Verdict not unsafe and unsatisfactory.

Building contracts - Principals and sub-contractors - Progress payments - Entitlements - Claim - Dispute - Statutory adjudication process - Need to avoid excessive technicality - Determination - Validity - Procedures - Application for adjudication - Time limit - Electronic initiation of claim permissible - Deference to adjudicator's authority - Single lodgment of two claims - Whether two payment claims were made - Whether payment claim could be made despite previous claim - "Made" - Building and Construction Industry Security of Payment Act 2002 (No 15) ss 14 16 18 23 28O 28Q 28R 51.

Administrative law - Judicial review - Remedies - Availability - Certiorari - Privative clause - Hickman principle - Construction progress payment disputes - Statutory adjudication process - Amenability to review - "Adjudication determination" - Building and Construction Industry Security of Payment Act 2002 (No 15) - Constitution Act 1975 (No 8750) s 85

Practice and procedure - Electronic service of documents - Time - Ascertainment - Arrival at recipient's server - Availability for retrieval.

Practice and procedure - Parties - Joinder - Damages claim against architects - Cessation of defendants' business - Application by plaintiff for joinder of third party insurer of defendants as a defendant - Claim for declaration - Insurer's liability to indemnify defendants - Statutory priority right in winding up - Utility - Whether true legal controversy - Discretion - Supreme Court (General Civil Procedure) Rules 2005 r 9.06(b)(ii).

Building contracts - Principals and sub-contractors - Progress payments - Entitlements - Disputes - Statutory adjudication process - Adjudicator's determination - Whether amenable to certiorari - Procedural fairness - Content - Express statutory prescriptions - Building and Construction Industry Security of Payment Act 2002 (No 15) ss 22 23

Administrative law - Judicial review - Public and private bodies - Datafin - Construction contract disputes - Statutory adjudication mechanism for progress payment claims - Certiorari - Availability - Grounds - Jurisdictional error - Error of law on face of record - Contents of record.

Constitutional law - Supreme Court of Victoria - Powers and jurisdiction - Unlimited jurisdiction - Indirect repeal, alteration or variation - Manner and form requirements - No implied ouster of judicial review - Constitution Act 1975 (No 8750) s 85

Criminal law - Murder - Trial - Directions - Defence hypothesis - Crown - Obligation - Exclusion of reasonable hypothesis - Jury - Function - Defence counsel - Limits of permissible appeal to jury - Jury invited to engage in groundless speculation - Judge not in error in directing jury not to speculate.

Criminal law - Sentence - Aggravating factors - Murder of spouse - Concealment of victim's body - Long delay between killing and discovery of body - Accused's prolonged deception and dissembling about victim's disappearance - Sentence of 21 years with non-parole period of 17 years not manifestly excessive.

Criminal law - Procedure - Interlocutory appeal - Leave to appeal - Criteria - Judge's certificate - Discretion - Drug offences - Cultivation of cannabis - Accused an indigenous person - Accused demurring to presentment - Assertion that Victorian Parliament lacked power to make laws inconsistent with Aboriginal customary law - Judge's decision plainly correct - Certificate should not have been given - "Sufficient importance to the trial" - Drugs, Poisons and Controlled Substances Act 1981 (No 9719) - Criminal Procedure Act 2009 (No 7) ss 295(3) 297

Constitutional law - Victoria - Parliament - Legislative competence - Plenary power - Power to make laws affecting Aboriginal people inconsistent with Aboriginal customary law - Constitution Act 1975 (No 8750) s 16

Criminal law - Appeal - Competence - Fitness to stand trial - Finding of fitness to stand trial justiciable as appeal against conviction - Expert evidence - Directions to jury - Competing expert opinions - Directions as to criteria of fitness to stand trial - Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (No 65) Pt 2 - Crimes Act 1958 (No 6231) ss 567 570A 570B 570C

Criminal law - Evidence - Propensity evidence - Sexual offences - Uncharged acts - Jury - Warning - Sufficiency - Need for jury to be satisfied of uncharged acts beyond reasonable doubt - Verdict not unsafe and unsatisfactory.

Accident compensation - Workers compensation - Common law proceedings - Competence - Statutory bar - Farm worker - Neighbouring landowner objecting to farm activity - Altercation - Worker directing racist remark at neighbour - Worker punched by neighbour - Worker's claim for damages for assault - Whether barred - Whether dispute related to employer's business - Whether worker abandoned employment - Whether private quarrel - "Arising out of employment" - "Arising in the course of employment" - Accident Compensation Act 1985 (No 10191) ss 82 134AB.

Administrative law - Judicial review - Jurisdictional error - Police Appeals Board - Review function - Characterisation - Unique features - Limited merits review - Chief Commissioner of Police - Dismissal of member of force - Review of dismissal order - Whether commissioner's decision not sound, defensible or well-founded - Appeals Board misconstruing its function - Failure to perform statutory duty - Decision quashed - Police Regulation Act 1958 (No 6338) ss 68B 68C 68D 68E 68F.

Administrative law - Judicial review - Error of law - Procedural fairness - Police Appeals Board - Review function - Refusal of leave to adduce new evidence - Receipt of ex parte communications - Police Regulation Act 1958 (No 6338) Pt V, Div 3.

Police - Employment and discipline - Integrity of members - Prevention of loss of community confidence - Chief Commissioner's power to dismiss member of force - Police Regulation Act 1958 (No 6338) Pt IV, Div 1.

Trust and trustees - Discretionary trust - Powers - Fraud on power - Exclusion of beneficiaries - Whether exercise of power void for improper purpose - No obligation on trustee to give reasons - Onus on plaintiff to establish improper purpose - Circumstantial evidence.

Evidence - Rule in Browne v Dunn - Notice exception - Alleged improper purpose not put in cross-examination - Trial judge relying on failure to cross-examine - Not an application of rule in Browne v Dunn.

Practice and procedure - Abuse of process - Permanent stay - Availability - Exceptional case test - Australian Securities and Investments Commission - Civil penalty proceeding - Unsuccessful applications for leave to amend statement of claim - Second civil penalty proceeding issued - Allegations arising from same or related events relied upon in first proceeding - Whether second proceeding should have been stayed - Prejudice - Delay - Public interest.

Tort - Negligence - Concurrent tortfeasors causing same damage - Comparative fault as between plaintiff and each tortfeasor - Personal injury - Employee injured in fall - Action against employer and occupier of premises - Employer abandoning contributory negligence plea - Employee succeeding against both defendants - Claim against occupier reduced due to contributory negligence - Employer precluded from relying on verdict against occupier - Wrongs Act 1958 (No 6420) s 26(1)(b).

Accident compensation - Workers compensation - Costs - Statutory regime of offer and counter-offer - Costs consequences of quantum of verdict - Worker's action against employer and occupier of premises - Occupier ordered to pay plaintiff's costs - Whether plaintiff prevented by statutory regime from obtaining costs order - Whether expression "each party" included third party - Accident Compensation Act 1985 (No 10191) s 134AB(12) 134AB(28)(d) - Wrongs Act 1958 (No 6420) s 26(1)(b).

Guarantee and surety - Husband and wife - Loan to company associated with husband - Wife signing guarantee at husband's request - Default by principal debtor - Proceeding to enforce guarantee - Compromise - Settlement deed signed by wife as principal obligor - Further default by principal debtor - Judgment entered against wife pursuant to later deed - Wife's application to set aside judgment - Rule in Yerkey v Jones applicable only to instruments of suretyship.

Equity - Unconscionable conduct - Proceeding to enforce guarantee - Compromise - Surety becoming principal obligor - Judgment entered pursuant to compromise - Rule in Yerkey v Jones - Compromise not a variation of guarantee.

Precedent - Stare decisis - Common law of Australia - Change and application - Supreme Court of Victoria - No power to change common law - Limited freedom to depart from another State appellate court's interpretation.

Mortgages - Mortgagee - Power of sale - Duties - Good faith - Best price consistent with entitlement to security - Criteria - Equitable principles - Identity of purchaser - Sale to insider - Insider's advantages - Cancellation of proposed auction sale - Private sale to employee of mortgagee's solicitor - Mortgagee failing to test market fully - Whether proper price obtained - Sale price less than best price available for the property - "May, in good faith and having regard to the interests of the mortgagor" - Transfer of Land Act 1958 (No 6399) s 77

Criminal law - Murder - Expert evidence - Admissibility - Medical opinion - Father accused of murdering his three young children by drowning - Children travelling in motor vehicle driven by father - Vehicle leaving highway and proceeding into dam - Father claiming loss of consciousness and control due to cough syncope - Thoracic physician's opinion as to unlikelihood of occurrence of cough syncope.

Criminal law - Expert evidence - Admissibility - Drownings - Motor vehicle driven into dam - Evidence of accident reconstruction expert admissible.

Criminal law - Evidence - Consciousness of guilt - Edwards direction - Circumstantial case - Post-offence conduct - Conversations between accused and witness after drownings - Requests that witness not mention parts of pre-incident conversation - Directions - Need for jury to be satisfied of contents of pre-incident conversation beyond reasonable doubt.

Criminal law - Procedure - Fair trial - Crown - Duty of full disclosure and fairness - Failure of Crown to inform defence that Crown witness faced pending indictable offences.

Criminal law - Procedure - Trial - Final address - Prosecutor - Impermissible to pose question as to why witness for Crown would lie.

Criminal law - Sentence - Director's appeal - Commonwealth offences - Sexual offences - Child pornography - Illegal use of an electronic carriage service - Accessing, possessing and transmitting images of child pornography - Sentencing principles - Scale of criminality - Underlying exploitation and degradation of children - General deterrence - Double jeopardy - Custodial sentence manifestly inadequate - Appeal allowed and offender resentenced - Criminal Code (Cth) s 474 - Crimes Act 1914 (Cth) s 20(1)(b).

Criminal law - Sentence - Commonwealth offences - Comity - Other intermediate courts of appeal.

Criminal law - Evidence - Admissibility - Confession - Voluntariness - Accused's mental state at time of confession - Fairness discretion.

Criminal law - Rule in Browne v Dunn - Application in criminal proceedings - Scope - Application against accused - Prosecutor's obligation - Accused giving evidence - Repudiation of confession - Nothing said about specific circumstance - Accused having reason to believe Crown relied on that circumstance - Crown not obliged to cross-examine.

Criminal law - Trial - Jury - Juror discharged on medical grounds - Judge not in error in allowing trial to continue with less than 12 jurors - Juries Act 2000 (No 53) ss 43 44.

Criminal law - Evidence - Jury directions - Sexual offences - Offences against children - Sexual penetration of child under care or supervision - Delay in making complaint - Warning of significant forensic disadvantage - Liberato direction - Trial judge characterising directions as comments - Substantial miscarriage of justice - Crimes Act 1958 (No 6231) s 61(1A).

Criminal law - Rule in Browne v Dunn - Application in criminal proceedings - Scope - Application against accused - Positive allegation by accused - Defence counsel's obligation to cross-examine - Insufficient to support accused's positive allegation - Extent of counsel's duty - Breach - Breach not permitting adverse inference as to credibility of accused.

Contract - Construction - Implied term - Dispute resolution clause providing for third party to appoint independent expert to resolve dispute - Contract silent as to terms of appointment - Whether terms proffered by expert reasonable - Whether parties to contract bound to accept appointment - Whether parties obliged to execute agreement with independent expert - Implied obligation to co-operate - Further assurance clause - "Appoint".

Appeal - Leave to appeal - Appeal against order granting injunction - Leave unnecessary - Supreme Court Act 1986 (No 110) ss 17(2) 17A(4)

Criminal law - Appeal - Sentencing - Children's Court - Director's appeal - Rehearing - Multiple offences - Aggregate period of sentence - Statutory limitation on appeal court - Legislative history - Appeal court not constrained by sentence imposed below - Children, Youth and Families Act 2005 (No 96) ss 424 424(8) 425.

Accident compensation - Workers compensation - Entitlement - Medical panels - Binding opinions - Application for leave to institute proceedings for common law damages - Earlier medical panel opinion obtained for purpose of establishing worker's entitlement to weekly compensation - Whether binding on court in subsequent application for leave to bring proceedings for damages - Accident Compensation Act 1985 (No 10191) ss 39 45(1A) 68(4) 82 134AB(16)(b).

Wills and codicils - Construction - General principles - Testator's intention - Gift of residuary on trust - Whether net residuary estate passed to trustee beneficially or to next of kin - Home-made will - "To stand possessed of the residue then remaining" - Administration and Probate Act 1958 (No 6191) s 53.

Practice and procedure - Parties - Companies - Requirement to be represented by a solicitor - Stay of proceedings where corporation unrepresented - Exception for contrary statutory provision - Statutory scheme for derivative actions on behalf of companies - Whether scheme relevantly abrogated court rules - General power to depart from rules - Criteria - Supreme Court (General Civil Procedure) Rules 2005 Ch I rr 1.17(1) 2.04 - Corporations Act 2001 (Cth) ss 236 237.

Appeal - Leave to appeal - Order staying proceeding until corporation represented by solicitor - Whether interlocutory or final.

Resumption and acquisition of land - Compensation - Application - Time limit - Extension - By ministerial approval, consent of parties or court order - Supreme Court jurisdiction - Ministerial refusal of extension - Court application not precluded - Discretion - Criteria - Delay - Acceptable explanation not necessarily determinative - Extension granted - Land Acquisition and Compensation Act 1986 (No 121) ss 6 7 8 22 37(1) 37(2) 106(1) - Interpretation of Legislation Act 1984 (No 10096) s 40(a).

Criminal law - Murder - Trial - Fair trial - Adverse pre-trial publicity concerning accused - Effect on potential jurors - Application for permanent stay - Rare and exceptional case test - Competing public interest considerations - Jury - Capacity to perform role - Oath of office - Safeguards against prejudice - Judicial directions - Interests of justice not necessitating stay.

Companies - Insolvency - Unfair preference - Set-off - Disentitlement of creditor - Actual notice of fact of insolvency - Unpaid tax liabilities - Company entitled to Commonwealth diesel fuel grant scheme credits - Commissioner setting off credits against tax liabilities - Set-offs unavailable - "Insolvency" - "Notice" - "Notice of the fact that the company was insolvent" - Corporations Act 2001 (Cth) ss 553C 588FF.

Taxation - Income tax - Commissioner of Taxation - Standing as a creditor - No special latitude warranted.

Employer and employee - Contract - Repudiation - Objective test - Unilateral re-assignment of employee to new position - Substantial diminution in status and responsibility - Employer evincing intention not to be bound by contract - Employee electing to accept repudiation.

Employer and employee - Contract - Redundancy - Unilateral re-assignment of employee to new position - Fellow employee promoted to position - Re-assigned employee left with residual duties - No redundancy.

Contract - Construction - Terms - Incorporation by reference - Employer and employee - Whether redundancy policy incorporated into contract - "Redundancy" - "Restructuring".

Contract - Breach - Damages - Employee electing to terminate - Entitlements to notice and severance pay - Mitigation - Employee rejecting offer of employment in new role - Whether plaintiff acted reasonably.

Administrative law - Judicial review - Victoria Legal Aid - Application lodged by solicitor on behalf of client - Aid granted - Case not assigned to lodging solicitor - Decision affirmed on internal review - Review by independent reviewer - Standing of lodging solicitor to challenge independent review - Error of law on face of record - Changed circumstances since primary decision - Characteristics of merits review - Reliance on best and most current information available - Discretion to refuse relief not enlivened - "Person affected" - "Reconsideration" - "Review" - Legal Aid Act 1978 (No 9245) ss 4 34, 35.