Legal practitioners - Counsel's duties - Paramount duty to court - Robust advocacy - Limits - Civil jury trial - Misconduct of counsel - Breach of rule in Browne v Dunn - Introduction of false issues - Impermissible statement about plaintiff's counsel's belief as to evidence - Comment on plaintiff's right to workers compensation - Misuse of closing address - Misdescription and ridicule of plaintiff's case.

Courts and judges - Fair trial - Misconduct of counsel - Miscarriage of justice - New trial ordered.

Arbitration - Agreement - Construction - Dispute resolution clause - Submission to arbitration - Exceptions - Urgent relief - Counterclaim - Stay - "Urgent interlocutory or declaratory relief" - International Arbitration Act 1974 (Cth) ss 7 8 - Commercial Arbitration Act 1984 (No 10167).

Practice and procedure - Appeal - Leave to appeal - Summary dismissal or stay of proceeding - Principles - Stay refused - Restitution claim - Moneys paid under mistake of law - Absence of contractual relationship - Defendant receiving money from third party intermediary - Developing area of law - Clearly hopeless claim test not satisfied - Leave refused.

Sale of land - Unregistered plan of subdivision - Purchaser's statutory right to rescind if plan not registered within specified period - Contract impermissibly purporting to give vendor right to extend period - Sale of Land Act 1962 (No 6975) s 9AE(2)

Practice and procedure - Privilege - Legal profession - Regulation - Law Institute of Victoria - Documents - Notice by Deputy Commissioner of Taxation to Institute to produce documents - Public interest immunity - Class claim - Contents claim - Documents not protected from disclosure - Income Tax Assessment Act 1936 (Cth) s 264(1)(b) - Legal Profession Act 2004 (No 99) s 6.4.5.

Taxation - Income tax - Deputy Commissioner of Taxation - Power to call for production of documents - Income Tax Assessment Act 1936 (Cth) s 264(1)(b).

Criminal law - Procedure - Multiple rape counts - Latent ambiguity - Particulars of charged act - Sufficiency - Chronology of similar acts - Prejudice to accused.

Criminal law - Sexual offences - Proof to criminal standard - Uncharged acts - Procuring sexual penetration by threat or intimidation.

Criminal law - Sexual offences - Mens rea - Procuring sexual penetration by threat or intimidation - Intention - Necessary contemporaneity - Crimes Act 1958 (No 6231) s 57.

Motor vehicles - Road safety - Criminal law - Driving offences - Blood alcohol levels - Requirement that driver furnish breath sample for analysis - Requirement that driver accompany police for purpose of furnishing breath sample - Driver directed to travel in lockable police motor vehicle - Driver refusing to comply - Requirement to accompany to be objectively reasonable - Road Safety Act 1986 (No 127) ss 49(1)(e) 55(1).

Administrative law - Judicial review - Power - Amplitude - Presumed parliamentary intention that power be exercised reasonably - Wednesbury unreasonableness.

Accident compensation - Workers compensation - Lump sum - Entitlement - One claim only per compensable event - Knee injury - Claim made and settled - Delayed surgery - Complications from surgery - No medical negligence - No new intervening act - Further claim - "Same event or circumstance" - Accident Compensation Act 1985 (No 10191) ss 82(1) 83(1)(d) 104B(5A) 104B(5AA) 104B(5AB)

Practice and procedure - Freezing order - Final order - Prospective judgment debtors - Income tax recovery proceeding - Danger of judgment going unsatisfied - Danger of dissipation - Orders against third parties - Ancillary orders - Discretion - Delay - Family members ordered to disclose financial information - "Good arguable case" - "Might" - Supreme Court (General Civil Procedure) Rules 2005 O 37A

Practice and procedure - Mode of trial - Discretion to dispense with jury trial - Defamation - Newspaper articles - Plaintiff requesting jury trial - Case called on for trial - Jury called for but not empanelled - Preliminary debate about proposed jury questions - Plaintiff applying to have trial proceed as a cause - Defendant opposing application - Complexity of legal issues - Defendant denying plaintiff's meanings - Polly Peck defences - Fair comment - Qualified privilege - Mitigation - Reliance on Polly Peck particulars of justification - Order that action be tried without jury - Supreme Court (General Civil Procedure) Rules 2005 r 47.02.

Criminal law - Evidence - Admissibility - Sexual offences - Coincidence evidence - Sufficient similarity test - Cross-admissibility - Probative value - Possibility of concoction or contamination - Evidence Act 2008 (No 47) s 98.

Criminal law - Procedure - Interlocutory appeal - Evidence - Admissibility - Decision affecting conduct at trial - Appellate court to decide on admissibility - Criminal Procedure Act 2009 (No 7) s 295(3)(a) (b)

Courts and judges - Fair trial - Recusal of trial judge - Apprehension of bias - Disqualification by association - Witness - Expert evidence - Judge formerly a personal client of witness - Compulsory land acquisition case fixed for trial - Expert planning evidence of central importance - Possible perception of positive preconceived views of witness.

Defamation - Newspaper articles - Imputations - Polly Peck defences - Fair comment - Qualified privilege - Reply to attack - Whether there was an attack - Reply to reply not privileged - Damages - Vindication - Aggravated damages - Mitigation.

Employer and employee - Contract - Fixed term - Three years - Termination provision - Redeployment provision - Employee's entitlements on termination - Newspaper - Editor-in-chief - Breakdown in employment relationship - Early termination by employer - No implied term conferring entitlement to terminate before expiry of fixed term.

Contract - Damages - Loss of opportunity - Employer and employee - Fixed term contract - Wrongful termination - Loss of opportunity for renewal of contract or redeployment in comparable position - Payment in lieu of reasonable notice - Eight months' notice.

Trade practices - Misleading or deceptive conduct - Insurance broker - Proposed insurance premium loan - Information - Representations - Non-disclosure - Ambiguity - Type of insurance policy - Cancellable or non-cancellable - Subsequent conduct - Causation - Carelessness of finance provider - Other influences - Trade Practices Act 1974 (Cth) ss 52 82.

Negligence - Duty of care - Provision of accurate information in response to request - Breach - Loss - Causation.

Courts and judges - Suppression orders - Open justice principle - Media reporting - Public interest - Primacy - Over-riding demands of justice - Necessity - Quasi-judicial proceeding - Committal - Rape prosecution of parliamentarian - Statutory regime for giving of complainant's evidence - Restricted classes of persons entitled to be present at hearing - Separate statutory prohibition on publication of material likely to identify victims of sexual crimes - Accused person discharged at committal - Magistrate's order permitting publication of part of complainant's evidence - Magistrates' Court Act 1989 (No 51) s 126(1) Sch 5, cl 17 - Judicial Proceedings Reports Act 1958 (No 6280) s 4 - Evidence Act 1958 (No 6246) s 32AB - Victims' Charter Act 2006 (No 65) ss 6(1) 14.

Criminal law - Procedure - Referral of questions of law - Common law offence - Elements - Misconduct in public office - Nexus between public office and alleged misconduct - Seriousness of misconduct - Criminal Procedure Act 2009 (No 7) s 302.

Practice and procedure - Parties - Plaintiffs - Unauthorised use of one plaintiff's name - Costs - Joint plaintiff unaware of proceeding commenced and continued in her name - Order for costs against joint plaintiffs - Reinstatement of proceeding - Need to remedy serious injustice - Substitution of solicitor and counsel in costs order - No need for inquiry as to how costs might have been different absent improper joinder.

Legal practitioners - Duties to client - Litigation - Authority to commence and continue proceedings - Improperly joined co-plaintiff ordered to pay successful defendants' costs - Counsel - Instructing solicitor - Failures of solicitor and counsel to make adequate inquiries - Equal responsibility for remedying injustice.

Tort - Negligence - Duty of care - Police - Operational and investigative activities - Duty to enforce the criminal law - Arrest of suspect offender inside small shop premises - Use of capsicum spray - Innocent bystander injured - Action maintainable - No incompatibility of duties.

Town and country planning - Planning schemes - Reservation of private land for public purposes - Consequential financial loss - Compensation - Entitlement - Recovery of compensation - Entitlement - Proposed road reservation - Refusal of planning permit - Compensation paid by minister - Reservation later removed - Recovery proceeding - Planning and Environment Act 1987 (No 45) ss 98 99 110 111 - Valuation of Land Act 1960 (No 6653) s 5A.

Constitutional law - Separation of powers - Parliament - Executive - Powers - Contract - Enforceability - Covenant by executive government to effect legislative change - Effect of covenant - Dispensation from taxation liability - Unconstitutional interference with exercise of legislative power - Contract void.

Land tax - Liability - Contractual promise of dispensation by State of Victoria - Covenant to amend legislation - Agreement to refund tax if amendments ineffective - Legislative amendments ineffective - Contract unenforceable - Port of Portland Authority Act 1958 (No 6340) s 4A - State Taxation (Omnibus Amendment) Act 1996 (No 10) s 27.

Water - Water and sewerage authorities - Statutory liability for water flows - Compensation - Common law negligence principles inapplicable - Intentional and negligent conduct - Escape of sewage - Damage to business premises - Victorian Civil and Administrative Tribunal - Compensation award - Appeal on question of law - "Negligent conduct" - Water Industry Act 1994 (No 121) ss 74 74A 74B - Water Act 1989 (No 80) ss 3 157 - Wrongs Act 1958 (No 6420) ss 51 79 80 83 85 - State Owned Enterprises Act 1992 (No 90) s 69 - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148

Criminal injuries compensation - Entitlement - Child claimant - School pupil - Persistent assaults and bullying - Child perpetrators - Assistance claim rejected - Merits review - Primary decision affirmed by Victorian Civil and Administrative Tribunal - Tribunal finding child not the victim of criminal acts - Perpetrators lacked criminal intent - Tribunal obliged to find behaviour sufficient to establish statutory entitlement - "Criminal act" - Victims of Crime Assistance Act 1996 (No 81) ss 1(1) 1(2)(c) 3 4 7(1) 8(1) 8A 25 31 50 59(1)(a) - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148.

Accident compensation - Workers compensation - Medical panel - Opinion - Statement of reasons - Alleged inadequacy - No error of law - Administrative Law Act 1978 (No 9234) s 8 - Accident Compensation Act 1985 (No 10191) s 45(1)

Administrative law - Judicial review - Administrative tribunal - Reasons - Adequacy - No common law obligation to provide reasons.

Criminal law - Motor vehicles - Dangerous driving causing death - Elements of offence - Jury directions - Drivers racing each other - One racing driver colliding with third vehicle - Driver of third vehicle killed - Sufficiency of evidence - Acting in concert - Aiding and abetting preferable basis for Crown presentment - Sentence - Offender resentenced due to successful appeal against conviction.

Criminal law - Sex offenders - Liability to registration - Suspended sentence - Nature - Sentence at time of commencement of Act - Aggregate sentence - Sentence imposed for registrable and other offences - "Existing controlled registrable offender" - "Serving a sentence" - "For" - Corrections Act 1986 (No 117) s 6C(1)(d) - Sex Offenders Registration Act 2004 (No 56) ss 3 62.

Human rights - Charter of Human Rights and Responsibilities - Application for declaration of inconsistency dismissed - Right to privacy - Right not to be penalised retrospectively - Role of the judicial branch - International human rights jurisprudence - "Arbitrarily" - "Penalty" - Sex Offenders Registration Act 2004 (No 56) ss 1 3 62 - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 7 13 27 32 36(2).

Real property - Caveat - Removal - Application - Characterisation - Onus on caveator - Caveatable interest - Serious question to be tried - Prima facie case test - Balance of convenience - Transfer of Land Act 1958 (No 6399) s 90(3)

Accident compensation - Transport accident - Entitlements - Employee injured - Employer's loss of employee's services - Action per quod servitium amisit extinguished in relation to transport accidents - "In respect of" - Transport Accident Act 1986 (No 111) s 93(1).

Appeal - Leave to appeal - Substantial injustice test - Mere risk of substantial injustice insufficient.

Practice and procedure - Discovery - Inspection of documents - Client legal privilege - Mention of legal advice supporting other party's stance - Waiver - Substance of advice not disclosed - Evidence Act 2008 (No 47) s 122(3)

Criminal law - Sentence - Murder - Moral culpability - Distinction between reckless and intentional murder - Delay between arrest and imposition of sentence - Determining period of pre-sentence detention - Sentence not manifestly excessive - Sentencing Act 1991 (No 49) ss 16(3B) 18(1).

Criminal law - Sentence - Determining period of pre-sentence detention - Need for law reform - Sentencing Act 1991 (No 49) ss 16(3B) 18(1).

Criminal law - Criminal procedure - Interlocutory appeal - Sexual offences - Trial - Time for commencement - Extension - Crimes Act 1958 (No 6231) s 359A(2AA) 359A(2AAB) 359A(2AAC) - Criminal Procedure Act 2009 (No 7) ss 212 247 295 Sch 4.

Human rights - Charter of Human Rights and Responsibilities - Point raised by applicant and abandoned during hearing - Careful consideration to be exercised before Charter invoked.

Tort - Intentional torts - Assault - Defences - Statutory authority - Self-defence - Defence of others - Police - Fingerprints obtained forcibly - Statutory authority to use reasonable force - Proportionality - Reasonable belief - Crimes Act 1958 (No 6231) s 464K(7).

Police - Powers - Fingerprinting - Arrested person - Rights - Refusal to give fingerprints voluntarily - Fingerprints obtained forcibly - Disclosure obligations of police - Crimes Act 1958 (No 6231) s 464K(2).

Appeal - Facts - Findings at trial - Power of appellate court to set aside findings - Credit-based findings - Judges not to be constrained where evidence demands contrary findings.

Damages - Assessment - Assaults - Physical injuries - Psychiatric sequelae - Aggravated damages - Apportionment - "Intentional act that is done with intent to cause death or injury" - Wrongs Act 1958 (No 6420) ss 28LC 28LE - Police Regulation Act 1958 (No 6338) s 123.

Water - Water authorities - Statutory liability for water flows - Compensation - Criteria - Claim by primary producers - Salinity mitigation works - Diversion of saline water - Subterranean flows - Leaking irrigation channel - Increased salinity in groundwater and fall in productivity - Victorian Civil and Administrative Tribunal - Summary dismissal of claims - Not necessary for damage to be caused to some extent by flow of water as distinct from water itself or its chemical composition - Tribunal mischaracterising plaintiffs' claims - Tribunal mistakenly refusing leave to amend - "Flow of water" - "Onto" - Water Act 1989 (No 80) ss 3 14 15 16 17 19 20 157 - Murray Darling Basin Act 1993 (No 39) s 17(3) - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 75 148

Mortgages - Torrens title - Indefeasibility - Exceptions - Competing interests - Mortgagee - Tenant in possession - Tenancy granted after mortgage created but before registration - Mortgagee entitled to possession - Transfer of Land Act 1958 (No 6399) ss 42(2)(e) 77 78

Damages - Tort - Trespass to land - Measure - Mesne profits - Hungerfords damages - Market rent - Loss of commercial opportunity - Compensatory damages.

Criminal law - Procedure - Interlocutory appeal - Fair trial - Apprehended bias - Judge refusing to recuse self an interlocutory decision - Judge refusing to certify for interlocutory appeal - Sufficient importance to justify being determined on an interlocutory appeal - Case management - Limits of permissible judicial intervention - Leave granted - Appeal allowed - "Interlocutory decision" - Criminal Procedure Act 2009 (No 7) ss 295(3)(b) 297(1)(b)(iii) 297(1)(b)(iv) 297(1)(c).

Legal practitioners - Crown prosecutor - Function as minister of justice - Obligation to assist court not to fall into appellable error.

Planning and environment - Contravention of statutory planning controls - Responsible authority - Enforcement powers - Penalty infringement notice (PIN) - Payment of fine - Expiation of offence - Separate civil enforcement proceedings - Differing legislative rationales - Service of PIN not precluding bringing of enforcement proceedings - "In respect of offence" - Planning and Environment Act 1987 (No 45) ss 114 119 122 126 130 - Infringements Act 2006 (No 12) ss 32 33.

Administrative law - Estoppel - Planning and environment - Contravention of statutory planning controls - PIN stating that upon timely compliance no further enforcement action would occur - PIN statement not a bar to separate enforcement proceedings - Public interest - Infringements (Reporting and Prescribed Details and Forms) Regulations 2006 reg 8.

Criminal law - Sentence - Recklessly causing serious injury - Offender striking victim in face with glass object - Prevalence of "glassing" assaults - Deterrence - Sentence of five years with non-parole period of three years outside sentencing range - Current sentencing practices - Wholly-suspended sentence not appropriate.

Legal practitioners - Solicitors - Legal Services Commissioner - Amenability to judicial review - Complaints - Characterisation - Disciplinary - Civil - Treated as disciplinary complaint - Investigation - Refusal of summary dismissal of complaint - Legal Profession Act 2004 (No 99) ss 4.2.2 4.2.3 4.2.8 4.2.10 4.4.7 4.4.9.

Administrative law - Judicial review - Procedural fairness - Hearing rule - Apprehended bias - Reasons - Sufficiency - Criteria - Order for further reasons - Discretion to decline remitter to primary decision-maker - Administrative Law Act 1978 (No 9234) s 8.