Administrative law - Judicial review - Victorian Civil and Administrative Tribunal - Appeal on question of law - Environment Protection Agency - Issue of works approval - Merits review - Scope - Grounds - Third parties - Incorporated association - Concern with protection of coastal environment - No relevant financial, physical or other like interests - Intellectual, philosophical or emotional interests not meeting statutory requirement - Legislative history - "Unreasonably and adversely affect the interests" - Environment Protection Act 1970 (No 8056) ss 19A, 20C 33B 37 37A - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 5 51 148.

Practice and procedure - Pleading - Defence - Material facts - State of mind and knowledge - Particulars - Sufficiency - Insurance application - Disclosure obligations of insured - Strike-out application - Embarrassment - Prejudice - Fair trial - Whether particulars compatible with allegation of material fact - Supreme Court (General Civil Procedure) Rules 2005 rr 13.02(1)(a) 13.10(3)(b) 23.02.

Trade practices - Misleading or deceptive conduct - Scope of statutory prohibition - Artworks - Forgeries - Artists suing valuer and vendor - Representations of value and of authenticity - Drawing of Jones v Dunkel inference - Fair Trading Act 1999 (No 16) s 9(1)

Trade practices - Remedies - Misleading or deceptive conduct - Claim by persons not parties to misrepresentations - Declarations - Orders for disclosure of other conduct - Injunctions - Undertakings - Order for delivery up of fake artworks for destruction - Fair Trading Act 1999 (No 16) ss 9(1) 149 149A - Trade Practices Act 1974 (Cth) s 80

Costs - Offer of compromise - Different principles applying to offer of compromise and Calderbank offer - Supreme Court (General Civil Procedure) Rules 2005 O 26 r 63.16

Real property - Easements - Walkway connecting retail shopping arcades - Deed between neighbouring arcade unit owners - Provision for permanent public access through private property - Deed executed by one co-owner only - Purported grant beyond alienation power of grantor - Significant restriction on possessory rights of owners - Rights not capable of forming subject matter of an easement.

Real property - Torrens title - Indefeasibility - Unregistered restrictive covenant - Effect of transferees' contractual acknowledgment of third party proprietary rights - In personam right created - Registration of transfer no bar to specific performance - Transfer of Land Act 1958 (No 6399) ss 42 43 88.

Trusts and trustees - Constructive trusts - Torrens title - Unregistered restrictive covenant - Burden of covenant held on constructive trust - Rights of successors in title.

Criminal law - Interlocutory appeal - Evidence - Admissibility - Hearsay - Committal proceedings depositions - Complainant - Death - Evidence given through interpreter not hearsay - Probative value - Unfair prejudice - Inability of accused to cross-examine - Evidence Act 2008 (No 47) ss 59 65(3) 65(6) 137 165

Practice and procedure - Discovery and inspection of documents - Whether documents in party's power - Whether party had presently enforceable right to obtain document - Critical illness insurance policy - Benefit claim - Rejection - Alleged fraudulent non-disclosure - Health records - Doctor and patient - Treating doctor's records - Patient information - Statutory scheme of protection and access - Patient's statutory right of access - Whether party should be directed to request documents - Availability of third party discovery and subpoena - "Power" - Health Records Act 2001 (No 2) - Supreme Court (General Civil Procedure) Rules 2005 rr 1.13 1.14 29 32.07 34.01.

Local government - Town planning - Subdivision - Requirements - Public open space contribution - Exemption - Sequential applications to subdivide two existing blocks to create three blocks - Whether one staged subdivision or discrete subdivisions - Whether exempt from open space contribution requirement - Subdivision Act 1988 (No 53) ss 18 19 20 21 - Planning and Environment Act 1987 (No 45) - Maroondah Planning Scheme cl 52.01.

Statutory interpretation - Purposive approach - Town planning - Subdivision - Interaction between Subdivision Act and municipal planning scheme.

Practice and procedure - Summary judgment - Appeal - Guarantee - Claim that defendants induced to give guarantee by misleading or deceptive conduct - Exclusion clause preventing defendants from relying upon vitiating conduct - Test for summary judgment - No real prospect of success - Evidence - Lack of any adequate foundation for leave to defend - Supreme Court (General Civil Procedure) Rules 2005 r 22

Criminal law - Sexual offences against children - Plea of guilty - Indecent images transmitted by computer and mobile telephone - Does not amount to committing an indecent act with or in the presence of a child - Convictions on these counts quashed - Resentence on remaining convictions - "With or in the presence of a child" - Crimes Act 1958 (No 6231) s 47

Companies - Winding up - Managed investment scheme - Eucalyptus plantations - Trees on leased allotments - Responsible entity - Insolvency - Appointment of receiver - Proceeding instituted by receiver - Standing of receiver to continue proceeding after liquidator appointed - Scheme in disarray - Whether just and equitable to wind up scheme - Scheme property - Legislative definition - Definition in scheme documents - Whether scheme property included rights in respect of trees cultivated pursuant to scheme - Corporations Act 2001 (Cth) ss 9 601FC 601ND 601NF.

Practice and procedure - Orders - Variation - Consequential orders made following trial - Whether power to vary order - Whether operative and substantial part of order.

Legal practitioners - Regulation - External intervention - Receivership - Trust account inspection and report - Irregularities - Sole practitioner - No win/no fee litigation - HMAS Melbourne/HMAS Voyager collision - Actions on behalf of survivors - Double payment of disbursements - Double billing - Failure to pass on discounts - Failure to apply trust moneys as directed - Failed rectification efforts - Receiver appointed without power to wind up law practice - Legal Profession Act 2004 (No 99) ss 5.2.1(d) 5.2.1(e) 5.2.2(2)(c).

Legal practitioners - Regulation - External intervention - Legal Services Board - Receivership application - Jurisdiction - Limited purpose appointment - Protection of clients' trust money - Subsequent appointment of supervisor of trust money - Not inconsistent with receivership application - Legal Profession Act 2004 (No 99) s 5.2.2(2)(a) 5.2.2(2)(c).

Practice and procedure - Electronic transactions - Legal Services Board - Resolution - Validity - Deemed to be passed by majority of members signing document - Assent to resolution by email message containing typed signature - Proceedings commenced pursuant to resolution - Legal Profession Act 2004 (No 99) s 6.2.16(1) - Electronic Transactions (Victoria) Act 2000 (No 20) s 9(1)

Criminal law - Sexual offences - Directions - Incest - Elements of offence - Actus reus - Sexual penetration - General intent - Conscious, voluntary and deliberate act - Accused claiming act occurred in dream - Absence of direction not resulting in miscarriage of justice - Meaning of vagina - Judge's obligation to summarise evidence and relate it to issues in case - No inconsistency between verdicts on different counts - Use of VATE transcript - Complainant's right to seek exemption from giving evidence - Sentence - Three years and six months' imprisonment with non-parole period of 18 months not manifestly excessive - Crimes Act 1958 (No 6231) ss 35 400 568 - Crimes (Criminal Trials) Act 1999 (No 35)

Legal practitioners - Roll of practitioners - Removal of name - Wide protective jurisdiction - Protection of public, legal profession as a group, the courts, the justice system and community confidence in the system - Fit and proper person requirement - Standard of proof - Criminal convictions - Serious offences - Willingness and ability to obey laws - Disdain for victims of crime - Child pornography possession and electronic transmission offences - Convictions not prima facie evidence of unfitness - Judgment and understanding required by legal practitioners - Failure to appear at removal application hearing - Medical evidence - Legal Profession Act 2004 (No 99) s 2.4.42

Evidence - Admissibility - Hearsay - Criminal convictions - Evidence Act 2008 (No 47) ss 59 91 92(2)(a) 178

Stamp duty - Conveyance or transfer of real property - Assessment - Valuation of property - Aged care hostel - Contract for purchase of land - Separate contract for lease by vendor at above-market rental - Whether lease informed dutiable value - Duties Act 2000 (No 79) ss 20(1)(b) 22(1)(a).

Criminal law - Manslaughter - Unlawful and dangerous act - Scope of offence - Realisation of appreciable risk of serious injury - "Really" not to precede words "serious injury" - "Dangerous".

Practice and procedure - Compromise - Representative proceeding - Approval - Criteria - Represented parties - Role - Whether compromise for benefit of the absent persons - "For the benefit of" - Supreme Court (General Civil Procedure) Rules 2005 rr 16.01(2) 16.01(3) 16.01(4).

Trusts and trustees - Superannuation plan - Employer and employee - Trust deed - Interpretation - Amendments - Rectification - Court asked to answer questions - Lengthy mediation - Deed of compromise - Court asked to approve compromise and trustee's decision to sign it - Supreme Court (General Civil Procedure) Rules 2005 r 54.02(2)(c).

Legal practitioners - Duties - Scope - No general duty to warn - Assumption of responsibility - Threatened winding up of company - Advice given to company that opposition could provide bargaining time - Winding up not opposed - Whether company was insolvent - Whether obligation to advise on commercial utility of defending winding-up application - Magistrate dismissing solicitors' action for fees for advice - Magistrate erring in holding as to scope of duty - "Holistic advice".

Criminal law - Murder - Evidence - Circumstantial case - Whether Faure warning necessary - Corroboration - Essential quality of corroboration evidence - Circumstantial evidence amounting to corroboration - Verdict not unsafe or unreasonable - Sentence - Sentence not reduced on account of offender's distress and human frailty - Revenge killing - Sentence of 22 years' imprisonment not manifestly excessive.

Courts and judges - County Court - Suppression orders - Scope of jurisdiction - Necessity - Fair trial - Risk of prejudice - Criminal trial in circuit town - Alleged sexual offences against children - Annual national campaign designed to prevent sexual assaults against children - Campaign publicity in circuit town - Prohibition orders - Validity - Challenge by campaign organisation - Spent orders - Delay - Application brought on for expedited hearing as annual event again approached - Discretion - County Court Act 1958 (No 6230) s 36A(3).

Criminal law - Interlocutory appeal - Evidence - Admissibility - Exclusion of improperly obtained evidence - Balancing test - Relevant considerations - Community standards - Police interview - Record - False denials - Two interviews with suspect - Incomplete police compliance with statutory disclosure obligations - First interview inadmissible - Open to treat two interviews as parts of one continuing process - Suspect's personal characteristics and circumstances - No error in exercise of discretion - Crimes Act 1958 (No 6231) s 464C - Evidence Act 2008 (No 47) s 138 - Criminal Procedure Act 2009 (No 7) ss 295(3) 297.

Criminal law - Manslaughter - Criminal negligence - Alternative verdicts - Included offences - Allegation of recklessly causing injury not included in count of intentionally causing injury - Foresight of result - Possibility - Probability - Admissibility of evidence of earlier assault - Verdict not unsafe and unsatisfactory - Sentence - Sentence of five years' imprisonment with non-parole period of three years not manifestly excessive - Crimes Act 1958 (No 6231) ss 372(1) 421(2).

Criminal law - Practice and procedure - Presentment - Amendment - Open to amend presentment after accused put in charge of jury - Joinder of issue - Desirability of re-arraigning accused following amendment.

Contract - Penalties - Compromise - Default in payment of settlement amount - Whether provision creating obligation to pay higher amount on default was penal - Whether obligor acknowledged that higher amount was owing - Whether provision creating an obligation to pay indemnity costs in event of default was penal - Whether obligor acknowledged that it was otherwise obliged to pay indemnity costs.

Criminal law - Appeal - Competence - Serious sexual offenders - Monitoring - Extended supervision order - Appeal against duration - Serious Sex Offenders Monitoring Act 2005 (No 1) ss 11 14 36 39 42.

Criminal law - Appeal - Competence - Serious sexual offenders - Monitoring - Appeal against refusal to make suppression order - Court of Appeal empowered to make suppression order despite judge's refusal to do so - Serious Sex Offenders Monitoring Act 2005 (No 1) ss 11 14 36 39 42 - County Court Act 1958 (No 6230) s 74.

Criminal law - Sentence - Relevant considerations - Sexual assaults on children - Sexual penetration of child under 16 - Indecent act with child under 16 - Consistency of sentencing - Sentencing judge referring to community expectations as to length of sentence - Community values - Knowledge of sentences in common areas of offending - Misconceived public perception that sentences too low - Public interest in better informed community - Sentencing judge not improperly influenced by prevalence of offending conduct or community expectations - General and specific deterrence - Sentencing range - Submissions - Prosecutor's obligation - Offending conduct - Gravity - Not warranting placement at upper end of most serious category - Sentence manifestly excessive - Offender resentenced.

Trade practices - Misleading and deceptive conduct - Causation - Loan valuation - Overvaluation of real estate - Loan advance in reliance on valuation - Borrower defaulting - Lender obtaining possession of security property - Security property damaged by unknown third parties before sale - Whether valuers liable for loss attributable to property damage - Trade Practices Act 1974 (Cth) s 82.

Criminal law - Sexual offences against children - Practice and procedure - Severance of presentment - Evidence - Cross-admissibility - Propensity evidence - Insufficient commonality or pattern of conduct between allegations of one complainant and those of other complainants - Convictions quashed and retrial ordered - Judge's warning against propensity reasoning adequate - Sentence - Offender resentenced on count of possessing child pornography - Crimes Act 1958 (No 6231) ss 372(3) 372(3AA) 372(3AB) 398A.

Accident compensation - Workers compensation - Employer - Self-insurer - Approval - Conditions - Expiration of approval - Each subsequent application for approval a fresh application not a renewal - Accident Compensation Act 1985 (No 10191) ss 141 142 148.

Criminal law - Sentence - Obtaining property and financial advantage by deception - Rolled up count - Individual offences falling within definition of continuing criminal enterprise offence - Whether a single continuing criminal enterprise offence - Total effective sentence not manifestly excessive - Sentencing Act 1991 (No 49) ss 6H 6I

Courts and judges - Children's Court - Jurisdiction - Criminal Division - Indictable offences triable summarily - Unsuitability test - Exceptional circumstances - Prosecutor raising issue of accused's fitness to plead - Magistrate ruling that court lacked jurisdiction to determine fitness question - Magistrate deciding that hearing of charges proceed as committal - Children, Youth and Families Act 2005 (No 96) ss 356 516 522 - Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (No 65) ss 1 3 4 5 8 25(1) 47.

Human rights - Charter of Human Rights and Responsibilities - Fair trial - Children - No Charter question presented - Children, Youth and Families Act 2005 (No 96) s 356 - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 7(2) 32.

Criminal law - Offences against the state - Terrorism - Terrorist organisation - Intentional and knowing membership - Intentional and knowing direction - Possession of thing connected with preparation for terrorist act - Intentional and knowing provision of resources - Proof of existence of organisation - Jury directions - "Connected with preparation for a terrorist act" - "Fostering" - "Member" - "Organisation" - Criminal Code Act 1995 (Cth) Schedule Pt 5.3.

Criminal law - Evidence - Standard of proof - Zoneff warning - Failure to discharge jury - Admissibility of videos showing executions by terrorists - When thing possessed in connection with preparation for terrorist attack - Directions - Double jeopardy - Verdicts not unreasonable or unable to be supported by the evidence.

Criminal law - Fair trial - Jury - Protective services personnel - Explosive ordinance reconnaissance sweeps of court and jury room - Internet search - Dictionary found in jury room.

Criminal law - Sentence - Historical context - Manifest excess - Relativity - Offenders resentenced.

Practice and procedure - Appeal - Dismissal - Discretion - Criteria - Want of prosecution - Categories - Order for provision of security for costs - Non-compliance - Interests of justice - Prejudice - Implementation of settlements with third parties dependent upon finalisation of appeal - Appeal dismissed - Supreme Court (General Civil Procedure) Rules 2005 rr 62.04 64.24(2) 65.