Administrative law - Environment protection and conservation - Old growth forest - Proposed logging in State forest - Controlled harvesting and selling - Obligations - Timber allocation order - Forest management plan - Risk assessment and management - Presence of endangered fauna species - Habitat reserves - Precautionary principle - Flora and fauna protection - Action statements - Code of Practice for Timber Production - Forests Act 1958 (No 6254) ss 3 4 22 - Conservation, Forests and Lands Act 1987 (No 41) ss 4 5 6 7 10 31 - Sustainable Forests (Timber) Act 2004 (No 48) ss 1 4 5 6 13 14 15 16 17 18 19 37 38 39 40 43 44 45 - Flora and Fauna Guarantee Act 1988 (No 47) ss 1 3 4 7 8 11 17 19 20.

Administrative law - Judicial review - Remedies - Injunction - Standing - Special interest in subject matter of litigation - Public interest - Threatened illegal logging in State forest - Conservation group.

Injunctions - Terms - Conditional - Finality - Transparency - Undertaking - Statutory authority - State forest - Threatened unlawful logging - Public interest - Restraint from logging until conditions met.

Animals - Endangered fauna species - Protection - Long-footed potoroo - Orbost spiny crayfish - Giant burrowing frog - Large brown tree frog - Powerful owl - Sooty owl - Spot-tailed quoll - Greater glider - Yellow-bellied glider - Square-tailed kite - Flora and Fauna Guarantee Act 1988 (No 47).

Costs - Discretion - Costs following the event - Party partially successful - Relevant considerations - Public interest - Proportional order.

Town and country planning - Planning scheme - Permit - Construction - Purpose - Plain meaning - Exemption - Heritage control - Site-specific control and precinct control - Victorian Heritage Register - Planning scheme overlay - Permit required under overlay subject to exemption in case of place on register - Primacy of heritage authority over planning authority - Permit for redevelopment of site partially included on register - Review confined to portion of land not on register - Exemption covering both bases of permit requirement under overlay - "Develop" - "Development" - Melbourne Planning Scheme cll 15 43 71 - Planning and Environment Act 1987 (No 45) ss 3 4(2)(f) - Interpretation of Legislation Act 1984 (No 10096) ss 35(a) 39 - Heritage Act 1995 (No 93) ss 1 32 42 48 69 71 73(1) 73(1A)

Administrative law - Judicial review - Remedies - Victorian Civil and Administrative Tribunal - Appeal on question of law - Order nisi to review - Inappropriateness of resorting to other remedy - Administrative Law Act 1978 (No 9234) - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 3 148

Criminal law - Commonwealth drug importation offences - Knowingly concerned in importation of cocaine - Elements of offence - Causal link - Drugs intended for Australia procured in Mexico and first shipped to United States of America - Shipment intercepted by US Customs Service - Australian Federal Police - Controlled operation - Shipment carried to Australia by US Customs Service officials - Official intervention not creating new importation - Liability not dependent on imputing third party action to accused - "Importation" - Customs Act 1901 (Cth) s 233B - Crimes Act 1914 (Cth) s 15M

Criminal law - Trial - Accused absconding before end of trial - Trial continuing in absence of accused - Conviction - No error in judge passing sentence in absence of accused.

Criminal law - Sentence - Accused principal offender - Sentence not vitiated by failure to explain non-parole period - Sentence of 12 years with non-parole period of nine years - Parity - Sentence not manifestly excessive - Crimes Act 1914 (Cth) s 16F(1)

Limitation of actions - Building contracts - Time measured from date of issue of certificate of occupancy - Dwelling - Defective site preparation - Footings - Failure to comply with design - Defects detected a decade after certificate issued - Proceeding commenced more than 10 years after certificate issued - Whether site preparation amounted to building work - "Building action" - "Building work" - "Damages for loss or damage arising out of or concerning defective building work" - Building Act 1993 (No 126) ss 3 16 129 134.

Building contracts - Progress payment - Statutory entitlement - Claim - Validity - Referral to adjudicator - Whether delivered prematurely - Time for response - Whether taking of work out of hands of contractor affected entitlement to payment for previous work - Building and Construction Industry Security of Payment Act 2002 (No 15) ss 14(1) 15(4) 18(1)(a) 21(2B) 22(5)(a)

Building contracts - Construction - Practice and procedure - Service on superintendent - Service by email - Building and Construction Industry Security of Payment Act 2002 (No 15) s 50 - Amended Australian Standard General Conditions of Contract AS2124-1992 cll 2 7 9 14 15 18 21 22 23 42 43 44 50

Administrative law - Judicial review - Jurisdiction - Onus to establish excess of jurisdiction - Reception of new material - Procedural fairness - Content - Adjudicator not permitting further submissions by principal to new material filed by contractor - Supreme Court (General Civil Procedure) Rules 2005 O 56.

Human rights - Charter of Human Rights and Responsibilities - Referral of Charter question to Supreme Court - Criteria - Charter of Human Rights and Responsibilities Act 2006 (No 43) s 33.

Practice and procedure - Stay of proceedings - Potential criminal charges arising out of the same conduct as the civil proceeding - Risk of injustice - Whether McMahon v Gould principles should be reconsidered in light of ss 24 and 25 of Charter of Human Rights and Responsibilities Act 2006.

Practice and procedure - Costs - Appeal costs - Indemnity certificate - Entitlement - Case stated - Special case - Charter of Human Rights and Responsibilities - Victorian Civil and Administrative Tribunal - Referral of question of law to Supreme Court - Unavailability of certificate - "Question of law" - Appeal Costs Act 1998 (No 87) ss 3(1) 19 - Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 Ch II rr 5 6

Criminal law - Sentencing - Sexual offences against persons under 16 years of age - Offender with significant intellectual disability - Residential treatment orders - Power to make multiple orders - No power to make order for cumulation - Appeal allowed - Appellant resentenced to single residential treatment order - Sentencing Act 1991 (No 49) ss 7 16 80 - Disability Act 2006 (No 23) s 152

Accident compensation - Workers compensation - Weekly payments - Pleadings - Statement of claim - Refusal of amendment application - Refusal of application to refer questions to statutory medical panel - Earlier adverse panel opinion - Discretion miscarrying - Not open to determine applications while judicial review proceeding of adverse panel opinion pending - No utility in remitting proceeding to County Court - Accident Compensation Act 1985 (No 10191) ss 5(3)(a) 52 - County Court Act 1958 (No 6230) s 74(2D).

Practice and procedure - Appeal - Interlocutory order - Workers compensation - Pleadings - Refusal of amendment application - Whether appeal as of right or by leave - Accident Compensation Act 1985 (No 10191) ss 5(3)(a) 52 - County Court Act 1958 (No 6230) s 74(2D).

Courts and judges - Fair trial - Interests of justice - Necessity test - Prejudicial pre-trial publicity - Accused person facing trial on murder and drug trafficking charges - Accused's notoriety and criminal history - Suppression orders - Statutory jurisdiction - Inherent jurisdiction - Proceedings order - General order - Criteria - Interests of justice - Public's right to know - Deference due to trial judge's exercise of discretion - Publication on world wide web - Order to remove material from applicants' website not necessary to protect trial process.

Contempt of court - Publication - Ascertainment of time and place - World wide web.

Practice and procedure - Supreme Court - Appeal - Competence - Trial Division - Unavailability of appeal - Determination made on or in relation to trial of a person on indictment - Suppression orders - "In relation to the trial ... of a person" - Supreme Court Act 1986 (No 110) ss 17(2) 17A(3)

Administrative law - Judicial review - Certiorari - Jurisdictional error - Procedural fairness - Magistrates' Court - Suppression orders - Standing - Chief Commissioner of Police - Statutory necessity test - Non-publication of material identifying participant in witness protection program - Relevant considerations - Maintenance of integrity of witness protection program - Magistrates' Court Act 1989 (No 51) s 126 - Witness Protection Act 1991 (No 15) s 10(5)

Courts and judges - Practice and procedure - Witnesses - Protection - Statutory program - Purposes - Prohibition on unauthorised disclosure of identity of protected witness - Scope - Not limited to living person - "Person who has been a participant" - Interpretation of Legislation Act 1984 (No 10096) s 35(a) - Witness Protection Act 1991 (No 15) ss 3A 10(5)

Police - Chief Commissioner of Police - Maintenance of statutory witness protection program - Deceased participant - Witness Protection Act 1991 (No 15) s 10(5)

Administrative law - Judicial review - High-level policy decisions - Public interest - Ministerial direction - Validity - Justiciability - Road traffic management - Roads Corporation - Arterial roads - Clearway zones - Proposal to extend and standardise times - Minister directing corporation to implement proposal - Effect of direction on earlier decisions of corporation - "All things necessary or convenient" - "Manage" - "Management" - Road Management Act 2004 (No 12) ss 22 39(1) 39(6) 44 Sch 4 cl 2(2) - Road Safety Act 1986 (No 127) s 95 - Transport Act 1983 (No 9921) - Road Safety (Traffic Management) Regulations 2009 (No 129) regs 8 10 20 22.

Local government - Road and traffic management - Clearway zones - State government policy - Municipal councils - Statutory consultation process - Procedural fairness - Statutory dispute resolution process - Minister's determination of dispute - Binding effect - Road Management Act 2004 (No 12) ss 22 125.

Prerogative writs - Habeas corpus - Purpose - Jurisdiction - Proper respondent - Psychiatric patient - Direction to stay overnight at community treatment unit - Whether restraint on freedom sufficient to attract issue of writ - Presumption favouring liberty of subject - Proof - Onus - Standard - Evidence - Sufficiency - Availability of writ as of right once ground for issue established - Clear case for issue of writ - Order that applicant be immediately released from restraints on her freedom of movement - Avoidance of further delay in removing restraints - Supreme Court (General Civil Procedure) Rules 2005 O 57.

Human rights - Charter - Liberty and security of person - Freedom of movement - Relevance to issue of writ of habeas corpus - Charter of Human Rights and Responsibilities Act 2006 (No 43) ss 7(2) 12 21.

Medical practitioners and services - Psychiatric patient - Community treatment order - Compulsory treatment - Resident at community treatment unit - Supervising psychiatrist - Powers and obligations - Patient allowed free movement outside unit during day - Patient denied overnight leave - Mental Health Act 1986 (No 59) ss 4(2) 8(1)(e) 14(3)(b) 19A(4)(e).

Practice and procedure - Fair trial - Adjournment of proceeding - Case coming before court on one day's notice - Habeas corpus application - Case turning entirely on question of law - Liberty of the individual - Adjournment refused.

Real property - Torrens title - Duplicate certificate of title - Registrar of Titles - Powers - Cancellation of duplicate and issue of new duplicate - Criteria - Availability of alternative practical steps - Certificates of title not produced to trustee in bankruptcy - Whether contempt proceedings or other proceedings requiring production should be commenced before orders should be made - Order directing registrar to cancel certificates and issue new certificates - Transfer of Land Act 1958 (No 6399) s 103(1).

Trust and trustees - Testamentary charitable trusts - Terms - Application for approval of amendments - Testator died in 1957 - Administration of trust funds - Machinery for dealing with trust property - Creation of corporate custodian of trust fund assets - Trustees - Appointment and qualifications - Lineage requirement - Modification - Sectarian religious requirement - Removal - Limits on trustee's term of office - Trustee's fixed remuneration - Increase - Indexation - Procedural requirements - Retention and accumulation of income in "smoothing reserve" - Omission of redundant provisions - Consolidation of terms - "Expedient" - "Management or administration" of trust property - Trustee Act 1958 (No 6401) s 63 - Supreme Court (General Civil Procedure) Rules 2005 r 54.02.

Charity and charitable gifts - Trustees - Powers - Charitable purposes - Application of trust fund for purposes necessary or desirable to carry out trust purposes - "Necessary or desirable" - Charities Act 1978 (No 9227) s 7L.

Criminal law - Murder - Consciousness of guilt - Lies - Directions - Identification of lie - Edwards direction - Ciantar procedure - Judge directing as to overall lie rather than individual lies - Acceptable in unusual circumstances of case - Demeanour - Video-tape of police interview - Relationship evidence - Verdict not unsafe and unsatisfactory.

Accident compensation - Workers compensation - Leave to bring common law proceedings - Serious injury - Severe mental or permanent severe behavioural disturbance or disorder - Cause of action arising before 12 November 1997 - Limitation period - Expiration of three years after incapacity became known - Proof - Onus - Worker - Sufficiency - Absence of subjective knowledge of facts which, viewed objectively, constituted serious injury - "Became known" - Accident Compensation Act 1985 (No 10191) ss 135A(4)(b) 135AC(b).

Guarantee and surety - Landlord and tenant - Tenant repudiating lease - Re-entry by landlord - Tenant resuming occupancy pursuant to licence - Tenant repudiating licence - Landlord's action against guarantor - Original lease and guarantee not extinguished by subsequent licence.

Damages - Landlord and tenant - Tenant repudiating lease - Measure of damages for breach of lease diminished by subsequent entry into licence.

Guarantee and surety - Lease - Assignment - Whether assignee's guarantors had contribution right against original lessee's guarantor - Whether lessor's release of original lessee and original lessee's guarantor discharged guarantee by assignee's guarantors - Assignor's right of recoupment from assignee and assignee's guarantor.

Criminal law - Trial - Conduct of prosecutor - Duties - Drug offences - Conspiracy to traffic - Large commercial quantity - Drug of dependence - Prosecutor warning to defence counsel - Rule in Browne v Dunn - Prosecutor acted unfairly in misleading jury - Substantial miscarriage of justice.

Criminal law - Sentence - Mitigation - Offer to plead guilty to lesser offence not mitigating factor - Sentence not manifestly excessive.

Criminal law - Criminal liability - Attribution - Joint venture between three corporations - Absence of separate legal personality - Criminal responsibility attributable only to individual corporations - Prosecution of joint venture misconceived - No evidence against individual corporations - Charges dismissed.

Occupational health and safety - Duty to ensure workplace safe and without risks to health - Duty owed by employer to employees and others - Duty extended to employees of subcontractor, to extent of employer's control - Duty also owed by person who has management or control of workplace - Joint venture between three corporations - No evidence to show any of corporations was employer or had management or control of workplace - No basis to treat corporations as dutyholders - Inapplicability of statutory transfer of duty from partnership to officers - Occupational Health and Safety Act 2004 (No 107) ss 21 23 26 145.

Criminal law - Interlocutory appeal - Pre-trial application for dismissal of charges - Application refused by trial judge - Refusal to certify - Review of refusal - Appropriate case for interlocutory appeal - Successful appeal saved time and cost of flawed trial - Criminal Procedure Act 2009 (No 7) s 296.

Criminal law - Conspiracy to murder - Trial - Apprehended bias - Co-accused pleading guilty before accused's trial - Trial judge's sentencing remarks concerning co-accused - Knowledge to be attributed to fair-minded independent lay observer - Operation of criminal justice system - Public interest in judges dealing sequentially with trials of co-accused - Need for realistic appraisal of judicial impartiality.

Criminal law - Trial - Fair trial - Crown - Disclosure - Evidence - Deceased witness - Committal deposition - Transcript of police interview - Transcript not disclosed by Crown - Accused deprived of full opportunity of cross-examining witness - New trial ordered - "Full opportunity of cross-examining the witness" - Evidence Act 1958 (No 6246) s 55AB.

Criminal law - Jury - Peremptory challenge - Valid when made in absence of accused.

Criminal law - Jury - Communication to trial judge - Request for view - Trial judge declining in part counsel's request for access to full text of jury question - Error - Not productive of miscarriage of justice - Juries Act 2000 (No 53) s 39.

Administrative law - Judicial review - Domestic body - Refusal of membership - Amenability to judicial review - Datafin principle - Applicability in Australia - Company limited by guarantee - Administrator of overseas student tuition assurance scheme - Statutory approval by Commonwealth Minister for Education - Membership of company a precondition to scheme membership - Whether company exercising governmental powers - Education Services for Overseas Students Act 2000 (Cth) - Education Services for Overseas Students Regulations 2001 (Cth)

Administrative law - Domestic body - Procedural fairness - Hearing rule - Applicability - Anonymous allegations of misconduct - Reputation - Sufficiency of interest to attract hearing rule.

Administrative law - Reasons for decision - No special circumstances warranting imposition of duty to provide reasons.

Criminal law - Sentencing - Imprisonment - Exercise of mercy - Hardship to offender's family - Exceptional circumstances test - No residual discretion to exercise mercy where circumstances not exceptional - Same test for Commonwealth offences - Crimes Act 1914 (Cth) s 16A(2)(b).

Criminal law - Sentencing - Murder - Sentence of life imprisonment - Attempted murder - Intentionally causing serious injury - Firearms offence - Non-parole period of 35 years not manifestly excessive.

Criminal law - Sentencing - Consecutive sentences - Life imprisonment - Sentence consecutive on life imprisonment void.

Criminal law - Sentencing - Comparable worst cases - Limited impermissible use.

Criminal law - Sentencing - Totality principle not to be used to moderate other individual sentences when life imprisonment imposed.

Criminal law - Sentencing - Director's appeal - Attempted murder - Test for Crown appeals where specific error demonstrated - Aggravating circumstances - Good Samaritan shot for coming to assistance of stranger in desperate need of assistance - Would-be rescuer shot again after being felled - General deterrence - Sentence of 12 years' imprisonment for attempted murder manifestly inadequate - Sentence of five years' imprisonment for being a prohibited person using an unregistered firearm not manifestly inadequate.

Criminal law - Sentencing - Director's appeal - Conspiracy - No general rule that sentence for conspiracy should be less than sentence for substantive offence - Additional gravity of acting in concert - Crown sentencing range too narrow - Sentences manifestly inadequate - Crimes Act 1958 (No 6231) s 321C(1)(c).

Criminal law - Sentence - Cumulation - State and Commonwealth fraud offences - Sentence of six years' imprisonment with effective minimum term of four years and six months - Judge did not err by cumulating Commonwealth sentences upon State non-parole period - Sentence not manifestly excessive - Crimes Act 1914 (Cth) s 19(3).

Criminal law - Murder - Parties - Principal offenders - Categories - Elements of liability - Joint criminal enterprise - Presence at the time of act(s) causing death not a requirement - Requirement of participation in criminal enterprise - Counselling and procuring - Not a requirement that accused must know or believe that death will result from acts of principal - Not a requirement that procuring be a cause of principal's conduct.

Criminal law - Trial - Abuse of process - Acceptance by Crown of pleas of guilty by principals to manslaughter - Crown not precluded from contending that accused counselled or procured principals to commit murder.

Criminal law - Sentence - Crown appeal - Murder - Prolonged torture, humiliation and degradation of victim - Sentence of 20 years' imprisonment with non-parole period of 17 years not manifestly inadequate.

Criminal law - Sentence - Manslaughter - Sentence of 12 years' imprisonment with a minimum term of nine years' imprisonment not manifestly excessive.