Administrative law — Judicial review — Supervision of inferior courts — Magistrates’ Court — Jurisdictional error — Infringement penalty notice scheme (PERIN) — Power to relieve fine if satisfied of mental or intellectual impairment of offender or other special circumstances — Power to relieve imprisonment if excessive, disproportionate and unduly harsh, having regard to the offender’s situation — Default in payment of instalments of fines — Need for consideration of alternatives as pre-condition to exercise of imprisonment power — Whether Court obliged to make own inquiries — Magistrate declining to consider alternatives in absence of written evidence of impairment — Infringements Act 2006 (Vic) ss 160(2), (3)

Human Rights — Charter of Human Rights and Responsibilities — Statutory interpretation — Interpretation compatible with human rights — Liberty — Fair hearing — Equal protection of law — Infringement penalty notice scheme (PERIN) — Default in payment of penalty — Imprisonment — Alternative non-custodial dispositions available — Interpretation requiring consideration of alternative non-custodial disposition — Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 6, 21, 24, 32 — Infringements Act 2006 (Vic) ss 160(1), (2), (3)

Companies — Charges — Security interest — Payment into joint account pursuant to court order to abide outcome of appeal — Liquidation of unsuccessful payer prior to dispersal of funds — Nature of interests in fund — Whether interest of successful party a ‘security interest’ — Whether interest ‘provided for by a transaction’ — Whether interest ‘provided for by operation of general law’ — Personal Property Securities Act 2009 (Cth) ss 8(1), 12(1), 267(1), (2)

Equity – Equitable interests – Payment into joint account pursuant to Court order — Nature of interest in fund

Limitation of Actions — Part IIA — Cause of action for damages that relate to personal injury — Claims for false imprisonment, assault, trespass to land and trespass to goods — Whether damages claimed for consequential personal injury were damages that relate to personal injury — Whether `personal injury' confined to physical injury or recognised psychiatric illness — Whether Part IIA applied to other claims for damages not relating to personal injury founded on same cause of action — Nominal, compensatory, aggravated and exemplary damages — Limitation of Actions Act 1958 (Vic) s 27B(1)

Limitation of Actions — Part IIA — Extension of time — Date cause of action is discoverable — Whether reasonable to expect self-represented plaintiff to have ascertained identity of defendants by pre-action discovery process — Whether just and reasonable to grant extension of time to bring claims — Whether prejudice occasioned to defendants — Whether delay by self-represented litigant fully explained — Limitation of Actions Act 1958 (Vic) ss 27D(1)(a), 27F, 27K(2), 27L

Practice and procedure — Abuse of process — Litigant advancing own claims after acting as litigation guardian regarding same incidents — Application by defendants for summary judgment — Whether claims would cause unjustifiable oppression to defendants — Whether claims would bring administration of justice into disrepute — Overarching obligations — Civil Procedure Act 2010 (Vic) ss 7, 8, 9, 10, 18, 23, 25

Estoppel — Anshun estoppel — Application for summary judgment — Plaintiff not party to prior proceeding, but acted as prior claimant's litigation guardian — Whether unreasonable for plaintiff not to have brought personal claims as part of prior proceeding — Interaction of Anshun estoppel and abuse of process principles

Criminal law — Interlocutory appeal — Evidence — Admissibility — Opinion evidence — Requirements — Specialised knowledge — Expert forensic evidence — DNA samples — Likelihood ratios — New statistical methodology — Evidentiary reliability — General acceptance — Validation — Probative value — Unfair prejudice — Decision of trial judge open — ‘Good grounds’ — ‘Specialised knowledge’ — ‘Knowledge’ — Evidence Act 2008 (Vic) ss 79(1), 137

Criminal law — Jury trial — Discharge — Necessity as guiding principle — Procedure — Conduct of trial — Cross-examination of Crown witnesses — Conduct of trial judge — Display of impatience from outset of trial — Intervention — Criticism of defence counsel — Counsel's first jury trial — Vague and repetitive questions — Reaction of jury — Note to judge — Some jury members concluding that judge viewed defence counsel as incompetent — Implication that defence case was unmeritorious — Application for discharge of jury refused — Substantial miscarriage of justice — Prejudice not cured by judge's direction — Appeal allowed

Real Property — Lease — Option to purchase — Sale with lease back of part of land — 99 year lease at nominal rent with option to purchase — Lessee erected structure without building permit — Breach of lease — Whether lessee repudiated lease — Whether breach serious enough to justify termination

Criminal law — Joint criminal enterprise — Joint trial — Four accused — Armed robbery, aggravated burglary, intentionally causing serious injury — Application for separate trials refused — Victim identified each accused as having participated — Additional evidence admissible only against second and third accused respectively — Impermissible enhancement of credibility of victim in case against first accused — Separate consideration requirement — Misuse of inadmissible evidence — Conviction of first accused quashed — Conviction of second accused affirmed

Criminal law — Sentencing — Armed robbery, aggravated burglary, intentionally causing serious injury — Total effective sentence eight years' imprisonment with non-parole period of five years — Sentence within range

Arbitration — Stay of Court proceedings — Referral to arbitration – Partial referral — Matters for determination in Court proceeding within scope of arbitration agreement — Determination of a `matter' — Whether `matter' for determination must be sustainable or have reasonable prospects of success — Whether `matter' within scope of arbitration agreement — Whether matters under Corporations Act 2001 (Cth) capable of settlement by arbitration — International Arbitration Act 1974 (Cth) s 7(2)(b)

Words and Phrases — `Capable of settlement by arbitration'

Criminal law — Sentencing — Baseline sentencing — Sexual offences — Incest — Median sentence — Median as statistical product of series of numbers — Parliament's intention that future median sentence be 10 years' imprisonment — Statistical period not specified — Ascertainment of intended median — Judicial and non-judicial functions — `Median' — `Median sentence' — Crimes Act 1958 (Vic) s 44(1), (1A) — Sentencing Amendment (Baseline Sentences) Act 2014 (Vic) — Sentencing Act 1991 (Vic) ss 3(1), 5A

Statutory interpretation — Legislative intention — Ascertainment — Sentencing — Baseline sentencing — Gap in legislation — Necessary implication — Extraneous materials — Second Reading Speech — Presumption against overturning common law doctrines — Provisions incapable of practical operation — Sentencing Act 1991 (Vic) s 5

Tort — Civil conspiracy to injure corporation — Proof — Fraudulent charges made for the repair of shipping containers — Whether open to infer from circumstantial evidence that each applicant was a participant in the conspiracy

Equity — Secret commissions — Fraudulent misrepresentations — Making false warranties in sale of business agreement — Reliance by buyer on representations — Proof of receipt — Whether inference open

Evidence — Civil conspiracy — Inferences to be drawn from party giving false account — Inference to be drawn against defendant from nature of cross-examination of other witnesses — Inferences to be drawn from failure to give evidence — Privilege against self-incrimination — Implied waiver of privilege against self-incrimination by nature of cross-examination — Effect of course of conduct at trial

Practice and procedure — Interest — Supreme Court Act 1986 (Vic) ss 58, 60

Criminal law — Case stated — Jurisdiction and powers of County Court — Appeal from Magistrates' Court — Nature of appeal to County Court — Hearing de novo — County Court power to reinstate charges struck out by magistrate — Criminal Procedure Act 2009 (Vic) ss 254, 256, 302A

Criminal law — Sexual offences against children — Offences committed in 1970s — Delay in complaint — Jury direction — Trial judge's comments concerning victims of sexual offending — Charge — Balanced — Crimes Act 1958 (Vic) s 61

Criminal law — Sentencing — Sexual offences against children — Offences committed in 1970s — Offender aged 76 years at sentencing — Poor health — Delay — Low risk of reoffending — Total effective sentence of nine years' imprisonment with non-parole period of six years — Sentence manifestly excessive

Town and country planning — Heritage considerations — Integrated decision-making — Application for planning permit under multiple permit controls — Whether permit to demolish heritage place to be considered first and by reference to matters pertaining to heritage conservation policy only — Whether permit for development as a whole to be granted only where favourable decision in relation to each planning control — Interpretation of planning schemes — Planning and Environment Act 1987 (Vic)

Practice and procedure — Overarching obligations — Civil proceedings — Claim for nominal damages — Disproportionate legal costs — Breach of overarching obligations — Whether court can dismiss proceeding rather than award nominal damages — Whether plaintiff should pay defendant's costs on an indemnity basis — Civil Procedure Act 2010 (Vic) ss 24, 28, 29

Practice and procedure — Subpoena to give evidence — Application for service out of Australia — Jurisdiction — Prospective witness resident in Singapore - Comity of nations — Whether `exceptional circumstances' exist to justify infringing the sovereignty of Singapore — Relevance of witness's willingness to comply with subpoena — Relevance of connecting factors with Victoria — Supreme Court (General Civil Procedure) Rules 2005 (Vic) r 7.06

Criminal law — Sentencing — Two appeals — Negligently causing serious injury — Driving motor vehicle — Sentences of three years and six months' and four years' imprisonment respectively — High degree of negligence — Excessive speed — High blood alcohol level — Very serious injuries — Offending in upper range of seriousness — Not manifestly excessive

Criminal law — Sentencing — Current sentencing practice — Negligently causing serious injury — Driving motor vehicle — Maximum penalty increased from five years to ten years — Whether sentencing practice reflected increased maximum — Whether sentencing for upper range offences adequate — Need for sentencing practice to change — Crimes Act 1958 (Vic) s 24 — Sentencing Act 1991 (Vic) ss 5(2)(a), (b)

Criminal law — Occupational health and safety — Duty to provide and maintain safe working environment so far as reasonably practicable — Failure to eliminate or reduce risks to safety of employees — Failure to provide necessary training and supervision — Erection of pile driving rig — Risk of collapse if not correctly erected — Employee with no experience in erecting machine — No relevant training or supervision — Whether safety measures would have eliminated or reduced risk — Whether reasonably practicable — Occupational Health and Safety Act 2004 (Vic) ss 20, 21(2)(a), (e),23(1)

Criminal law — Trial — Occupational health and safety — Basis of criminal liability — Causation — Jury directions — Duty to eliminate or reduce risks so far as reasonably practicable — Risk-based offences — Breach constituted by failure to implement safety measures — Liability not dependent on proof of harm — Not necessary to show causal link with death or injury — Occupational Health and Safety Act 2004 (Vic) ss 20, 21

Criminal law — Practice and procedure — Pleading — Occupational health and safety — Particulars — Multiple particulars — Joinder of charges — Occupational Health and Safety Act 2004 (Vic) s 33(2)

Criminal law — Appeal — Sentence — Director's appeal — Occupational health and safety offences — Offence gravity — Culpability — Standard of proof — Whether relevant that death or injury resulted — Impact of offending on victims — General deterrence — Whether aggregate fine appropriate — Sentencing Act 1991 (Vic) ss 3 and 5(2)(daa)

Words and phrases — `Undertaking'

Arbitration — Foreign award — Application to enforce foreign award — Public policy — Whether enforcement of award would give rise to double recovery — Court's inherent and equitable powers in aid of proper execution — International Commercial Arbitration Act 1974 (Cth) ss 8(2), (7)(b)

Equity — Rescission — Agreements for purchase of shares — Arbitral award declaring agreements rescinded and ordering repayment of purchase price — No orders requiring retransfer of purchased shares — Whether purchasers' rescission effective to reconvey equitable title to shares — Whether necessary that arbitral award required rescinding purchasers to reconvey legal title

Appeals — Court of Appeal — Civil appeal — Application for leave to appeal against decision of Victorian Civil and Administrative Tribunal constituted by presidential member — Supreme Court Act 1986 ss 14A–14D — Victorian Civil and Administrative Tribunal Act 1998 s 148

Statutory interpretation — Interpretation of two State Acts – Whether inconsistency arises — Whether `real prospects of success' test inconsistent with `sufficient doubt' test

Building contract — Applicant's breach of contract resulted in slab heave and structural distress in respondents' house — Damages — Whether Tribunal erred in assessing damages as cost of demolishing and rebuilding house

Judicial review — Whether Tribunal failed to provide adequate reasons for decision

Guarantee and surety — Construction — Clause requiring calculation of `ultimate balance' due — Whether clause required creditor to exhaust remedies against principal debtor before enforcing guarantee — Clause dealing with treatment of later receipts by creditor from liquidator — Whether clause affected sum due and owing when insolvency event occurred