Costs — Discretion — Defendant represented by senior counsel appearing alone — Application for order certifying senior counsel's appearance fees at above scale rate

Prerogative writs — Habeas corpus — Justification for detention — Person on parole arrested and detained on suspicion of involvement in drug trafficking — Person not charged with criminal offence — Adult Parole Board ordered detention and then cancelled parole following arrest — Precondition of state of satisfaction of Board — Whether suspicion of offence sufficient — Corrections Act 1986 (Vic) ss 78C(1)(a), (3)

Practice and procedure — Service of originating process outside Australia without leave — Application by defendant to set aside writ or stay proceeding — Relevant test — Whether plaintiff required to show `strongly arguable case' — Supreme Court (General Civil Procedure) Rules 2005 (Vic) rr 7.01, 7.05

Corporations — Directors and officers — Company officer indemnified for legal costs and expenses — Whether indemnity arises before verdict or only at conclusion of proceedings — Effect of obligation to refund if officer found guilty — Whether indemnity for costs and expenses of criminal proceedings breaches statutory prohibition — Corporations Act 2001 (Cth) s 199A(3)

Appeal — Leave to appeal — `Real prospect of success' — Supreme Court Act 1986 (Vic) ss 14A, 14C

Landlord and Tenant — Prohibition of sub-letting without landlord's consent — Entire apartment listed on Airbnb — Whether lease or licence — Terms of advertisement — Whether guests had exclusive possession during stay — Whether characterization of apartment as tenant's principal place of residence relevant — Whether tenant's ability to make guest who overstays leave the apartment relevant — Residential Tenancies Act 1997 (Vic) s 253(1)

Corporations law — Statutory demand — Application to set aside demand — Registry of Supreme Court of Victoria closed on Tuesday after Easter — Easter Tuesday not a public holiday — Application filed on next day — Whether filed one day late — Whether Acts Interpretation Act 1901 (Cth) extended time for making application to set aside a statutory demand — Corporations Act 2001 (Cth) s 259G — Acts Interpretation Act 1901 (Cth) ss 36(2), 36(3)

Words and phrases — `holiday', `and'

Costs — Third party payer — Information sought from solicitors for purposes of determining whether to apply for costs review — Solicitors providing invoices redacting items subject to claims for client professional privilege — Whether `sufficient information' provided to enable third party payer to decide whether to apply for costs review — Jurisdiction to grant declaratory relief — Legal Profession Practice Act 2004 (Vic), ss 3.4.2A(1), 3.4.38(7), 3.4.45 — Supreme Court Act 1986 (Vic) s 36

Negligence — Duty of care — Loss — Factual causation — Solicitor — Failure to advise company and directors on effect of statutory demand lapsing — Failure to attend at hearing of winding up application — Whether solicitor’s conduct caused plaintiff’s loss — Multiple causes of loss — Wrongs Act 1958 (Vic) ss 51(1)(a), (2)

Negligence — Advocate’s immunity — Conduct out of court — Course of conduct — Part not immune, part immune — Which conduct causative of loss

Trade practices — Misleading or deceptive conduct — Whether conduct by solicitor ‘in trade or commerce’ — Australian Consumer Law s 18

Contribution between tortfeasors — Test to be applied — Wrongs Act 1958 (Vic) ss 24AF, 24AH, 24AI

Testator's family maintenance — No provision for adult daughter — Moral duty to the applicant conceded — Where quantum in dispute — Administration and Probate Act 1958 (Vic) Part IV — Justice Legislation Amendment (Succession and Surrogacy) Act 2014 (Vic) s 5

Real property — Recovery of land — Application for summary judgment — Whether necessary for the plaintiff to plead and prove that the plaintiff gave notice of default and that the defendant failed to remedy the default — Transfer of Land Act 1958 (Vic), s 78(1)

Discrimination — Services — Accommodation — Refusal — Attribute — Sexual orientation — Camping facility — Proposed use by same sex attracted young persons — Religious opposition to homosexual sexual activity — Corporation — Conduct on behalf of corporation — Liability — Direct — Vicarious — Equal Opportunity Act 1995 (Vic) ss 49(a), 102

Discrimination — Exceptions and exemptions — Whether conflict between obligation to act in non-discriminatory way and right to religious freedom — Refusal of accommodation — Proposed use of camping facility by same sex attracted persons — Attribution of states of mind — ‘a body established for religious purposes’ — ‘necessary ... to comply with the person’s genuine religious beliefs or principles’ — ‘necessary to avoid injury to ... religious sensitivities’ — Equal Opportunity Act 1995 (Vic), ss 75(2), 77

Human rights — Statutory interpretation — Religious freedom — Discrimination — Services — Accommodation — Refusal — Sexual orientation — Whether special rule of interpretation applicable — International human rights jurisprudence — Charter of Human Rights and Responsibilities Act 2006 (Vic), s 32

Evidence — Admissibility — Hearsay — Chinese company search — Whether `public document' — Whether `business record' — Admissibility as to truth of contents — Discretion to exclude from evidence — Evidence Act 2008 (Vic)ss 48(1)(f), 69, 136, 156

Practice and procedure — Discovery — Public interest immunity — Contents claim — Whether legitimate forensic purpose demonstrated by plaintiff — Whether basis for secrecy or confidentiality demonstrated — Whether balancing exercise called for — Documents concerning screening of incoming passengers by Australian Border Force — Completed incoming passenger cards, training materials, identification of officers and CCTV footage — Evidence Act 2008 (Vic), ss 130, 131A

Evidence — Public interest immunity — Cross-examination of deponent of affidavit in support of public interest immunity claim — Whether permissible

Bankruptcy and insolvency — Property of bankrupt — Claims for malicious prosecution and misfeasance in public office — Plaintiff bankrupt when initiating proceedings — Whether claims statutorily assigned to the Official Trustee — Whether claims in relation to ‘personal injury or wrong’ — Bankruptcy Act 1966 (Cth) ss 5, 58, 60(4), 116(1), (2)(c) , (2)(g)

Practice and procedure — Evidence — Journalist privilege — Relevant considerations for declaring a journalist compellable to disclose confidential sources — Nature of public interest in disclosure — Nature of public interest in investigative journalism — Whether adverse consequences likely from disclosure — Balancing of interests — Evidence Act 2008 (Vic), ss 126J,126K, 131A

Practice and procedure — Preliminary discovery to identify a prospective defendant — Whether reasonable cause to believe that applicant has or may have right to obtain relief against a journalist's confidential source — Discretionary considerations — Journalist privilege — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 32.03(2)

Companies — Winding up — Creditor’s statutory demand — Application to set aside demand — When demand served — Service by post — Address unattended during holidays — Corporations Act 2001 (Cth) ss 109X, 459G — Evidence Act 1995 (Cth) s 195

Companies — Winding up — Creditor’s statutory demand — Application to set aside demand — Creditor located interstate — Failure of applicant to include notice under Service and Execution of Process Act — Service and Execution of Process Act 1992 (Cth) ss 9, 16

Companies — Winding up — Creditor’s statutory demand — Failure to comply with prescribed form of demand — No address for service in State in which debtor company located — Whether statutory demand null and void — Corporations Regulations 2001 (Cth), sch 2, form 509H

Practice and procedure — Appeal — Appeal from County Court — Judgment or order — Ruling and observations made by judge in exchange with counsel — County Court Act 1958 (Vic) s 74 — Supreme Court Act 1986 (Vic) s 10(1)(c)

Administrative law — Coercive powers order for examination under Major Crime (Investigative Powers) Act 2004 — Non-publication direction made by delegate — Direction later rescinded — Instrument of delegation ‘in respect of’ coercive powers order — Whether delegation extended to revocation of non-publication direction — Interpretation of Legislation Act 1984 (Vic) s 41A — Major Crime (Investigative Powers) Act 2004 (Vic) ss 4, 43, 65(4)

Appeal — Judicial review — Application for extension of time to commence — Special circumstances — Factors — Strength of merits — Assessment by associate judge — Supreme Court (General Civil Procedure) Rules 2005 (Vic)ch I, r 56.02(3)

Appeal — Leave to appeal to Court of Appeal — Real prospects of success — Argument on appeal not raised below — Discretion to refuse leave — Supreme Court Act 1986 (Vic) s 14C

Constitutional law — State Parliament — Casual vacancy in Legislative Council — Legislative Assembly declined proposal of Legislative Council for joint sitting to fill vacancy — Application for mandamus to compel Premier to advise Governor to convene joint sitting — Internal proceedings of Parliament — Whether justiciable — Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 47.04

Constitutional law — Preliminary question — Whether Court should decline to hear the proceeding on basis that there was no justiciable controversy — Principle of executive cognisance — Constitution Act 1975 (Vic) ss 8, 19, 20, 27A, 87E

Constitutional law — Preliminary question — Whether the Governor has power to convene a joint sitting of the Houses of Parliament

Words and phrases — ‘Justiciable controversy’ — ‘exclusive cognisance’

Practice and procedure — Discovery of documents — Production for inspection of discovered documents — Power of Court to limit inspection of discovered documents — Overarching purpose — Resolving real issues in dispute — Utility of inspection — Cost of discovery and inspection — Applicability of related previous judicial discovery ruling in proceeding — Discretion of Court — Civil Procedure Act 2010 (Vic) s 55

Practice and procedure — Discovery of documents — Privilege — Without prejudice privilege — Documents in connection with Fair Work Commission proceedings under Fair Work Act 2009 (Cth) s 240 — Whether Fair Work Commission an ‘Australian court’ — Whether dispute referred to Fair Work Commission one in which relief could be granted in an ‘Australian proceeding’ — Whether Fair Work Commission processes a ‘proceeding’ — Evidence Act 2008 (Vic) ss 131(1),(5)(a) — Fair Work Act 2009 (Cth) ss 240, 590(2)(d)

Words and phrases — ‘No utility’

Appeal — Appeal from Victorian Civil and Administrative Tribunal — Application for leave to appeal on a question of law — Summary dismissal power — Whether summary dismissal available at conclusion of applicant’s case — Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 75, 148

Criminal law — Sentencing — Obtaining financial advantage by deception — `Course of conduct' charge involving more than one incident of the offence — Whether orthodox sentencing principles applicable to sentencing on course of conduct charge — Relevance of maximum penalty for the offence — Criminal Procedure Act 2009 (Vic) sch 1 cl 4A — Sentencing Act 1991 (Vic) s 5(2F)

Criminal law — Sentencing — Statutory murder — Killing in the course or furtherance of a crime of violence — Whether statutory murder inherently less serious than common law murder — Whether sentencing court entitled or obliged to consider whether act causing death done with intent to cause death or really serious injury — Current sentencing practices for statutory murder — Need for sentencing standards to change to reflect gravity of offence — Whether sentencing judge entitled to depart from agreed facts — Crimes Act 1958 (Vic) s 3A

Real property — Joint tenancy — Severance of joint tenancy — Representation as to future — Whether intention to sever joint tenancy

Criminal law — Sentencing — Dangerous driving causing death — Offender’s culpability and degree of responsibility for the offence — Whether offender’s moral culpability was ‘very high’ — Sentencing Act 1991 (Vic) s 5(2)(d)

Companies — Winding up — Liquidator — Costs and expenses of ‘care, preservation and realisation’ of assets — Equitable lien — Whether lien dependent on realisation of assets or creation of fund

Equity — Equitable lien — Liquidator — Costs and expenses of care, preservation and realisation of assets — Whether lien dependent on realisation of assets or creation of fund

Practice and procedure — Subpoena — Production of documents — Medical records — Privilege — Doctor and patient — Disclosure of patients’ names — Information necessary to prescribe or act for patient — Statutory interpretation

Human rights — Right to privacy — Unlawful or arbitrary interference — Evidence (Miscellaneous Provisions) Act 1958 (Vic) s 28(2) — Health Records Act 2001 (Vic) ss 3(1), 7, 21(1), sch 1 Health Privacy Principle 2.1, 2.2 — Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 6, 7, 13, 32

Criminal law — Sentencing — Crown appeal — Commonwealth and State offences — Child pornography offences — Accessing child pornography — Knowingly possessing child pornography — Manifest inadequacy of sentence — Gravity of child pornography offences — Classification of child pornography material — Whether community correction order manifestly inadequate — Cumulation between federal and State offences — Residual discretion not to interfere — Criminal Code 1995 (Cth) s 474.19(1) — Crimes Act 1958 (Vic) s 70(1)