Companies — Winding up — Cross-border insolvency — Registered foreign company — Application for recognition of foreign external administration proceeding — Application seeking court to act in aid of or auxiliary to foreign proceeding — Centre of main interests — Foreign company managed in Australia — No establishment in foreign jurisdiction — UNCITRAL Model Law on Cross-Border Insolvency — Corporations Act 2001 (Cth) ss 471A, 481, 581, 583 — Cross-Border Insolvency Act 2008 (Cth) ss 6,22

Words and phrases — ‘Centre of main interests’ — ‘Establishment’ — ‘Foreign main proceeding’ — ‘Foreign non-main proceeding’ — ‘Foreign proceeding’ — ‘Public policy’

Companies — Winding up — Cross-border insolvency — Registered foreign company — Concurrent external administration proceeding in foreign country — Application for recognition of foreign external administration proceeding — Application seeking court to act in aid of or auxiliary to foreign proceeding — Differences between United States ch 11 proceeding and winding up — Whether winding up order precluded — Whether winding up order should be made — Corporations Act 2001 (Cth) ss 471A, 481, 581, 583 — Cross-Border Insolvency Act 2008 (Cth)

Land tax — Assessment — Owner — Possession — Purchaser in possession — Whether purchaser under a contract of sale of land is in possession of the land for the purposes of assessing land tax — Meaning of ‘possession’ — Land Tax Act 2005 (Vic)s 15

Trusts — Trust accounts — Trust documents — Court-appointed trustee of deadlocked trusts — Fixed and discretionary trusts — Discretionary powers effectively removed by court order — Application by beneficiary for production of trust accounts and other trust documents — Whether ‘proprietary approach’ or ‘discretionary approach’ to be applied

Crown immunity — Tort — Whether Crown personally liable in tort — Whether Crown only vicariously liable for servants, agents or independent contractors of Crown — Crown Proceedings Act 1958 (Vic) ss 23(1)(b), 25

Words and phrases — ‘Liability of the Crown’ — ‘Rights of parties.’

Criminal law — Bail — Whether applicant required to show cause — Contravention of family violence intervention order — No physical force or threats or menaces — ‘Violence’ — Bail Act 1977 (Vic)s 4(4)(ba)

Practice and procedure — Costs — Wasted costs jurisdiction — Application for costs against lawyers for opposing party — Alleged breach of overarching obligations under Civil Procedure Act 2010 — Delay in application for costs — Adequacy of explanation for delay — Appropriate test for order — Factors relevant to the exercise of discretion under r 63.23 of the Supreme Court (General Civil Procedure) Rules 2005 — Civil Procedure Act 2010 (Vic)ss 7, 8, 9(1)(f), 18, 25, 29(1)(e), 29(1)(f), 30, 63 — Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 63.23

Evidence — Privilege — Settlement negotiation privilege — Party in later unprivileged letter repeats communications occurring at without prejudice meeting — Whether that party had thereby waived its privilege — Whether that party had thereby consented to disclosure of communications at meeting — Whether other parties could later consent thereby allowing evidence of the meeting to be given — Discussion of the difference between ‘disclosure’ and ‘adducing evidence’ — Evidence Act 2008 (Vic) s 131

Arbitration — Arbitration award — Award failing to determine all issues — Whether a final award — Whether arbitrator’s mandate terminated — Whether award may be set aside — Commercial Arbitration Act 2011 (Vic) ss 32, 34(2)(a)(iii)

Arbitration — Arbitration agreement — Application to stay court proceedings — Whether agreement inoperative or incapable of being performed — Commercial Arbitration Act 2011 (Vic) s 8(1)

Professions — Discipline — Education — Misconduct — Investigation by school principal of complaint by student against teacher — Whether misconduct by principal in relation to the investigation and communication with parents — Meaning of ’misconduct’ — Education and Training Reform Act 2006 (Vic) s 2.6.1

Accident compensation — Serious injury application — Whether injury occurred in compensable circumstances — Payment of statutory benefits by insurer — Whether admission against interest by employer — Nature and significance of admission — Worker’s credibility in issue — Accident Compensation Act 1985 (Vic) s 134AB

Arbitration — Subpoena — Domestic arbitration — Application for subpoena to non-party to attend for examination before an arbitral tribunal — Whether reasonable grounds required for the issue of subpoena — Commercial Arbitration Act 2011 (Vic), ss 27, 27A

Criminal law — Sentencing — Crown appeal against sentence — Terrorism offences — Doing acts in preparation for, or planning, a terrorist act — Young offender — Gravity of terrorism offences — Relevance of nature and extent of contemplated act — General deterrence — Protection of the community and incapacitation of offender — Mitigating factors of personal nature — Prospects of rehabilitation — Whether less than standard weight to be allowed to mitigating factors than in other forms of offending — Criminal Code Act 1995 (Cth) s 101.6

Contempt — Sub judice rule — Comments by Commonwealth Ministers regarding proceedings pending before Court of Appeal — Whether Ministers and those involved in publication of comments ought to be referred for prosecution for contempt — Role of newspaper — Whether contempts purged by apologies

Criminal law — Sentencing — Terrorism offences — Doing acts in preparation for, or planning, a terrorist act — Re-sentencing following successful Crown appeal — Protection of the community — Whether potential application of continuing detention order regime relevant upon re-sentencing — Criminal Code (Cth) div 105A

Practice and procedure — Discovery — Public interest immunity — Class claim — Documents characterised as Cabinet documents — Precursor documents — Sufficiency of evidence to support claim for public interest immunity — Whether cross-examination appropriate — Whether public interest immunity applies — Evidence Act 2008 (Vic) ss 130, 131A

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

Practice and procedure — Discovery — Public interest immunity — Contents claim — Foreign relations documents — Sample documents — Whether public interest immunity applies — Evidence Act 2008 (Vic) ss 130, 131A — International Organisations (Privileges and Immunities) (International Committee of the Red Cross) Regulation 2013 (Cth) reg 6

Evidence — Public interest immunity — Foreign relations documents — International organisations — Whether ‘real risk’ or a ‘probability’ of harm to the national interest required

Administrative law — Judicial review — Habeas corpus — Jurisdictional error — Validity of Orders in Council — Jurisdictional fact — Power to establish centres for detention of young persons — Children, Youth and Families Act 2005 (Vic), ss 1, 3, 8, 9, 10, 11, 478, 482, 484, 487, 488

Administrative law — Judicial review — Jurisdictional fact — Power to exempt class of persons from prohibitions on possession and use of controlled weapons — Control of Weapons Act 1990 (Vic), ss 5A, 8B

Human rights — Charter of Human Rights and Responsibilities — Children — Protection of child in their best interests — Humane treatment when deprived of liberty — Public authorities — Obligation to act compatibly with human rights — Obligation to give proper consideration to human rights — Effect of failure to act compatibly with human rights or give proper consideration to human rights — Declarations — Injunctions — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 10(b), 17(1), 17(2), 22(1), 38(1), 39(1)

Contract — Formation — Offer and acceptance — Whether agreement to give personal guarantee

Contract — Mistake — Unilateral mistake — Rectification — Mistake as to loans for which guarantee given

Guarantees — Gross misconduct or fraud of the mortgagee — Impairment of security — Absolute discharge of guarantor — Discharge not prevented by terms of guarantee

Mortgages — Mortgagee’s duties on sale — Advertising and marketing of sale — Obtaining contemporaneous valuation — Covert sale to a co-surety

Restitution — Money had and received — Indirect receipt — Stolen funds — Change of position defence — Whether defendants acted in good faith — Failure to make enquiries that an honest and reasonable person would make

Equity — Constructive trust — Volunteer receiving stolen money — Black v S Freedman & Co trust — Knowledge of circumstances indicating the theft to an honest and reasonable person

Equity — Barnes v Addy liability — Knowing receipt — Knowing assistance — Failure to make enquiries that an honest and reasonable person would make

Equity — Tracing into mixed fund — Plaintiffs’ money mixed with defendant’s and innocent third parties’ money — Appropriate tracing method

Real property — Indefeasibility of title — Fraud exception — Fraud of agent acting within scope of authority — In personam exception

Gaming — Receipt of stolen or embezzled funds — Strict liability — Territorial scope of application — Whether bets placed in or governed by the laws of Victoria — Gambling Regulation Act 2003 (Vic) s 2.6.3

Private international law — Choice of law — Wills and codicils — Deceased Australian citizen domiciled in China — Testamentary note made in China — Note disposed of part of Victorian personal estate — Whether will — Whether validity of note as a will governed by Victorian law or Chinese law — Whether Victoria appropriate forum — Proof of foreign law — Evidence Act 2008 (Vic) s 174 — Wills Act 1997 (Vic) s 17

Administration and probate — Partial intestacy — Assets in Victoria and China — Whether intestacy provisions of Victorian law or Chinese law apply — Effect of order of Supreme Court of Victoria granting letters of administration for a will disposing of only part of deceased’s personal estate in Victoria