Discrimination — Disability discrimination — Owners corporations of apartment block — Member of owners corporations seeking alterations to common property to accommodate disability — Whether owners corporations provide ‘services’ under Equal Opportunity Act 2010 (Vic) — Equal Opportunity Act 2010 (Vic) ss 1, 3, 4, 7(1)(b), 44, 45, 56 — Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 148

Agency — Manager of partnership of group of companies — Administrators appointed to partners and manager — Whether manager as agent held assets on trust for partnership — Nature of any trust — Agent’s right of indemnity — Whether agent held possessory lien over partnership assets in its possession — Whether possessory lien lost by administrators’ later sale of assets — Whether possessory lien extended to sale moneys deposited in bank account later established by administrators — Whether leases entered into by sub-agent of the agent were partnership assets held on trust for partnership

Evidence — Privilege — Patient records privilege — Application for subpoena for patient medical records — Whether VCAT determination of disciplinary charges a ‘proceeding’ — Evidence (Miscellaneous Provisions) Act 1958 (Vic) s 28(2)

Medical practitioners and services — Disciplinary proceeding — Professional misconduct — Patient records privilege — Patient refusing consent for access to medical records — ‘Civil suit action or proceeding’ — Evidence (Miscellaneous Provisions) Act 1958 (Vic) s 28(2) — Health Practitioner Regulation National Law (Victoria) Act 2009 (Vic) s 193(1)(d)

Real property — Tenancy in common — Whether one owner may establish adverse possession against co-owner

Limitation of actions — Adverse possession — Co-ownership — Co-owner receiving excessive share of rent — Whether intention to possess required — Aggregation of successive periods of adverse possession — Limitation of Actions Act 1958 (Vic) s 14(4)

Limitation of actions — Fraudulent concealment — Whether equitable fraud sufficient — Limitation of Actions Act (Vic) 1958 s 27(b)

Partnerships and joint ventures — Tenants in common — Deemed partnership under Income Tax Assessment Act 1936 (Cth) — Whether partners under general law

Property law — Contract for sale of land — Co-owners — Implied terms — Where vendors were co-owners — Contract executed by all parties — Where one co-owner refused to execute transfer of land — Whether other co-owners may compel completion — Existence of implied duty to co-operate as between vendors — Existence of implied obligation on each party to do all that is reasonably necessary to secure performance of the contract — Property Law Act 1958 (Vic) s 49

Practice and procedure — Originating process — Application to commence proceedings by originating motion in Form 5C — Whether special procedure appropriate — Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 45.05

Practice and procedure — Circumstances in which appropriate to order execution of an instrument by Prothonotary — Supreme Court Act 1986 (Vic) s 22

Practice and procedure — Non-party’s request to obtain transcript of interlocutory hearing — Evidence by affidavit — Transcript of argument only — Matters to be considered

Practice and procedure — Court documents — Orders for confidentiality of filed documents — Court’s inherent jurisdiction — Application for pre-action discovery of documents — Respondents’ apprehension that grounds of application insinuate scandalous or seriously improper conduct — Whether confidentiality order over all Court documents ought be made — Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 28.05

Administrative law — Plaintiffs with mental illness refusing electroconvulsive therapy (ECT) — Whether plaintiffs had capacity to consent to, and refuse, treatment — Test for determining capacity — Whether ECT was least restrictive treatment — Mental Health Act 2014 (Vic) ss 5(b), 68(1), 68(2), 69, 93, 96(1), 96(2)

Human rights — Right to freedom from non-consensual medical treatment — Right to privacy — Right to equality before the law — Assessment of compatibility with the plaintiffs’ human rights — Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 8(3), 10(c), 13(a), 38(1)

Negligence — Breach of duty of care — Council public roadside reserve — Injury from stormwater pit — Probability of risk — Whether failure to assess probability of risk prospectively — Whether factual findings open — Wrongs Act 1958 (Vic) ss 48(2)(a), 48(2)(b)

Statutory interpretation — Road authority — Meaning of ‘pathway’ — Whether reserve an ‘other area constructed or developed by a responsible authority for use by members of the public’ — Whether Council immune from liability — Road Management Act 2004 (Vic) ss 3, 107

Statutory interpretation — ‘Criminal proceedings do not lie against a person by reason only’ — Whether immunity from criminal prosecution — Industrial action — Secondary boycott — Allegation against union officials of blackmail — Competition and Consumer Act 2010 (Cth) ss 45D, 45E, 76 and 78

Administrative law — Where judge relied on documents obtained after hearing concluded without informing parties — Whether applicants denied procedural fairness — Whether outcome would have been different in absence of denial of procedural fairness

Practice and procedure — Client legal privilege — Implied undertaking or Harman obligation — Disclosure of documents during taxation of costs — Whether waiver of privilege — Whether implied undertaking applied to documents disclosed in the course of taxation — Whether circumstances warranted release of implied undertaking — Stay of execution — Whether taxation should be stayed pending further proceedings arising out of disclosure — Evidence Act 2008 (Vic) s 122 — Supreme Court (General Civil Procedure) Rules 2015 (Vic) rr 66.14, 66.16

Negligence — Duty of care — Police tort claims — Whether duty of care owed by police to the plaintiffs — Family violence — Alleged duty of care to affected family members named in extant intervention orders to prevent breach of orders — Alleged duty of care to women and children to prevent family violence by repeat offenders — Reasonable foreseeability and salient features of the relationship between the plaintiffs and the defendant — Whether the evidence at trial likely to demonstrate the required degree of proximity between the plaintiffs and the defendant — Civil Procedure Act 2010 (Vic) ss 62, 63 — Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 23.02 — Victoria Police Act 2013 (Vic) s 73

Criminal law — Sentence — Mitigation — Aboriginal offender — Koori Court — Whether sentence manifestly excessive — Whether appellant’s participation in Koori Court given sufficient weight — Principles to be considered when determining weight to be given to participation in sentencing conversation — Whether obligation to seek feedback from Elders — Role of Gladue reports — County Court Act 1958 (Vic) ss 4E, 4G

Courts and judges — Protective jurisdiction — Parens patriae — Best interests of child — Medical treatment — Pregnant 17 year old adherent of Jehovah’s Witness faith — Child refusing to consent to administration of blood or blood products during or after delivery of baby because of religious belief — Child’s mother not willing to consent — Whether in child’s best interests to make declaration — Human Tissue Act 1982 (Vic) s 24

Judicial review — Validity of search warrants — Delegation — Power to delegate to ‘any person’ — Delegation by Department Head to person other than public official — Whether delegation valid — Search warrant — Precondition for application — Need for ‘written approval’ — Instrument ‘allowing’ named person to apply for search warrant — Whether application valid — Prevention of Cruelty to Animals Act 1986 (Vic) ss 1, 24C, 24G, 24K, 38 — Interpretation of Legislation Act 1984 (Vic) s 48

Legal practitioners — Duties of loyalty — Confidential information — Former client — Company in liquidation suing former directors — Solicitor previously retained by company now acting for defendant — Application to restrain solicitor from acting — Relevant considerations — Administration of justice — Scope of duty of loyalty — Solicitor for party potential witness

Vehicles and traffic — Driving offences — Speeding — Temporary speed-limit sign — Whether elements of offence include proof that sign erected with lawful authority — Whether prosecution required to so prove when called upon to do so — Road Safety Road Rules 2009 (Vic) rr 1,20(1), 315, 316 — Road Safety (Traffic Management) Regulations 2009 (Vic) rr 1, pt 2

Administrative law — Judicial review — Jurisdictional error — Magistrates’ Court — ‘Proper venue’ — Application for transfer of criminal sentencing to Koori Court Division sitting at other location — Exercise of discretion — Relevant considerations — Relevance of Charter of Human Rights and Responsibilities — Magistrates' Court Act 1989 (Vic) ss 4D, 4E, 4F, 4G — Administrative Law Act 1978 (Vic) s 10

Human rights — Charter of Human Rights and Responsibilities — Equal and effective protection against discrimination — Application for transfer to Koori Court Division — Whether Magistrates’ Court acting in administrative or judicial capacity — Whether Magistrates’ Court a public authority — Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 4(1)(j), 38(1)

Human rights — Charter of Human Rights and Responsibilities — Application of Charter to judicial functions — Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 6(2)(b), 8(3), 19(2)(a)

Administrative law — Judicial review — Victorian Civil and Administrative Tribunal — Error of law — Occupational regulation — Child-related work — Negative assessment notice — Category A application — Protection of children from sexual and physical harm — Whether paramount consideration determinative and overriding consideration — Whether paramount consideration given effect to — ‘Likelihood of future threat’ — ‘Unjustifiable risk’ — ‘Paramount consideration’ — Working with Children Act 2005 (Vic) ss 1A, 26A(3)(h), 26A(4), 26A(5)

Australian consumer law — Misleading or deceptive conduct — Contract — Exclusion clause — Whether possible to limit the time in which a claim can be brought under the Australian Consumer Law pursuant to contract — Whether limitation contrary to public policy — Australian Consumer Law ss 18, 236(2)

Practice and procedure — Pleadings — Misleading or deceptive conduct — Continuing misrepresentation — Misrepresentation by silence — Whether misleading or deceptive conduct claim properly pleaded as continuing representation — Whether claim based on continuing representation outside the ambit of the pleadings

Administrative law — Judicial review — Coroner — Inquests — Re-opening of coronial investigation — Inquest finding death from medical condition — Applicant alleging Coroner misinterpreted expert medical opinion obtained for purposes of investigation — Whether ‘unsustainability test’ to be satisfied for re-opening — ‘New facts and circumstances’ — Coroners Act 2008 (Vic) s 77(2), 77(3)(a), 77(3)(b)

Coroners — Coroner’s power to ‘comment on any matter connected with death’ — Alleged denial of natural justice or procedural fairness regarding Coroner’s comment — Whether ground for seeking to have coronial investigation re-opened — Coroners Act 2008 (Vic) ss 67(1), 67(3), 87

Coroners — Appeal — Relief on appeal — Whether relief limited to directing application of correct legal test — Whether power to order new coronial investigation — Coroners Act 2008 (Vic) ss 77, 84, 87(4), 87A

Appeal — Admission of further evidence on appeal — Document before original decision-maker — Document not adduced on appeal to primary judge — Self-represented litigant — Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 64.13

Evidence — Hearsay — Exception — Business records — Medical panel notes — Notes provided by ‘voluntary informal discovery’ — Admissibility — Whether exception inapplicable on the basis of notes prepared in connection with a proceeding — Provenance of panel notes — Evidence Act 2008 (Vic) ss 63, 69(1), 69(3)(a)

Administrative law — Judicial review — Jurisdictional error — Failure to take into account a mandatory relevant consideration — Denial of natural justice — Whether medical panel mistook or misunderstood plaintiff’s history of incident alleged to have caused injury

Defamation — Appeal — Damages — Damages for non-economic loss — Aggravated damages — Special damages — Loss of valuable opportunity — Grapevine effect — Andrews damages — Damages for general decline in business — Statutory cap for non-economic loss — Whether award of aggravated damages constrained — Defamation Act 2005 (Vic) ss 1, 3, 6, 23, 34, 35, 37, 38