Practice and procedure — Parties — Substitution of party — Assignment of cause of action — Claim of misleading or deceptive conduct — Whether assignable — Whether valid assignment made — Whether determination of valid assignment a necessary pre-condition to substitution of party — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 9.09(2)(a)

Companies — Winding-up — Liquidator’s power of sale of company property — Company’s claim of misleading or deceptive conduct — Whether liquidator empowered to sell non-assignable cause of action — Corporations Act 2001 (Cth), s 477(2)(c)

Companies — Statutory derivative action — Good faith — Best interests of company — Impact of liquidation on availability of action — Corporations Act 2001 (Cth), ss 236, 237

Practice and procedure — Pleading — Striking out — Failure to disclose cause of action — Estoppel — Equitable estoppel — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 23.02

Stamp duty — Exemptions — Charitable purpose — Other purposes beneficial to community — Service club — Whether purpose of raising ethical standards in business and the professions is charitable — Whether purpose of club directed to members or the community generally — Duties Act 2000 (Vic), s 45

Trusts and trustees — Trustee’s duties — Breach of trust — Unit trust established for property development — Discounted units issued to some investors in breach of trust — Deed of release — Effect of release — Whether applicant’s lack of full knowledge of circumstances of breach of trust rendered release of equitable claims unenforceable

Equity — Estoppel — Equitable estoppel — Deed of release — Representations that all claims against respondents were compromised — Effect of release — Whether applicant’s lack of full knowledge of circumstances of breach of trust rendered release of equitable claims unenforceable — Clean hands

Trusts and trustees — Relief — Equitable relief for breach of trust, breach of fiduciary duties, and knowing assistance — Allowance — Whether reductions should be made to the quantum of profit to be disgorged to prevent inequity to defaulting fiduciary

Equity — Interest — Equitable relief for breach of trust, breach of fiduciary duties, and knowing assistance — Whether to award statutory interest rate or lower equitable rate — Whether to award compound interest

Practice and Procedure — Relief — Premature disclosure of offer of compromise before relief determined — Whether determination of relief must be remitted — Whether discretion to determine relief notwithstanding disclosure — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 26.05(2)

Evidence — Admissibility — Hearsay — Witness deceased — Protected witness — Prosecution seeking to rely on statements and video-recorded re-enactments by deceased protected witness as exceptions to hearsay in criminal trials — Disclosure of information regarding protected witness — Considerations informing order for disclosure — Witness Protection Act 1991 ss 1, 3AAA, 3AA, 10(1)(c) — Evidence Act 2008 (Vic), s 65(2)

Practice and Procedure — Freezing order — Undertaking as to damages — Whether Director of Consumer Affairs required to give undertaking as to damages — Circumstances in which the Crown or a statutory authority may be required to give an undertaking as to damages

Town planning — Valuation and compensation — Land reserved for public purpose — Compensation under pt 5 of Planning and Environment Act 1987 (Vic) — Claim for loss on sale, expenses and intangible non-financial disadvantage referred to Court — Interest on compensation — Quantum of compensation for loss on sale and expenses agreed before trial — Whether statute barred award of interest on agreed loss on sale and expenses — Planning and Environment Act 1987 (Vic), ss 98, 99, 100, 101, 105 and 106 — Land Acquisition and Compensation Act 1986 (Vic), pts 10 and 11 and s 37 — Supreme Court Act 1986 (Vic), s 60(2)(d)

Interest — Land compensation claim — Agreed quantum of debt on some heads of claim, with contested issues determined by Court after trial — Whether interest claimable on agreed quantum — Whether interest ‘on any sum for which judgment is entered or given by consent’ — Supreme Court Act 1986 (Vic), s 60(2)(d)

Words and Phrases — ‘sum’

Criminal Law — Summary offence — Proof of offence — Hearing in absence of accused — Preliminary brief served on accused — Preliminary brief with duly attested statement of alleged facts forming basis of charge — Where Magistrate determined case on basis of preliminary brief in absence of accused — Whether valid conviction on basis of preliminary brief only — Criminal Procedure Act 2009 (Vic), ss 25(1), 37(2), 38, 41, 47, 80, 83(4), 84(1)(a), 84(1)(b), 84(1)(c), 272 — Evidence Act 2008 (Vic), s 8 — Road Safety Act 1986 (Vic), ss 79, 83

Criminal law — Sentencing — Delay — Lengthy interval between offending and sentence — Relevance of delay

Criminal law — Sentencing — Representative charges — Serious sexual offender — Principles applicable to sentencing on representative charges

Administrative Law — Judicial review — Decision — Minister deferred decision on planning permit application — Review of Minister’s deferral determination — Whether Minister is a ‘tribunal’ — Whether deferral determination a ‘decision’ — Whether deferral determination ultra vires — Whether deferral determination unreasonable — Administrative Law Act 1978 (Vic), s 2 — Planning and Environment Act 1987 (Vic), s 97F

Garnishee — Judgment debtor entitled to undetermined portion of sum paid into court by garnishee — Garnishor’s summons heard when debt due to judgment debtor by garnishee not yet ascertained — Whether debt ‘due’ or ‘accruing’ — Whether summons competent — Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 71.01(1), 71.02(2)(b), 71.04(1), 71.06, 71.08, 71.09, 71.11

Garnishee — Summons — Practice and procedure — Whether judgment debtor entitled to be heard on garnishee summons — Applicable principles

Contract — Insurance — Indemnity — Workers compensation insurance — Injuries of independent contractor — Claims in negligence and for breach of statutory duty — Third party insurer denied liability to indemnify defendant — Whether injured worker required to be an ‘employee’ — Accident Compensation Act 1985 (Vic) — Occupational Health and Safety Regulations 2007 (Vic)

Words and Phrases — ‘nature of employment’

Evidence — Client legal privilege — Waiver — Issue waiver — Party claiming privilege alleging misleading or deceptive conduct in sale of business — Whether issue waiver by alleging reliance on misrepresentations — Evidence Act 2008 (Vic), s 122(2)

Judicial Review — Authority to prosecute — Appointment and authority to prosecute under Rail Safety Act 2006 (Vic) — Effect of scheme establishing new scheme of regulation — Whether authority included former offences

Statutory interpretation — Transitional provisions — Doctrine of implied saving — Whether repealed statutory provisions preserved by necessary implication — Effect of ss 14(2) and 17(1) of the Interpretation of Legislation Act 1984 (Vic) — Effect of scheme transferring metropolitan passenger operations to national control — Transport (Compliance and Miscellaneous) Act 1983 (Vic), ss 228T, 229A(1), 229B — Transport (Safety Schemes Compliance and Enforcement) Act 2014 (Vic), ss 1, 3, 105(1)(b), 145, 146 — Transport Legislation Amendment (Rail Safety Local Operations and Other Matters) Act 2013 (Vic), ss 22, 23, 103

Guardianship — Appointment of litigation guardian — Applicable principles — Mental capacity — Whether subject incapable of managing legal affairs by reason of infirmity — Whether subject’s solicitor may be appointed

Practice and procedure — Appointment of litigation guardian — Applicable principles — Whether litigation guardian who is solicitor must appoint a solicitor — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 2.04

Contract — Option — Termination — Notice of termination addressed to solicitor rather than to principal — Deed required that notice ‘must be addressed to the intended recipient’ — Whether notice valid — Construction of notice

Contract — Penalties — Whether termination of deed for non-compliance with statutory demand penal in operation — Whether failure of party to comply with or set aside statutory demand would have been foreseen at time of formation

Equity — Relief against forfeiture — Option deed — Termination on defined insolvency event — Non-observance of statutory demand for indemnified legal costs — Whether termination penal — Whether unconscionable to exercise right of termination — Whether mistaken belief as to compliance with demand sufficient for relief against forfeiture

Practice and procedure — Party — Joinder — Application to join religious diocese as party — ‘Non-Government Organisation’ — Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic), ss 1, 4, 7, 8

Practice and procedure — Pleadings — Amendment — Statement of claim — Allegations of historic breach of duty of care — Whether breadth of amendments unfair

Statutory interpretation — Joinder of Non-Government Organisation — Where proceedings commenced prior to the commencement of Act — Whether retrospective application of law — Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic), ss 4, 7, 8, 13 — Interpretation of Legislation Act 1984 (Vic), s 35(a) — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 9.11(3)(a)

Negligence — Occupiers’ liability — Duty of care to any person on the premises — Allegation of sexual assualt committed on premises — Whether injury or damage by reason of the ‘state of the premises’ — Wrongs Act 1958 (Vic), s 14B(3)

Practice and procedure — Pleadings — Whether proper basis for denial and non-admission in defence — Whether defence inconsistent with public admissions — Civil Procedure Act 2010 (Vic), ss 29, 42(1A), 46

Companies — Liquidation — Liquidators’ application for directions — Priority of distribution of assets in liquidation — Whether marketing fees under franchise agreement available for distribution amongst creditors — Whether marketing fees held on trust — Interaction of Commonwealth legislation — Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth) — Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Cth) — Corporations Act 2001 (Cth), ss 478(1)(a), 556

Trade Practices — Franchising — Franchise agreement — Marketing fees — Franchisees contributed towards marketing fund — Fund held by franchisor — Liquidation of franchisor — How unused marketing fees to be distributed — Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth), cl 17 — Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Cth), cl 15, 31(3)

Equity — Trusts — Quistclose trust — Intention of payer — Franchise — Marketing fees — Contributions paid by franchisees to franchisor — Liquidation of franchisor — Whether unspent proceeds of marketing fund held on trust for franchisees — Whether intention that marketing fund be an asset of franchisor — Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Cth), cl 31(3)

Guardianship — Child protection — Interim Accommodation Order — Appeal — Approach on appeal — Whether child should be removed from its parents’ care — Whether unacceptable risk of harm — Best interests of the child — In the best interests of child to remain with mother — Children, Youth and Families Act 2005 (Vic), ss 8, 10, 262, 263, 271

Courts and Judges — Children’s Court — Appeal — Child Protection — Conduct of proceedings by specialist tribunal — Weight of decision of Magistrate — Obligation to take Secretary’s evidence at its highest — Children, Youth and Families Act 2005 (Vic), ss 271, 507(2)

Words and Phrases — ‘unacceptable risk of harm’

Administrative law — Delegation — Validity — General delegation — Whether notice issued by delegate needed to recite fact of delegation — Whether notice issued by delegate needed to specify delegated powers — Validity of delegation in advance of occasion for exercise of delegated power

Local Government — Inspection — Compulsory powers of investigation — Delegation — Notice to produce documents — Notice to appear for examination — Notices issued by delegates of the Chief Municipal Officer — Refusal to comply with notices — Whether notices invalid — Whether delegation invalid — Local Government Act 1989 (Vic), ss 223A, 223B

Trusts — Trustees — Appointment of new trustees — Trust property — Indemnity — Equitable lien — Whether former trustees entitled to retain possession of trust property pending satisfaction of accrued right of indemnity

Private international law — Recognition of judgments — Foreign in personam judgment — Requirements at common law for local recognition and enforcement of foreign judgment — Concurrent proceeding — Second proceeding commenced in the People’s Republic of China without notice to defendant after commencement of proceeding in Australia — Whether defendant submitted to foreign jurisdiction — Whether defendant denied natural justice in foreign jurisdiction — Whether commencement of concurrent proceeding an abuse of process

Banks and banking — Cheques — Dishonoured cheque in purported repayment of loan — Whether total or partial failure of consideration — Cheques Act 1986 (Cth), ss 35, 36

Contract — Purported loan from plaintiff to defendant — Consideration — Whether total failure of consideration

Trade practices — Misleading or deceptive conduct — Representations — Whether misleading or deceptive — Whether representations attributable to plaintiff — Whether representations caused defendant to invest in business — Competition and Consumer Act 2010 (Cth), Sch 2, s 18

Tort — Negligence — Damages for non-economic loss — Prisoner stabbed by fellow prisoner — Whether claimant required to comply with significant injury provisions of pt VBA of the Wrongs Act 1958 — Wrongs Act 1958 (Vic), ss 28LC(2), 28LB, 28LE, 28LF

Word and Phrases — ‘relates to’

Criminal law — Appeal — Discharge of juror — Association between relative of applicant and relative of juror — Questioning of juror by judge — Juror ignorant of association — Whether actual or apprehended bias of juror — Test for discharge — Test for appellate review — Juries Act 2000 (Vic), ss 43(a), (d)

Practice and Procedure — Confidentiality orders — Party seeking confidentiality orders over information inadvertently disclosed in open court — Whether Open Courts Act 2013 applied — Common law principle of open justice — Open Courts Act 2013 (Vic), ss 3, 7, 17, 20

Practice and procedure — Costs — Criminal law — Criminal proceedings permanently stayed as abuse of process — Whether statutory or inherent power to order costs against prosecution in favour of successful stay applicants — Costs against non-party — Intervener — Australian Crime Commission joined stay application as intervener — Whether Australian Crime Commission a juristic entity amenable to a costs order — Principles governing order of costs against intervener — Supreme Court Act 1986 (Vic), s 24

Unincorporated associations — Church fellowship — Membership — Whether infants or minors could be members of the unincorporated associations — Whether requirement that persons be eighteen years of age to be members of the unincorporated association

Unincorporated associations — Political party — Membership — Expulsion — Jurisdiction to review non-compliance with constitution of association — Whether jurisdiction arises from statutory recognition of political parties — Whether jurisdiction arises from plaintiff’s interest in property of association — Whether jurisdiction arises from effects of expulsion on the plaintiff’s livelihood or reputation

Unincorporated associations — Constitution of association — Principles of construction — Whether constitution conferred on national executive unlimited powers to expel members

Criminal law — Interlocutory appeal — Evidence — Admissibility — Record of interview — Questioning of person taken into custody — Right to silence — Respondent held in custody after ‘no comment’ interview pending further investigations — Whether respondent released or brought before bail justice or Magistrates’ Court ‘within reasonable time’ — Whether continuing detention for improper purpose — Crimes Act 1958 (Vic), s 464A