Administrative law — Tribunals — Victorian Civil and Administrative Tribunal — Jurisdiction — Local government — Application to stand down Councillor under s 229 Local Government Act 2020 (Vic) — Whether jurisdictional precondition for application — Local Government Act 2020 (Vic), ss 224, 229

Local government — Councillors — Misconduct — Councillor charged with serious offences — Application to Tribunal stand down Councillor — Jurisdiction of Tribunal — Local Government Act 2020 (Vic), ss 171, 224, 229

Statutory interpretation — Local Government Act 2020 (Vic) — Victorian Civil and Administrative Tribunal — Jurisdiction of Tribunal — Whether inconsistency between sections of Local Government Act — Whether to depart from literal meaning — Whether obvious drafting error — Whether applying literal meaning of legislation would lead to absurd or unintended result — Whether clear identification of words omitted or to be added to meet identified legislative intent — Local Government Act 2020 (Vic), ss 224, 229

Human Rights — Charter of Human Rights and Responsibilities — Participation in public affairs — Presumption of innocence — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 18, 25, 32

Practice and procedure — Preservation of property — Cryptocurrency wallet — Passwords — Risk of loss of subject matter of proceeding — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 37.01(1)

Administrative law — Judicial review — Director of Housing — Decision to apply for orders terminating tenancy and granting possession to landlord — Request for reasons — Whether decision to apply for termination and possession orders a ‘decision’ for the purposes of the Administrative Law Act 1978 (Vic) — Administrative Law Act 1978 (Vic), ss 2,8(1), 8(4) — Residential Tenancies Act 1997 (Vic), ss 538, 548, 549(1), 549(4) — Charter of Human Rights and Responsibilities Act 2006 (Vic), s 38(1)

Landlord and tenant — Public housing — Residential tenancy — Director of Housing — Application for termination and possession orders — Effect on tenant’s rights of decision to apply for possession order — Residential Tenancies Act 1997 (Vic), ss 538, 548, 549(1), 549(4)

Words and phrases — ‘decision’

Practice and procedure — Summary dismissal — Claim for declarations and injunctions to protect Aboriginal places and objects — Impugned decision no longer relied upon — Whether legal controversy continued to exist — Whether real prospect of success — Aboriginal Heritage Act 2006 (Vic), ss 27, 28, 46 — Charter of Human Rights and Responsibilities Act 2006 (Vic), s 39(1) — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 23.01(1) — Civil Procedure Act 2010 (Vic), ss 63, 64

Judgment, orders and declarations — Injunctions — Proposed amendments to pleadings — Declaration sought in civil proceedings of past criminal conduct — Whether exceptional circumstances exist to justify relief — Injunction in advance of statutory process — Whether amendments have no real prospect of success — Supreme Court (General Civil Procedure) Rules 2015 (Vic), ord 36

Practice and procedure — Pleadings — Amendment — Statement of claim — Order in the nature of certiorari — Extension of time — Whether special circumstances exist — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 56.02(3)

Mining and minerals — Licence application — Concurrent competing applications — Ranking — Refusal of highest ranking application — Variation of licence — Adjoining existing licence varied to encompass area applied for under lower ranked licence application — Decision made outside statutory period for decision — Judicial review — Validity of decisions — Mineral Resources (Sustainable Development) Act 1990 (Vic), ss 13, 15, 23, 24, 25(1)(d), 25(2), 34

Mining and minerals — Mining warden — Jurisdiction — Dispute — Challenge to decision of Minister made by delegate employee — Whether dispute with ‘employee of the Department’ — Mineral Resources (Sustainable Development) Act 1990 (Vic), ss 4(1), 97, 130 — Interpretation of Legislation Act 1984 (Vic), ss 42(1), 42(1)(c)

Administrative law — Judicial review — Standing — Timber harvesting regulation — Community-based incorporated association — Association sought injunctive and declaratory relief to enforce constraints alleged to have been imposed by regulatory scheme — Whether association had standing to seek relief

Sale of land — Deposit — Vendor’s statement under s 32 of the Sale of Land Act — Easement, covenant or other similar restriction affecting the land — Lease — Non-disclosure of below-market rental — Whether false information or failure to provide required information relating to lease — Whether purchaser entitled to rescind contract — Whether deposit refundable to purchaser — Effect of misleading or deceptive conduct by vendor — Sale of Land Act 1962 (Vic), ss 32, 32C and 32K(1), (2) and (4) — Property Law Act 1958 (Vic), s 49(2)

Practice and procedure — Injunction — Ex parte injunction — Duty of full and frank disclosure to Court — Failure to make disclosure — Costs — Whether costs to be awarded on indemnity basis — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 63.20

Criminal Law — Appeal — Summary offences — Validity of charges — Requirements for valid charge — Whether charge sufficiently described nature of the offence — Whether amendment of chargesheet had effect of charging new offence — Whether charge may be amended where it fails to comply with statutory requirements — Whether charge may be amended outside limitation period — Criminal Procedure Act 2009 (Vic), ss 6, 8, 9, sch 1, cl 1(a), 1(b)

Word and phrases — ‘charge sheet’

Trusts — Discretionary trust — Application for judicial advice — Application for consent to variation — Arrangement to extend perpetuity period — Whether trust deed specifies a ‘date certain’ for vesting and determining perpetuity period — Whether arrangement should be approved by the Court on behalf of minor and unborn beneficiaries — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 54.02 — Perpetuities and Accumulations Act 1968 (Vic), s 5(3) — Trustee Act 1958 (Vic), ss 63, 63A

Practice and procedure — Group proceeding under pt 4A of the Supreme Court Act 1986 (Vic) — Claim against superannuation fund trustees for breach of statutory and general law duties — Claim for restitution of account balances — Whether proceeding was one ‘concerning property subject to a trust’ — Whether proceeding validly commenced — Supreme Court Act 1986 (Vic), s 33B(2)(b)(ii)

Trusts and trustees — Superannuation — Nature of beneficiary’s interest in superannuation fund — Standing — Meaning of ‘loss or damage’ — Superannuation Industry (Supervision) Act 1993 (Cth), s 55(3)

Words and phrases — ‘proceeding ... concerning property subject to a trust’ — ‘loss or damage’

Trusts and trustees — Judicial advice — Trustee of superannuation fund — Proposed amendments to trust deed — Whether trustee justified in amending trust deed to add fee-charging power on the part of the trustee — Superannuation Industry (Supervision) Act 1993 (Cth), ss 56, 57 — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 54.02

Statutory construction — Victims of Crime Assistance Act 1976 — Meaning of the term ‘primary victim of an act of violence’ for eligibility for an award of financial assistance — Applicant a victim of an aggravated burglary pursuant to Crimes Act 1958, s 77(1)(b) — Whether aggravated burglary an ‘act of violence’ where applicant asleep at the time of offending — Whether direct physical violence against victim required for eligibility — Victims of Crime Assistance Act 1996 (Vic), ss 3, 7(1) — Crimes Act 1958 (Vic), s 77(1)(b)

Words and phrases — ‘act of violence’ — ‘relevant offence’ — ‘involves’

Administrative law — Judicial review — Prisons and prisoners — Power to reduce sentence being served — Nature of power — ‘Emergency management days’ — Application for review of decision not to grant emergency management days to prisoner — Whether delegate imposed a threshold level of significance of disruption or deprivation suffered in prison as pre-condition to exercise of statutory power — Whether statutory power discretionary — Whether duty to consider exercise of statutory power — Corrections Act 1986 (Vic), s 58E — Corrections Regulations 2019 (Vic)

Human rights — Prisons and prisoners — Right to liberty — Right to humane treatment when deprived of liberty — Emergency management days — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 21, 22

Prerogative writs — Mandamus — Whether duty to consider exercise of statutory power to reduce sentence — Whether legal duty capable of enforcement by way of mandamus — Corrections Act 1986 (Vic), s 58E

Negligence — Motorcycle accident — Psychiatric injury — Claim by spouse of deceased pillion passenger — Duty of care — Deceased and driver drinking before accident — Whether duty negated by voluntary assumption of risk — Impact of pre-accident conduct on secondary victim’s cause of action

Practice and procedure — Subpoena to produce documents — Objections to inspection of documents — Legal professional privilege — Litigation privilege — Expert witness — Subpoena seeking emails between expert witness and retaining solicitor — Whether privilege established — Waiver — Whether privilege waived — Evidence Act 2008 (Vic), ss 118, 119, 122

Workers compensation — Workplace injury — Serious injury application — Statutory construction — Whether judge erred in distinguishing between ‘issues in dispute between the parties’ and ‘evidentiary disputes’ — Whether request for referral of medical questions constituted an abuse of process — Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), s 274(1)(b), 274(3)

Professions — Medical practitioners — Discipline — Suspension — Immediate action — Power to take immediate action in relation to a registered health practitioner by suspending practitioner’s registration — Requirement for reasonable belief that practitioner poses a serious risk to persons because of the practitioner’s conduct, performance or health — Criminal charges against practitioner — Tribunal had regard to allegations made against practitioner and withdrawal of criminal charges without determining whether alleged conduct occurred — Whether decision-maker must form a reasonable belief that disputed events did or did not occur — Health Practitioner Regulation National Law Act 2009 (Qld) — Health Practitioner Regulation National Law (Vic) s 156(1)(a).

Administrative Law — Judicial Review — Police officer dismissed on basis of convictions — Convictions quashed on appeal — Effect of quashing conviction — Presumption that statutory consequences of conviction cease when conviction set aside — Whether presumption applicable — Chief Commissioner of Police declined to reappoint police officer — Whether Chief Commissioner erred by considering subject matter of convictions in declining to reappoint — Nature of power to reappoint — Whether right of reappointment — Victoria Police Act 2013 (Vic), ss 27, 136(3) — Victoria Police Regulations 2014 (Vic), r 5 — Interpretation of Legislation Act 1984 (Vic), s 45(1)

Constitutional law — Victoria — Non-statutory executive action — Cabinet committee — Expression of interest process by State — Request for proposal — Preferred bidder — Extended negotiations — Termination of tender — Application for judicial review — Whether justiciable — Administrative Law Act 1978 (Vic), ss 2, 8(4)

Words and phrases — ‘tribunal’