Practice and procedure — Interest — Statutory interest — Whether good cause shown to limit period of statutory interest — Delay in proceeding — Whether prescribed interest rate applies — Whether departure from prescribed interest rate justified — Whether to award commercial rate or risk-free rate — Supreme Court Act 1986 (Vic), s 60(1) — Penalty Interest Rates Act 1983 (Vic), s 2.

Planning and environment — Planning scheme — Display of temporary election signs — Display on fence or in front garden of residence — Whether permit required — Whether display of yards sign a ‘development’ or ‘use’ — Whether cl 52.05 of the Planning Scheme regulated yard signs — Whether yard signs exempt from requiring a planning permit — Planning and Environment Act 1987 (Vic), s 3 — Bayside Planning Scheme, cls 52.05, 52.05-10, 62.01, 73.02

Statutory interpretation — Planning scheme — Whether securing temporary signs to fence by cable ties a ‘development’ or ‘use’ — Meaning of ‘event’ and applicable time limit for display of signs in cl 52.05-10 — Meaning of ‘development’ or ‘use’ — Proper construction of phrase ‘putting up for display’ — Planning and Environment Act 1987 (Vic), s 3 — Interpretation of Legislation Act 1984 (Vic), s 23 — Bayside Planning Scheme, cls 52.05, 52.05-10, 62.01, 73.02

Constitutional law — Commonwealth — Implied freedom of political communication — Validity of delegated legislation — Whether Planning Scheme burdened the implied freedom of political communication — Bayside Planning Scheme, cls 52.05

Words and phrases — ‘development’ — ‘use’ — ‘promotion sign’ — ‘event’ — ‘putting up for display’

Criminal law — Animal cruelty — Sentencing — Whether Magistrate erred in making comparisons to different legislative scheme — Whether Magistrate reversed onus of proof — Prevention of Cruelty to Animals Act 1986 (Vic), ss 10, 12 — Occupational Health and Safety Act 2004 (Vic), ss 2, 4, 21 — Sentencing Act 1991 (Vic), ss 5, 6, 7

Building contracts — Domestic building contracts — Security of Payments — Adjudication determination — Mixed use development — Development for investment purposes — Whether falling within exemption for domestic building contracts — Whether contract a domestic building contract for the carrying out of domestic building work — Whether plaintiffs ‘in the business of building residences’ — Building and Construction Industry Security of Payment Act 2002 (Vic), s 7(2)(b) — Domestic Building Contracts Act 1995 (Vic), ss 5(1)(a), 5(1)(e), 6, 12

Words and phrases — ‘domestic building work’ — ‘in the business of building residences’

Insolvency — Winding up — Liquidator — Powers of liquidator — Company formerly corporate trustee — Trustee removed from office automatically on winding-up — Whether former trustee empowered to sell trust asset — Corporations Act 2001 (Cth), s 477

Trust and trustees — Bare trust — Trustee removed from office on winding-up — Powers of bare trustee — Trustee’s assignment of debt — Whether breach of trust — Whether transfer in breach of trust void and nullity — Trustee’s right of indemnity and exoneration — Whether right of indemnity assignable — Enforcement of debt owing to trust — Assignee of trustee’s right of exoneration — Whether standing to bring enforcement proceeding

Companies — Winding up — Liquidators — Control of liquidators — Court’s statutory jurisdiction to inquire into conduct of liquidators — Application by shareholder for inquiry into conduct of liquidators — Principles for whether to inquire — Whether error to adopt ‘three-stage process’ from repealed provisions — Whether error to consider public interest factors — Whether error to consider whether application primarily directed towards vindication of private rights — Corporations Act 2001 (Cth), s 536 (repealed), sch 2, cls 90-5, 90-10, 90-15, 90-20.

Costs — Application for leave to appeal costs order — Whether reviewable error in costs decision

Unincorporated associations — Political party — Governance — National executive taking over administration of state branch — National executive proposing to conduct pre-selection of candidates for federal election — Justiciability — Whether jurisdiction to hear allegations of breach of constitution of association — Whether jurisdiction arises from statutory recognition of political parties — Whether jurisdiction arises from plaintiff’s interest in property of association — Interaction of rules of branch and national constitution — Constitution (Cth), s 15 — Commonwealth Electoral Act 1918 (Cth), ss 126, 130, 286A, 296 — Constitution Act 1975 (Vic), s 27A — Electoral Act 2002 (Vic), ss 43, 44, 45, 50, 211, 212

Trusts and trustees — Property of unincorporated association held on trust — Standing of members of association to bring proceedings alleging breach of trust — Whether interference in affairs of trust

Practice and procedure — Representative order — Whether need for a common grievance — Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 18.2, 18.4

Human rights — Charter of Human Rights and Responsibilities — Privacy — Inherent dignity of human person — Prisoners — Random urine tests and strip searches — Whether proper consideration given to respondent ‘s rights — Whether arbitrary interference with privacy — Whether dignity right limited — Whether limitations to rights demonstrably justified — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 7(2), 13(a), 22(1), 38(1)

Administrative law — Judicial review — Whether strip searches authorised by regulations — Onus of proof — Corrections Regulations 2019 (Vic), reg 87(1)(d)

Accident compensation — Transport accident — Claim for compensation — Time limit for claim — Respondent’s partner died as a result of a transport accident — Respondent made claim for funeral and dependency benefits — Respondent later sought to claim impairment benefit — Commission declined to determine respondent’s degree of impairment — Whether Transport Accident Act distinguishes between claims for compensation by persons injured as a result of transport accidents, and claims by dependants of persons who die as a result of transport accidents — Whether time limit in s 68 applies separately to each category of claim — Transport Accident Act 1986 (Vic), ss 35, 46A, 47, 68

Judicial review — Mental Health Tribunal — Jurisdiction — Delegate of authorised psychiatrist making Temporary Treatment Order — Whether mandatory requirements complied with — Effect of error or non-compliance in making order — Jurisdiction of Mental Health Tribunal to make Treatment Order on own motion — Mental Health Act 2014 (Vic), ss 5, 10, 11, 45, 46, 48, 49, 50, 53, 54, 55, 153, 361

Human Rights — Charter of Human Rights and Responsibilities — Right to freedom from medical treatment — Right to liberty — Temporary Treatment Order invalidly made — Whether incompatible with human rights — Whether authorised psychiatrist a ‘public authority’ — Whether Mental Health Tribunal a ‘public authority’ — Whether Tribunal gave proper consideration to relevant human rights — Validity of limits on human rights — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 4(1), 7(2), 10(c), 21(1), 21(2), 21(3), 32, 38

Practice and procedure — Role of amicus curiae

Words and phrases — ‘public authority’ — ‘subject to’

Practice and procedure — Costs — Certification of counsel’s fees — Whether certification of counsel’s fees appropriate in application for judicial review of medical panel determination — Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 63.07(2)(c)

Contempt of court — Sentence — Contemnor subject of freezing order — Six charges of contempt of court by breach of the freezing order proven — Whether contempts contumacious or deliberate — Appropriate punishment — Whether the court had power to suspend punishment on terms, including the performance of community service — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 75.11 — Sentencing Act 1991 (Vic)

Criminal Law — Evidence — Admissibility — DNA results — Likelihood ratios — Forensic samples taken from knife found next to body of the deceased — Likelihood ratios calculated from Australian Caucasian Database and Australian Asian Database — Accused of Burmese descent — No assailants of Caucasian ethnicity — Whether to exclude Database likelihood ratio — Evidence Act 2008 (Vic), ss 55, 137

Criminal Law — Evidence — Admissibility — Relevance — Context evidence — Evidence of an altercation on day prior to the fatal incident — No evidence accused involved in previous altercation — Evidence irrelevant — Evidence of gang violence likely to provoke emotional response in jury — Probative value outweighed by danger of unfair prejudice — Evidence Act 2008 (Vic), ss 55, 137

Judgments, orders and declarations — Interest — Pre-judgment interest — Post-judgment interest — Appeal from Victorian Civil and Administrative Tribunal — Proceedings under Retail Leases Act 2003 — Order for compensation — No interest awarded by Tribunal — Tribunal order registered in Supreme Court — Entitlement to interest — Date from which interest payable — Retail Leases Act 2003 (Vic), s 91(2) — Supreme Court Act 1986 (Vic), ss 58, 60, 101

Landlord and tenant — Retail leases — Breach — Loss and damage — Interest — Power to award pre-judgment interest — Power to award post-judgment interest — Retail Leases Act 2003 (Vic), s 91(2)

Practice and procedure — Supreme Court — Enforcement of orders of Victorian Civil and Administrative Tribunal — Registration of Tribunal order in Supreme Court — Whether to amend order under slip rule — Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 121, 148(7)(b) — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 36.07

Accident compensation — Motor vehicle — Injury arising from use of motor vehicle — Applicant left unconscious in parked motor vehicle — Applicant unconscious from drug overdose — Heatstroke and consequential injuries caused by prolonged heat exposure in parked vehicle — Whether injury arose out of the ‘use’ of a motor vehicle — Whether Transport Accident Commission liable to indemnify driver of motor vehicle in respect of applicant’s claim for damages — Transport Accident Act 1986 (Vic), ss 3(1), 3(3)(a), 94(1)(a)

Words and phrases — ‘caused by or arising out of’ — ‘use of motor vehicle’

Practice and procedure — Default judgment — Application for judgment in default of appearance — Relief sought beyond the statement of claim — Whether declaratory relief should be ordered — Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 21.01, 21.03, 21.04, 59.01

Practice and procedure — Service of process — Substituted service — Order directing service by sending an email ‘with’ documents — Whether email containing link to online shared drive sufficient to effect service — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 6.10

Contract — Construction — Agreement by deed that party ‘shall expressly and irrevocably gift’ a fixed sum — Whether failure to pay sum gave rise to an actionable debt — Whether agreement was an incomplete gift — Whether damages for breach of contract awardable in absence of evidence of loss

Costs — Trustee basis — Respondent was executor of promisor’s deceased estate and succeeded at first instance — Whether award of costs on the trustee basis appropriate

Insurance — Public liability policy — Construction — Personal injury on scaffold built by insured — Insured sued for damages for personal injury — Insurer refusing indemnity — Whether insured required to take all reasonable precautions to comply with statutory requirements and safety regulations — Whether insured discharged burden of establishing that it took reasonable precautions