Unincorporated associations — Political party — Governance — National executive taking over administration of state branch — National executive proposing to conduct pre-selection for 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 — Commonwealth Electoral Act 1918 (Cth), ss 166, 169B

Administration and probate — Will — Remote execution procedure — Testator made will with witnesses attending remotely via audio-visual link — Requirements for satisfying remote execution procedure — Whether witnesses clearly saw testator’s signature being made — Whether testator clearly saw witnesses’ signatures being made — Wills Act 1997 (Vic), ss 3(1), 8A, 8D, 9

Criminal law — Appeal — Conviction — Second or subsequent appeal — Murder — Deceased forced out of a window during a fight — Co-accused acquitted by jury — Out of court statement by co-accused not admissible at trial — Legislative change after trial made co-accused’s out of court statement admissible — Whether evidence fresh — Whether evidence compelling — Criminal Procedure Act 1958 (Vic), ss 318, 326A, 326B, 326C, 326D, 326E — Evidence Act 2008 (Vic), s 83(2)

Contract — Joint venture — Unit trust — Payments by joint venturer unit holders to trustee — Characterisation — Whether payments made as loans or capital

Trusts and trustees — Application by liquidator for directions — Concurrent inter partes preliminary question — Insolvency Practice Schedule (Corporations) (sch 2 of the Corporations Act 2001 (Cth)), s 90-15 — Trustee Act 1958 (Vic), s 63

Practice and procedure — Judgments and orders — Final orders made — Proceeding dismissed — Stay of one order granted — Reservation of liberty to apply — Plaintiff sought leave to amend originating motion under liberty to apply — Whether court had power to grant leave — Whether Court functus officio — Civil Procedure Act 2010 (Vic), s 47 — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 36.01

Sale of land — Deposit — Release — Whether special condition for release void — Sale of Land Act 1962 (Vic), ss 27(3), 27(6)

Criminal law — Appeal — Sentence — Second application — First application for leave to appeal against sentence refused by Court of Appeal — Application for extension of time to file second application for leave to appeal against sentence — Whether Court of Appeal has power to entertain further application for leave to appeal against sentence — Criminal Procedure Act 2009 (Vic), ss 3(1), 278, 279, 280, 281, 315

Companies — Winding up — Just and equitable ground — Oppression — Deadlock — Two companies and a unit trust established to conduct a property investment and development business — Breakdown of trust and confidence — Intractable deadlock preventing companies from operating effectively — Whether conduct oppressive — Whether winding up on just and equitable ground justified — Whether ‘some other remedy’ available — Concurrent action by lender associated with plaintiff to recover debts owed by companies — Whether winding up application brought as an abuse of process — Whether plaintiff had unclean hands — Corporations Act 2001 (Cth), ss 232, 233(1)(h), 461(1)(f), 461(1)(k), 467(4)

Companies — Winding up — Trustee — One company in which oppression occurred was trustee of unit trust — Power to order winding up of trust — Whether orders should be made for appointment of receiver and manager of assets of unit trust — Corporations Act 2001 (Cth), ss 53, 232, 233(1)(h), 461(1)(f), 461(1)(k), 467(4)

Conflict of laws — Jurisdiction — Personal jurisdiction — Subject matter jurisdiction — Claim of breach of foreign statute — Whether Victorian Supreme Court may make declaration and grant remedies in respect of alleged breach of foreign law

Conflict of laws — Foreign law — Proof — Whether parties may agree content of foreign law

Words and phrases — ‘jurisdiction’

Bankruptcy and insolvency — Bankruptcy — Discharge — Judgment debt — Judgment on claim for involvement in misleading and deceptive conduct — Reasons for judgment contained findings as to conduct of debtor — Whether judgment debt a ‘debt incurred by means of fraud’ — Bankruptcy Act 1966 (Cth), s 153(2)(b)

Contract — Terms — Inferred and implied — Loan — Advance to corporate trustee by unitholder for the purchase of investment property — Property only asset of trust — No express term for repayment — When loan repayable

Bankruptcy and insolvency — Claim for further provision from deceased estate — Plaintiff declared bankrupt — Whether proceeding stayed automatically — Whether plaintiff’s claim a cause of action in respect of ‘any personal injury or wrong’ — Whether trustee elected to discontinue proceeding — Whether plaintiff entitled to continue proceeding upon discharge — Administration and Probate Act 1958 (Vic), pt IV — Bankruptcy Act 1966 (Cth), ss 60(2), 60(3), 60(4)

Administration and probate — Claim for further provision from deceased estate — Plaintiff declared bankrupt — Whether proceeding stayed automatically — Administration and Probate Act 1958 (Vic), pt IV — Bankruptcy Act 1966 (Cth), ss 60(2), 60(3), 60(4)

Accident compensation — Truck driver sustained injury after alighting from truck — Intention to inspect drop off point for delivery — Truck stationary — Whether incident a transport accident — Whether injury ‘directly caused by’ the driving of a motor vehicle — Transport Accident Act 1986 (Vic), s 3

Words and phrases — ‘transport accident’ — ‘directly caused by’

Constitutional law — Commonwealth — Implied freedom of political communication — Directions given by State officials under the Public Health and Wellbeing Act 2008 (Vic) to address a serious risk to public health arising from COVID-19 pandemic — Directions restricting movement of people and public gatherings — Whether directions infringed implied freedom of political communication — Whether plaintiff had standing to seek relief — Whether constitutional test to be applied at the level of the authorizing statute or of directions made under it — Whether relevant statutory provisions infringed the implied freedom of political communication — Whether utility in granting relief — Public Health and Wellbeing Act 2008 (Vic), ss 200(1)(b) and (d)

Building contracts — Domestic building contract — Variation to contract — Extension of time for completion — Statutory notice provisions for variation not complied with — Whether cost of variation recoverable — Satisfaction of Victorian Civil and Administrative Tribunal — Whether ‘significant or exceptional hardship’ included consequences of builder’s inability to recover money — Whether contract ‘varied in accordance with’ section — Adjustment of completion date — Failure to satisfy contractual extension provisions — Whether contractual notice a prerequisite for Tribunal’s power to extend contract — Domestic Building Contracts Act 1995 (Vic), ss 37, 38(6)(b), 39(c)

Word and phrases — ‘significant or exceptional hardship’ — ‘in accordance with’

Wills and estates — Marriage — Revocation of will by marriage — Where deceased participated in religious wedding ceremony without proper notice of intention to marry — Whether religious wedding ceremony sufficient to revoke earlier will — Whether marriage void due to absence of real consent — Marriage Act 1961 (Cth), ss 23B, 41, 42, 45, 48 — Wills Act 1997 (Vic), s 13(1)

Contract — Guarantee — Joint venture agreement between corporations — Agreement containing director’s guarantee — Execution of agreement only by company by director on behalf of company — Whether intention to be bound — Whether director personally liable under guarantee

Guarantee — Agreement containing guarantee — Execution — Agreement signed by director on behalf of company — No separate execution by guarantor — Whether agreement ‘signed by the party to be charged’ — Instruments Act 1958 (Vic), s 126

Contempt of court — Civil contempt — Purging of contempt — Subpoenaed documents — Use of documents for unrelated disciplinary proceedings — Breach of implied undertaking of confidentiality attaching to documents produced under compulsion — Whether breach conscious — Standard of knowledge necessary to establish contempt — Application to discharge contempt

Companies — Winding up in insolvency — Proof of debt — Admission or rejection — Liquidator declined to adjudicate on creditor’s proof of debt due to lack of funds — Creditor applied to Court for decision — Whether claims admitted to proof in the winding up — Whether claim for untaxed bill of costs provable — Corporations Act 2001 (Cth), ss 553(1), 533(1A) — Corporations Regulations 2001 (Cth), reg 5.6.53

Property — Mortgage — Default — Mortgagee’s action for recovery of possession — Mortgagor deceased but no representation of estate — Form of judgment — Administration and Probate Act 1958 (Vic), ss 29, 40(1)

Practice and procedure — Judgment for possession of property following default — Form of judgment in absence of personal representative of mortgagor — Administration and Probate Act 1958 (Vic), ss 29, 40(1) — Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 9.08(1), 16.03(1)(a)

Criminal law — Evidence — Admissibility — Terms of compromise — Admissions contained in settlement deed prepared in connection with unrelated civil proceedings — Tender of deed at criminal trial — Whether settlement deed wrongly admitted — ‘Without prejudice’ privilege — Scope of s 131 Evidence Act 2008 (Vic) — Whether s 131 extends common law ‘without prejudice’ privilege to cover finalised settlement agreements — Evidence Act 2008 (Vic), s 131

Evidence — Privilege — Settlement negotiations — Whether Evidence Act extends common law ‘without prejudice’ privilege to cover finalised settlement agreements — Evidence Act 2008 (Vic), s 131