Judicial review — Jurisdictional error — Final family violence intervention order — Order for fixed period — No application for extension of order — Extant variation application made before expiry — Interim variation order until further order — Whether jurisdiction to extend and vary final order after expiry — Whether variation application implicitly extended final intervention order — Family Violence Protection Act 2008 (Vic), ss 1, 2, 4, 11, 60, 99, 100, 101, 106, 107

Criminal law — Appeal — Conviction — Whether jury verdict unreasonable — Child homicide by unlawful and dangerous act or criminal negligence — ‘Shaken Baby Syndrome’ / ‘abusive head trauma’ — Applicant alleged to have shaken infant and caused death — Whether open to jury reasonably to exclude alternative hypotheses consistent with innocence

Criminal law — Appeal — Conviction — Application to adduce evidence not presented at trial — Whether evidence new or fresh — Whether substantial miscarriage of justice — Criminal Procedure Act 2009 (Vic), s 276

Criminal law — Evidence — Admissibility — Opinion evidence of ‘triad’ of clinical features used to diagnose abusive head trauma — Whether probative value of evidence outweighed by danger of unfair prejudice — Evidence Act 2008 (Vic), s 137

Criminal law — Evidence — Expert witness — Slides from presentations given by expert — Whether obligation to disclose slides to defence — Whether slides showed expert gave misleading evidence or was not impartial — Whether substantial miscarriage of justice

Words and phrases — ‘abusive head trauma’ — ‘inflicted head trauma’ — ‘Shaken Baby Syndrome’ — ‘triad’

Workers compensation — Common law damages — Commencement of proceedings — Consent to commencement out of time — Whether application by plaintiff triggered by commencement of the proceedings or by making application for consent — Whether application ought to have been considered under s 337(2)(a) or s 337(2)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) — Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), ss 333, 337

Criminal law — Appeal — Sentence — Calculation of pre-sentence detention — Whether declaration of pre-sentence detention can be made where period on remand not referable to charges before the Court — Entitlement to deduction following successful appeal — Sentencing Act 1991 (Vic), s 18

Criminal law — Appeal — Sentence — Totality — Procedural fairness — Sentencing — Defence counsel and applicant not present during portion of sentencing hearing — Judge did not provide defence counsel with an opportunity to be heard

Negligence — Duty of care — Breach — Psychiatric injury in the workplace — Secondary school teacher — Alleged unreasonable and excessive workloads — Determination as to when psychiatric injury was reasonably foreseeable — Whether respondent breached duty of care by failing to take reasonable steps to avoid the risk of psychiatric injury

Practice and procedure — Discovery — Production of discovered documents — Legal professional privilege — Litigation privilege — Claiming privilege — Evidence to support claim for privilege — Reliance on privilege claims made in overseas proceeding — Whether overseas claim sufficient — Whether to allow further evidence in support of claim — Evidence Act 2008 (Vic), ss 118, 119

Practice and procedure — Discovery — Production of discovered documents — Legal professional privilege — Advice privilege — Emails between non-lawyers copied to lawyers — Circumstances in which advice privilege attracted — ‘Receiving’ legal advice — ‘Passing on’ legal advice — Documents showing editing by lawyer — Calendar invitations — Attachments to privileged emails — Documents which disclose the existence of legal advice — Requests for legal advice which do not disclose the substance of the advice — Whether necessary expressly to state ‘dominant purpose’ in claiming privilege — Adducing evidence of ‘dominant purpose’ — Evidence Act 2008 (Vic), ss 118, 119

Companies — Winding up — Creditor-defeating disposition (phoenixing) — Sale of business and property immediately prior to company being placed into voluntary winding up — Whether voidable transaction — Whether plaintiff required to prove actual monetary value of property transferred for purpose of satisfying statutory test — Corporations Act 2001 (Cth), ss 588FB, 588FDA, 588FDB and 588FE

Companies — Winding up — Creditor-defeating disposition (phoenixing) — Orders — Corporations Act 2001 (Cth), ss 588FDB and 588FE(6B), 588FF(1)

Banking and finance — Loan agreements — Consumer credit — Application of consumer credit protection legislation to certain loan agreements — Natural person borrowers — Where borrowers ‘on-lent’ to company undertaking residential development — Whether loan agreement constituted credit provided to ‘purchase, renovate or improve residential property for investment purposes’ within the meaning of the National Credit Code — Whether loan agreement consequently a ‘credit contract’ within the meaning of the Consumer Credit (Victoria) Act 1995 (Vic) and unenforceable — National Consumer Credit Protection Act 2009 (Cth), sch 1 — National Credit Code, s 5(1)(b)(ii) — Consumer Credit (Victoria) Act 1995 (Vic), ss 39, 40

Mortgage — Tender to discharge indebtedness — Whether sufficient funds available to discharge mortgage

Taxation — State taxes — Duty on transfer of dutiable property — Estate or interest in land — Appeal from determinations of Commissioner of State Revenue — Whether taxpayers entitled to discovery and particulars — Whether taxpayers entitled to impugn Commissioner’s state of mind at time of making assessments — Taxation Administration Act 1997 (Vic), pt 10 — Duties Act 2000 (Vic), ss 20, 22

Administrative law — Judicial review — Appeal from determinations of Commissioner of State Revenue — State of mind of decision-maker — Provision of reasons for decision — Whether taxpayers entitled to discovery and particulars — Whether taxpayers entitled to impugn Commissioner’s state of mind at time of making assessments

Equity — Fraud — Tracing — Purchase of real property by fraudster for volunteer — Resulting or constructive trust — Indefeasibility of title — Exceptions — Land Title Act 1994 (Qld), s 184

Property — Indefeasibility of title — Exceptions — Land Title Act 1994 (Qld), s 184

Restitution — Money had and received — Defences — Change of position — Bankruptcy Act 1966 (Cth), ss 58, 116(2)

Companies — Liquidation — Group of companies — Pooling order — Whether just and equitable that pooling order be made — Whether pooling order would materially disadvantage any unsecured creditor — Corporations Act 2001 (Cth), ss 579E, 579G, 579Q, sch 2 (Insolvency Practice Schedule), ss 65-5, 65-10, 65-15, 65-25, 65-45, 70-5, 70-6, 90-15

Companies — Directors — Disqualification — Automatic disqualification on conviction of offence that involved dishonesty — Offences involving domestic violence — Whether director convicted of offences that involved dishonesty — Whether dishonesty must be element of offence, inherent to offence or present in surrounding circumstances — Corporations Act 2001 (Cth), s 206B

Criminal law — Appeal — Sentence — Intentionally causing serious injury — Respondent and victim friends — Whether aggravating feature of violence in intimate relationship extends to close friendship

Planning and environment — Climate change and emissions reduction — Energy efficiency certificates — Energy retailers’ obligation to surrender certificates — Energy efficiency shortfall penalty — Declarations of contravention — Enforcement of civil monetary penalty — Victorian Energy Efficiency Target Act 2007 (Vic)