Real property — Co-ownership — Joint tenancy — Severance — Property purchased by husband and wife — Registered as joint tenants — Purchase price funded by loan to husband by siblings — Deed granted power of sale to husband or executor upon default under loan or death — Deed subject to right of first refusal on part of wife — Husband died — Whether objective intention of husband and wife to destroy right of survivorship — Whether joint tenancy severed by course of conduct

Trusts and trustees — Lost deed — Proof of terms of trust — Deed lost but schedule available — Lack of evidence as to various terms of missing deed — Whether sufficient proof of essential terms of trust deed — Applicable standard of proof — Whether trust failed for uncertainty — Whether resulting trust arose — Evidence Act 2008 (Vic), s 140 — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 54.02 — Trustee Act 1958 (Vic), s 63

Contract — Breach — Damages — Breach of contractual warranty — Contract for sale of business — Loss on purchase of the business — Rule in Potts v Miller — Adequacy of evidence of true value at time of purchase — Whether claim for substantial damages established

Trade practices — Australian Consumer Law — Misleading or deceptive conduct — Loss or damage — Loss on purchase of the business — Rule in Potts v Miller — Adequacy of evidence of true value at time of purchase — Whether claim for substantial damages established

Criminal law — Interlocutory appeal — Evidence — Identification — Identification from Facebook photographs — Witnesses identified the accused after conversation with another person — Whether identifications made without the persons who made them having been intentionally influenced to identify the accused — Whether probative value of evidence outweighed by risk of unfair prejudice — Evidence Act 2008 (Vic), ss 114(2), 137

Words and phrases — ‘visual identification evidence’ — ‘intentionally influenced to identify the accused’ — ‘Facebook identification’

Wills and estates — Marriage — Revocation of will by marriage — Deceased participated in religious wedding ceremony without proper notice of intention to marry — Whether marriage void — Marriage Act 1961 (Cth), ss 5(1), 23B(1)(d), 41, 42(1), 42(5A), 44, 45, 48(2)(a), 50 — Wills Act 1997 (Vic), s 13(1)

Practice and procedure — Appeal — New point not raised below — Whether exceptional circumstances existed

Words and phrases — ‘real consent’

Practice and procedure — Group proceedings — Discovery — Discovery sought of defendants’ insurance policies — Claims regarding deaths of aged care facility residents — Plaintiffs sought discovery to assess defendants’ capacity to pay any settlement or judgment obtained — Policies not relevant to fact in issue — Whether power to order discovery of documents not relevant to a fact in issue — Whether Court should order discovery — Civil Procedure Act 2010 (Vic), s 55 — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 29.08

Criminal law — Appeal — Conviction — Judge met privately with child complainant — No objections to meeting from counsel — No record of meeting — Whether substantial miscarriage of justice because of private meeting — Principle of open justice — Apprehension of partiality — Criminal Procedure Act 2009 (Vic), s 276

Criminal law — Jury — Jurors reconvened in jury room at different times prior to time for recommencement of deliberations — Some jurors left jury room unaccompanied by jurykeeper and returned prior to recommencement of deliberations — Jury asked question about whether they could read transcript and other material while in jury room prior to recommencement of deliberations — What constitutes jury ‘deliberating’ — Reading of transcript and exhibits — Guidance regarding reconvening jury — Juries Act 2000 (Vic), ss 49, 50

Companies — Deregistration — Reinstatement — Corporate trustee of self-managed superannuation fund — Company deregistered before proceeds of life insurance policy became payable to it — Proceeds of policy vested in Commonwealth — Whether to order transfer of life insurance policy proceeds to company — Whether to order transfer to nominee of binding death benefit nomination — Whether appointment of liquidator to corporate SMSF trustee would cause the company to become a ‘disqualified person’ contrary to Superannuation Industry (Supervision) Act 1993 (Cth) — Alternatives to liquidation — Corporations Act 2001 (Cth), ss 601(AD)(1A), 601AH(1), 601AH(2) and 601AH(3) — Superannuation Industry (Supervision) Act 1993 (Cth), ss 120, 126J and 126K

Family law — Whether proceeds of life insurance policy a ‘splittable payment’ — Whether proceeds of life insurance policy constitute a ‘superannuation interest’ — Family Law Act 1975 (Cth), ss 90XA, 90XB, 90XD, 90XE, 90XS and 90XT

Words and phrases — ‘superannuation interest’ — ‘disqualified person’ — ‘splittable payment’

Planning and environment — Environment protection — Statutory offence — Environmental hazard — Whether substance with a flammable characteristic must be ‘dangerously flammable’ to be an environmental hazard — Environment Protection Act 1970 (Vic), ss 4, 27A, 59E

Criminal law — Environment protection — Offences — Accessorial liability for contravention by corporation — Deeming provision — Whether prosecution required to specify act or omission of the company to establish liability of director — Environment Protection Act 1970 (Vic), ss 1A, 41, 62C, 66B

Words and phrases — ‘environmental hazard’ — ‘flammable’

Conflict of laws — Forum non conveniens — Negligence — Aeroplane crash in Sweden — Claim in Victoria by relatives of deceased passengers — Aeroplane and safety manual produced by defendants in Victoria — Whether Victorian law lex causae — Whether Victoria clearly inappropriate forum for trial — Whether procedural matters made proceeding in Victoria oppressive

Criminal law — Appeal — Conviction — Statutory murder — Unintentional killing of a co-offender — Accused fatally shot accomplice during attempted armed robbery — Whether co-offender complicit in act of violence — Whether accused liable for statutory murder in circumstances where deceased was an accomplice or co-offender in relevant act of violence in the course or furtherance of a crime — Whether accomplice was ‘another person’ — Crimes Act 1958 (Vic), ss 3A, 323, 324

Criminal procedure — Prosecutor’s duty to call relevant witness — Whether prosecutor required to call witness who may give evidence of exculpatory conversation with accused

Criminal law — Reserved question of law — Meaning of ‘question of law’ — Distinction between appeal on question of law and reserved questions of law — Whether reserved questions limited to ‘pure’ questions of law — Whether Court permitted to make findings of fact or review correctness of decision at first instance in answering question — Criminal Procedure Act 2009 (Vic), s 302

Words and phrases — ‘question of law’

Criminal law — Offence — Whether continuing offence — Failure to pay long service leave entitlements on due date — Penalty for each day during which offence continues — Amended charges particularised as continuing offences — Whether offence is a continuing offence — Long Service Leave Act 2018 (Vic), s 9(2) — Sentencing Act 1991 (Vic), ss 109, 111, 112

Employer and employee — Long service leave — Offence of failure to pay entitlements on due date — Penalty for each day during which offence continues — Whether continuing offence — Long Service Leave Act 2018 (Vic), s 9(2) — Sentencing Act 1991 (Vic), ss 109, 111, 112

Statutory interpretation — Offence — Whether continuing offence — Amendment and re-enactment of legislation — Whether presumption of earlier meaning applies — Location and effect of penalty provisions — Long Service Leave Act 2018 (Vic), s 9(2) — Sentencing Act 1991 (Vic), s 111

Words and phrases — ‘continuing offence’

Australian Consumer Law — Misleading or deceptive conduct — Misrepresentations — Loss and damage — Causation — Share sale agreement — Claim against sellers — Whether apportionment of damage for contributory negligence available — Statutory basis for claim — Whether claim brought under the Australian Consumer Law as applied by federal law or by state law — Australian Consumer Law and Fair Trading Act 2012 (Vic) — Competition and Consumer Act 2010 (Cth), ss 131A, 137B

Negligence — Negligent misstatement — Loss and damage — Causation — Contributory negligence — Share sale — Misrepresentations by seller regarding net profit of business — Whether failure to conduct due diligence or obtain advice caused buyers’ loss and damage

Practice and procedure — Pleadings — Negligent misstatement — Contributory negligence — Whether claim for contributory negligence raised on pleadings

Human rights — Charter of Human Rights and Responsibilities — Privacy — Rights of child — DNA sample given by minor following charge for criminal offences — Plaintiff 16 years of age when sample given — Plaintiff convicted of relevant offences — Order made by Children’s Court permitting retention of DNA sample following plaintiff’s conviction — Whether Children’s Court failed to have regard to mandatory relevant considerations in making retention order — Whether retention order legally unreasonable — Whether Children’s Court failed to give proper consideration to, and act compatibly with, plaintiff’s right to privacy and right to such protection as was in his best interests — Crimes Act 1958 (Vic), ss 464SC, 464ZFB — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 4(1)(j), 13(a), 17(2), 32(1), 38(1), 38(2)

Human rights — Courts and judges — Children’s Court — Public authority — Children’s Court making order for preservation of DNA following conviction — Whether Charter of Human Rights and Responsibilities applied to Court when making order — Charter of Human Rights and Responsibilities Act 2006 (Vic), s 4(1)(j)

Tort — Statutory interpretation — Claim by father for nervous shock arising from alleged sexual assault of child — Whether claim within meaning of claim ‘founded on or arising from child abuse’ — Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic), ss 1, 3, 4, 7, 8

Practice and procedure — Jurisdiction — Transfer of proceedings — Group proceeding — Group costs order made — Claim brought under Commonwealth law — Factors relevant to discretion to transfer — Whether existence of group costs order relevant to discretion — Whether consequences for costs order if proceedings transferred relevant to discretion — Whether ability to fund proceeding a matter to be taken into account — Viability of group costs order upon transfer — Whether group costs order would remain in force and be enforceable upon transfer — Corporations Act 2001 (Cth), ss 1337H(2), 1337N, 1337P(2) — Judiciary Act 1903 (Cth), s 79 — Supreme Court Act 1986 (Vic), s 33ZDA(1)

Words and phrases — ‘jurisdiction’

Testator’s family maintenance — Eligibility — Whether former stepchild of testator eligible to bring claim — Whether real as opposed to fanciful prospect that plaintiff might succeed in establishing eligibility to bring proceeding — Administration and Probate Act 1958 (Vic), ss 3, 90(g) — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 17

Words and phrases — ‘parent’ — ‘day to day care and control’

Criminal law — Appeal — Family violence — Contravening family violence intervention order — Fault element of charge — Whether proof of specific intent to torment, intimidate, harass or offend required — Emotional or psychological abuse — Statutory interpretation — Whether construction absurd or irrational or unjust — Exercise of residual discretion — Requirement of explanation of interim order — Family Violence Prevention Act 2008 (Vic), ss 5, 7, 123(2), 123A

Damages — Tort — Personal injury — Matters to be considered in reduction of damages for personal injury — Commonwealth social security pensions and benefits — Disability support pension and Commonwealth Newstart allowance — Statutory preclusion period for adjustment of pension payments and benefits when lump sum compensation received — Whether pension and benefit payments received outside preclusion period to be taken into account in assessment of common law damages — Social Security Act 1991 (Cth), ss 17, 23, 1160, 1169, 1170, 1178, 1179

Criminal law — Appeal — Conviction — Conduct outraging public decency — Whether offence known to common law of Victoria — Whether offence confined to indecent exposure and similar conduct — Applicant publicly filmed and commented on dead or dying road accident victims — Whether applicant’s conduct constituted offence — Australian Courts Act 1828 (Imp), s 24

Practice and procedure — Subpoena — Production of documents to Prothonotary — Objection to production by non-party addressee — Subpoena sought production of credentials for access to cloud-based accounting records — Request for generation of material from cloud-based accounting records — Whether subpoena sought production of ‘documents’ — Whether subpoena sought ‘production’ of documents as opposed to creation of documents — Whether oppressive to seek documents recording or evidencing matter — Interpretation of Legislation Act 1984 (Vic), s 38 — Supreme Court (General Civil Procedure) Rules 2015 (Vic), ord 42A

Words and phrases — ‘documents’

Companies — Charges — Security interest — Personal securities — Moneys paid into Court as security for costs under consent order — Liquidation of party liable for costs — Whether amount paid under consent order a ‘security interest’ — Whether security interest ‘provided for by a transaction’ — Whether security interest ‘created or provided for by operation of the general law’ — Personal Property Securities Act 2009 (Cth), ss 8(1), 12(1), 267

Police — Firearms regulation — Family violence — Application to be declared not to be a ‘prohibited person’ — Applicant subject to a final apprehended domestic violence order — Whether good reason for applicant to have access to firearms — Whether real risk of danger to life of protected person if application granted — Whether application to be granted subject to conditions — Firearms Act 1996 (Vic), ss 3(1), 47(1), 189 — Crimes (Domestic and Personal Violence) Act 2007 (NSW)

Practice and procedure — Open justice — Suppression orders — Child charged with murder — Extensive media coverage of offending — Legislative prohibition of publication of information likely to lead to identification of a child involved in proceedings in or arising from the Children’s Court — Application by guardian for declaratory relief and suppression order — Suppression order sought in relation to proceedings in both Children’s Court and Supreme Court — Interaction of legislative schemes — Children, Youth and Families Act 2005 (Vic), s 534 — Open Courts Act 2013 (Vic), ss 8(1A), 8(2), 8(3), 13, 17, 18(1)(c)

Criminal law — Jury — Impact of evidence on jurors — Support for jurors — Graphic or confronting evidence at trial — Informal indication from juror seeking psychological support — Whether counselling or other psychological support could be offered to jurors during trial — Juries Act 2000 (Vic), s 78