Australian consumer law — Misleading or deceptive conduct — Contract — Purchased business engaged in previously undisclosed, dishonest practices bearing on true value — Contractual representations — Sale documents disclaimed liability for representations made — No representation clause — No reliance clause — Contract excluding or releasing future liability — Whether disclaimers defeated claim of misleading or deceptive conduct — Whether disclaimers defeated claim in tort for deceit — Australian Consumer Law, s 18

Australian consumer law — Misleading or deceptive conduct — Loss or damage — Measure of damages in ‘no transaction case’ — Whether Potts v Miller approach appropriate — Exclusion of proportionate liability for fraud — Australian Consumer Law, s 236

Planning and environment — Protection of environment — Injunctions — Timber harvesting regulation — Injunctions and declarations in respect of alleged breaches of regulatory scheme — Relief granted different to pleaded case — Whether denial of procedural fairness in connection with relief — Whether necessary equity to attract injunctive relief — Whether relief premised on misconstruction of provisions — Sustainable Forests (Timber) Act 2004 (Vic), s 45 — Code of Practice for Timber Production 2014 (Vic), ss 2.2.2.2, 2.2.2.4

Planning and environment — Protection of environment — Precautionary principle — Timber harvesting regulation — Scope of Code of Practice — Scope of precautionary principle — Sustainable Forests (Timber) Act 2004 (Vic), s 45 — Code of Practice for Timber Production 2014 (Vic), ss 2.2.2.2, 2.2.2.4

Words and phrases — ‘precautionary principle’

Companies — Share capital — Preference shares — Redeemable preference shares — Right of holder to put shares to purchaser — Agreement requiring shareholder of purchaser to subscribe for capital in purchaser to fund redemption of shares — Shares not redeemed — Whether liability to redeem at option of shareholder constituted preference as against ordinary shares — Corporations Act 2001 (Cth), s 254A(3)

Contract — Construction — Agreement to raise capital to fund redemption of redeemable preference shares — Liability of shareholder of principal to perform obligation if principal defaulted — Whether shareholder required to undertake capital raising before principal liable under agreement — Whether shareholder undertook capital raising — Whether insolvency event occurred

Contract — Construction — Agreement to raise capital to fund redemption of redeemable preference shares — Liability of party to perform obligation if principal defaults agreement — Nature of agreement — Whether guarantee — Whether principle of strictissimi juris applied — Whether conditions precedent to agreement enlivened

Administrative law — Judicial review — Jurisdiction — Building contract — Payment claim — Adjudication determination — Whether question of services provided under contract a jurisdictional fact — Response to payment claim without substantive reason for withholding payment — Whether response constituted a payment schedule — Whether notice of intention to apply for adjudication given — Whether requirement that notice advise of rights — Building and Construction Industry Security of Payment Act 2002 (Vic), ss 14, 15, 18

Defamation — Jury trial — Function of jury — Meaning of imputation — Alleged defamatory matter presented at press conference — Whether appropriate to split trial

Criminal law — Post-sentence orders — Terrorism offences — Application for extended supervision order — Whether unacceptable risk of offender committing terrorism offences — Whether conditions of extended supervision order reasonably necessary, appropriate and adapted — Requirement that application for post-sentence order include exculpatory material in possession of applicant — Failure to disclose exculpatory material — Criminal Code Act 1995 (Cth), div 105A

Companies — Winding up in insolvency — Six-month period for determination of application — Period expired after hearing, before application determined — Court retrospectively extended period under slip rule before making winding up order — Whether error in finding that Court had jurisdiction to make extension order under slip rule — Whether Court erred in exercise of discretion to apply slip rule — Corporations Act 2001 (Cth), s 459R — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 36.07

Landlord and tenant — Retail premises lease — Damaged premises — Landlord’s liability for repairs — Claim by tenant for abatement of rent — Provision in lease denying right of set-off against obligation to pay rent — Landlord’s right of forfeiture for non-payment of rent — Notice of default — Requirement that notice specify breach relied upon — Whether notice needed to take into account rental abatement when specifying rent owing — Whether landlord entitled to forfeiture — Whether landlord’s liability for repairs and tenant’s obligation to pay rent concurrent — Property Law Act 1958 (Vic), s 146 — Retail Leases Act 2003 (Vic), ss 52, 57(1)

Criminal law — Interlocutory appeal — Possession of precursor chemicals — Whether ‘without lawful excuse’ an element of offence — Whether burden of proof of lawful excuse on the accused — Drugs, Poisons and Controlled Substances Act 1981 (Vic), ss 71D, 104

Words and phrases — ‘without lawful excuse’

Practice and procedure — Appeal — Competence — Applicant sought to have factual findings contained in trial judge’s reasons for making non-party costs orders set aside — Whether appeal incompetent — Whether findings of fact an appealable ‘determination’ — Whether common law right of appeal — Supreme Court Act 1986 (Vic), s 17(2)

Words and phrases — ‘appeal’ — ‘determination’ — ‘matter’

Real property — Warrant of seizure and sale — Warrant of seizure and sale issued in favour of judgment creditor of mortgagor — Service of warrant on Registrar of Titles — Application by registered mortgagee in possession to remove warrant — Application to prevent re-notification of warrant during mortgagee sale process — Mortgagor’s equity in land valueless — Impact of maintenance and execution of warrant on mortgagees, creditors and other parties — Whether maintenance and execution of warrant futile — Whether maintenance of warrant would work injustice

Courts and judges — Jurisdiction — Power to order Registrar of Titles to remove recordings of warrant — Source of power — Whether part of inherent jurisdiction to prevent abuse of process

Wills and codicils — Construction — Contingent gifts to beneficiaries in father’s will transferred to family trust — Gifts to beneficiaries in mother’s will transferred to family trust — Gifts in mother’s will made pursuant to ‘Islamic law of distribution as outlined in the Quran in compliance with Sunni tradition’ — Whether transfers in accordance with wills — Meaning of ‘Islamic law of distribution in Sunni tradition’

Trust and trustees — Breach of trust — Discretionary trust — Assets of deceased estates transferred to family trust contrary to terms of testators’ wills — Whether transfers beyond power — Whether transfers void

Administration and probate — Appointment of independent administrator and trustee — Indemnity for future services — Whether remuneration of independent administrator should be borne by former trustee’s share of the estates — Whether such order just and appropriate

Criminal law — Evidence — Admissions by accused — Caution — Investigating official — Applications to exclude admissions made to doctor, child protection worker and covert operative — Whether accused knew or reasonably believed that the doctor was ‘capable of influencing the decision of whether a prosecution should be brought’ — Whether child protection worker an ‘investigating official’ — Whether covert operative exceeded authorisation and was not acting ‘under the orders of a superior’ — Evidence Act 2008 (Vic), ss 85, 90, 137, 138

Words and phrases — ‘investigating official’

Damages — Tort — Pain and suffering damages and economic loss — Exemplary damages — Whether verdict of the jury manifestly excessive or not open on the evidence most favourable to the plaintiff — Whether evidence of previous complaint or initial failure to admit abuse justified award of exemplary damages — Whether initial pleadings were improper or unjustifiable