Building contracts — Statutory warranties — Breach by builder of warranties — Use of non-compliant cladding on exterior of building — Claim by owners against builder — Whether claim apportionable — Whether claim against builder a claim for failure to take reasonable care — Claim by owners against other parties including consultants to builder — Whether concurrent wrongdoers — Building Code of Australia, cl C1.12 — Wrongs Act 1958 (Vic), ss 24AF, 24AH, 24AI — Building Act 1993 (Vic), s 16

Negligence — Professional services — Peer professional opinion — Whether opinion unreasonable — Wrongs Act 1958 (Vic), s 59

Words and phrases — ‘bonded laminated materials’ — ‘laminate’

Criminal law — Appeal — Conviction — Sexual assault of a child under 16 years — Directions to jury — Comments by trial judge during course of directions regarding child witnesses — Whether irregularity — Jury Directions Act 2015 (Vic), s 44N(4)

Criminal law — Appeal — Conviction — Sexual assault of a child under 16 years — Decision by trial judge to permit jury access to recordings of evidence of child complainant — Whether irregularity — Whether fundamental irregularity — Whether substantial miscarriage of justice — Criminal Procedure Act 2009 (Vic), s 223

Limitation of actions — Negligence — Personal injury — Doctor and patient — Whether personal injury claim statute-barred — Point in time at which cause of action ‘discoverable’ — Whether patient had knowledge, or ought to have known, that injury was caused by ‘fault’ of doctor — Limitation of Actions Act 1958 (Vic), ss 27D, 27F

Limitation of actions — Extension of limitation period — Whether extension just and reasonable — Limitation of Actions Act 1958 (Vic), ss 27K, 27L

Appeal — Appeal from exercise of judicial discretion — Extension of limitation period — Standard of review on appeal — Whether subject to correctness standard

Words and phrases — ‘date of discoverability’ — ‘fault’

Criminal law — Evidence — Admissibility — Privilege – Evidence given, or document produced, to a Royal Commission — Use immunity — Use in subsequent proceedings — Scope of immunity — Whether evidence admissible to impugn credibility of witness — Inquiries Act 2014 (Vic), ss 33, 40

Words and phrases — ‘against the person’ — ‘other proceedings’

Local government — Rating — Valuation — Applicant occupied land as lessee under the Forests Act 1958 (Vic) or licensed to it under the Victorian Plantations Corporation Act 1993 (Vic) — Applicant liable to pay municipal rates on land based on ‘capital improved value’ of land — Whether ‘forest produce’ on land formed part of land for the purposes of assessing ‘capital improved value’ — Valuation of Land Act 1960 (Vic), s 2(1) — Forests Act 1958 (Vic), ss 4, 51, 52, 80(1), 82 — Victorian Plantations Corporation Act 1993 (Vic), ss 22, 27B

Practice and procedure — Nature of review and of appeal under ss 22 and 23 of the Valuation of Land Act 1960 (Vic) — Powers of Court on an appeal under s 23 in respect of a determination under s 21(4) — Valuation of Land Act 1960 (Vic), ss 21(3)(b) and (4), 22, 23, 24, 25(1)

Corporations — Oppression of minority shareholder — Whether oppression established — Strategy to remove minority shareholder at below market price by applying financial pressure

Corporations — Oppression of minority shareholder — Whether oppression established — Directors’ duties — Exercise of powers for improper purpose — Corporate restructure implemented to circumvent minority shareholder’s pre-emptive rights — Corporate restructure and sale of shares deliberately concealed from minority — Majority undertook sale of business and sought court approval for sale — Whether sale done to deprive minority shareholder of relief sought in oppression and derivative proceedings

Corporations — Oppression of minority shareholder — Relief — Principles governing relief — Whether trial judge erred in ordering minority buy-out majority — Whether majority buy-out more appropriate

Evidence — Admissibility — Admissions — Whether claiming confidentiality over a statement was implied admission as to truth of statement — Representation by conduct — Implied representation by silence — Evidence Act 2008 (Vic), s 81

Administrative law — Tribunals — Victorian Civil and Administrative Tribunal — Powers — Functions of Principal Registrar of Tribunal — Co-owned property dispute — Tribunal made orders for sale of co-owned property — Orders empowering Principal Registrar to appoint real estate agent or solicitor if parties could not agree — Orders empowering Principal Registrar to execute any necessary document in the sale where party refused — Whether Tribunal had power to make orders — Whether Principal Registrar permitted to exercise functions conferred by such orders — Property Law Act 1958 (Vic), ss 228, 232 — Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 32

Courts and judges — Open courts — Criminal law — Application for proceeding suppression order — Whether an alleged child victim of offence who made no complaint and would not be called as a witness at trial was a ‘complainant’ or ‘witness’ — Open Courts Act 2013 (Vic), ss 1, 3, 17, 18(1)(d), 18(1)(e)

Words and phrases — ‘complainant’ — ‘witness’

Constitutional law — Commonwealth — Judicial power — Jurisdiction — Whether Australian Broadcasting Corporation is ‘the Commonwealth, or a person ... being sued on behalf of the Commonwealth’ — Whether proceeding in Victorian Civil and Administrative Tribunal a matter within federal jurisdiction — Whether VCAT has jurisdiction — Constitution, s 75(iii)

Constitutional law — Commonwealth — Judicial power — Jurisdiction — Whether proceeding requiring determination of whether a person is the Commonwealth is a matter ‘arising under [the] Constitution, or involving its interpretation’ — Whether proceeding a matter within federal jurisdiction — Whether VCAT has jurisdiction — Constitution, s 76(i)

Practice and procedure — Victorian Civil and Administrative Tribunal — Whether VCAT has power and duty to determine own jurisdiction — Whether open and appropriate for VCAT to refer question of jurisdiction to Supreme Court — Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 96

Practice and procedure — Costs — Appeal costs — Whether referral of questions of law under s 96 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) a case stated or special case — Appeal Costs Act 1998 (Vic), s 19

Building contracts — Staged building permit — Building permit levy — Estimate of cost of building work for purpose of levy — Matters to which building surveyor may have regard — Whether building surveyor required to estimate cost of building work by reference to specified contract price only — Building Act 1993 (Vic), ss 205G, 205H(1), 205H(1A), 205HA, 205I(2)(a)(i), 205L

Words and phrases — ‘having regard to’

Courts and judges — Parens patriae or welfare jurisdiction — Child wishing to commence medical treatment for gender dysphoria — Family law — Parental consent — Only one parent available to consent, and consenting, to treatment — Whether sufficient consent — Whether court approval of treatment required — Whether declaration should be made — Family Law Act 1975 (Cth), ss 61B, 61C — Medical Treatment Planning and Decisions Act 2016 (Vic), ss 50, 55, 58

Costs — Appeal costs — Indemnity certificate — Orders of Magistrates’ Court of Victoria striking out application under Sex Offenders Registration Act 2004 (Vic) — Orders set aside and rehearing ordered — Application for indemnity certificate in respect of costs of appeal — Whether application under Sex Offenders Registration Act 2004 (Vic) a ‘civil proceeding’ — Appeal Costs Act 1998 (Vic), s 4(1) — Civil Procedure Act 2010 (Vic), s 3 — Criminal Procedure Act 2009 (Vic), s 3 — Sex Offenders Registration Act 2004 (Vic), ss 3, 6, 11

Practice and procedure — Discovery — Preliminary discovery — Requirement that there be reasonable cause to believe applicant for preliminary discovery has or may have right to obtain relief — Whether necessary for applicant to identify cause of action said to give rise to right to relief — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 32.05

Stamp duty — Transactions treated as transfer — Relevant acquisition of significant interest in landholder — Liability for duty upon acquisition of interest in landholder — Shares in landholder issued to 18 investors — No single investor acquired an interest in landholder that was of itself significant — Whether investors acquired interests via associated transactions that together amounted to significant interest — Whether landholder assessable for duty — Duties Act 2000 (Vic), ss 3(1), 77, 78

Words and phrases — ‘relevant acquisition’ — ‘associated transaction’