Costs — Taxation — Foreign lawyers retained by party and non-party in respect of defamation proceeding in Victoria — Local lawyers retained as solicitors on record — Foreign lawyers’ fees claimed as disbursement in local lawyers’ bill of costs — Whether disbursement recoverable on taxation — Whether party personally liable for foreign lawyer fees — Whether foreign lawyer fees precluded from recovery by principle of indemnity — Whether non-party the ‘real party’ in proceeding

Legal practitioners — Regulation — Scope and form of practice — Provision of legal services by foreign law firm — Whether foreign law firm provided services as principal or as agent of local lawyers — Whether provision of services involved practising foreign law — Whether provision of ‘legal services’ — Whether provision ‘in Australia’ — Legal Profession Uniform Law Application Act 2014 (Vic), sch 1 ss 6, 10, 69

Criminal law — Appeal — Sentence — Federal offence of causing a person to enter into a forced marriage — Formulation of sentence — Assessment of moral culpability — Whether consideration of customary law or cultural practice of accused precluded by statute — Crimes Act 1914 (Cth), ss 16A(1), (2A) — Criminal Code (Cth), s 270.7B(1)

Criminal law — Appeal — Sentence — Federal offence of causing a person to enter into a forced marriage — Death of daughter of accused following commission of offence — Whether mitigatory effect on sentence — Imposition of immediate term of imprisonment — Whether sentence manifestly excessive

Words and phrases — ‘criminal behaviour’

Criminal law — Practice and procedure — Juries — Separation oath — Timing — Oath administered to jury at commencement of trial — Oath not administered proximate to jury’s separation during deliberation — Whether failure to do so a fundamental irregularity — Juries Act 2000 (Vic), s 50, sch 5

Negligence — Transport accident — Whether motor vehicle an ‘unidentified vehicle’ — Requirement to make reasonable inquiries — Nature and extent of necessary enquiries — Requirement to give notice — Material prejudice — Transport Accident Act 1986 (Vic), s 96

Criminal law — Restricted evidence — Access — Whether Court empowered to appoint amicus curiae to assist it in determining whether restricted evidence should be released to accused — Whether Court should appoint amicus curiae — Whether amici should have access to restricted evidence — Constitution Act 1975 (Vic), s 85 — Major Crime (Investigative Powers) Act 2004 (Vic), s 43A

Practice and procedure — Amicus curiae — Jurisdiction to appoint — Whether amicus curiae should have access to restricted evidence provided to Court — Major Crime (Investigative Powers) Act 2004 (Vic), s 43A

Landlord and tenant — Retail premises lease — Forfeiture for non-payment of rent — Relief against forfeiture — Equitable jurisdiction of the Tribunal — Discretion of VCAT to extend time for compliance with prior self-executing order — Whether Tribunal functus officio — Retail Leases Act 2003 (Vic), s 89 — Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 98(3), 119, 126, 130, 131

Administrative law — Victorian Civil and Administrative Tribunal — Original jurisidiction — General procedure — Self-executing orders — Extension of time for compliance with prior order — Whether Tribunal functus officio — Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 98(3), 119, 126(2)(a), 130, 131

Criminal law — Appeal — Conviction — Prosecution opening — Evidence — Failure of complainants to give evidence according with prosecution opening — Trial judge declined to take discrepancy into account — Whether substantial miscarriage of justice

Criminal law — Judicial review — Sexual offending — Order made for sex offender registration for fixed duration — Whether trial judge erred in fixing duration — Sex Offenders Registration Act 2004 (Vic), ss 11, 34

Evidence — Criminal law — Witness credibility — Failure of witness to give evidence in accordance with prosecutorial opening — Whether absence of evidence a matter to be taken into account in assessment of witness’ credibility and reliability — Evidence Act 2008 (Vic), ss 101A, 102, 103

Prisons and prisoners — Right to be in open air — Whether access to particular yards gave prisoner time ‘in the open air’ — United Nations Standard Minimum Rules for the Treatment of Prisoners, r 23(1) — Corrections Act 1986 (Vic), s 47(1)(a)

Human rights — Right to privacy — Right to humane treatment when deprived of liberty — Prisoner not permitted to dress in private immediately after strip searches — Whether non-compliance with regulatory requirements for strip searching amounted to unlawful interference with prisoner’s human rights — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 13(a), 22(1), 38(1) — Corrections Regulations 2019 (Vic), r 86(2)(e)

Practice and procedure — Application to re-open case during closing submissions — Plaintiff sought relief in relation to onerous conditions of detention — Evidence of potential relevance to plaintiff’s behaviour in prison emerged after evidentiary case closed — Whether to grant defendants leave to re-open case — Whether feasible to determine some issues in a separate judgment

Torts — Negligence — Duty of care — Existence — Novel duty — Salient features — Particular property identified as gift for beneficiary under will — Sale of property before testator’s death — Whether attorney acting for testator owed duty of care to beneficiary under will — Content of common law duty of attorney when making decisions on behalf of incapacitated donor — Conflicting or incompatible duties — Inconsistency with relevant legislation — Wills Act 1997 (Vic), ss 21(2), 21B(b) — Powers of Attorney Act 2014 (Vic), ss 21, 63, 116, 121

Defamation — Concerns notice — Excluded corporation — Serious financial loss — Whether concerns notice informed publisher of serious financial loss to corporation — Whether imputations particularised in notice — Whether pleaded imputations substantially the same — Defamation Act 2005 (Vic), ss 9, 10A, 12A, 12B

Words and phrases — ‘concerns notice’ — ‘serious financial loss’

Practice and procedure — Costs — Mortgage dispute — Mortgagor alleged mortgagee invalidly appointed receivers — Mortgagee successful at trial but on appeal receivers found to be invalidly appointed — Mortgagee awarded 75 per cent of costs of trial — Contract excluded mortgagee’s liability for ‘attempted’ or ‘purported’ exercise of power under mortgage — Mortgagee rejected offers to compromise claim — Whether mortgagee entitled to costs — Whether costs discretion should be exercised in accordance with terms of contract — Supreme Court Act 1986 (Vic), s 24 — Supreme Court (General Civil Procedure) Rules 2025 (Vic), rr 63.13, 63.26

Companies — Winding up — Leave to proceed against company in liquidation — After appointment of interim receivers to company, director of lessor company purported to cause company to grant lease over premises — Whether lease binding on lessor — Putative tenant seeking to enforce lease — Tenant seeking relief against forfeiture — Whether leave to proceed against lessor should be granted — Corporations Act 2001 (Cth), ss 420, 471B

Criminal law — Interlocutory appeal — Theft of property — Cryptocurrency — Allegation that applicant dishonestly appropriated Bitcoin belonging to another — Whether Bitcoin ‘property’ for the purposes of theft charge — Whether Bitcoin mere information — Crimes Act 1958 (Vic), ss 71–2

Words and phrases — ‘Bitcoin’ — ‘property’

Practice and procedure — Evidence — Witnesses — Letter of request to judicial authority to facilitate audio-visual examination and cross-examination — Witness based in China and subject to travel restrictions — PRC Civil Procedure Law prohibited taking of evidence from a China-based witness without the permission of the competent Chinese authorities — Whether letter of request should be sent — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters — Supreme Court (General Civil Procedure) Rules 2025 (Vic), rr 41.01(1)(b), 41.13

Conflict of laws — Civil proceedings — Taking evidence abroad — Witness based in China and subject to travel restrictions — Whether letter of request should be sent — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters — Supreme Court (General Civil Procedure) Rules 2025 (Vic), rr 41.01(1)(b), 41.13

Criminal law — Appeal — Commonwealth offences — Sentence of Children’s Court — Whether questions of law be reserved for Court of Appeal — Whether general deterrence applied to sentencing children for federal offences in Children’s Court — Children, Youth and Families Act 2005 (Vic), ss 362, 430VA — Crimes Act 1914 (Cth), s 19B — Judiciary Act 1903 (Cth), ss 68, 79(1)

Tort — Battery — Lawful justification — Self-defence — Effecting arrest — Use of force by police to effect arrest — Protest — Police deployed oleoresin capsicum foam on protesters — Whether police officers had lawful justification for use of force — Crimes Act 1958 (Vic), ss 322K, 322N, 458, 459, 462A — Summary Offences Act 1966 (Vic), s 6

Damages — Tort — Non-economic loss — Restriction on recovery — Exception — Whether impacts of oleoresin capsicum foam an ‘injury’ — Whether use of oleoresin capsicum foam an intentional act done with intent to cause injury — Wrongs Act 1958 (Vic), ss 28LB, 28LC

Evidence — Status of Victoria Police manuals — Manuals issued by Chief Commissioner of Police — Victoria Police Act 2013 (Vic), ss 60, 61

Human rights — Protection from inhuman or degrading treatment — Freedom of movement — Peaceful assembly — Whether plaintiff had right to seek relief or remedy — Whether police conduct incompatible with human rights — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 10(b), 12, 16(1), 38(1), 39(1) — Victoria Police Act 2013 (Vic), ss 73, 74, 75

Words and phrases — ‘injury’ — ‘reasonable grounds’

Administration and probate — Intestacy — Application for distribution order — Multiple partners of deceased — Deceased survived by estranged spouse and unregistered domestic partner — Claim for entirety of estate — Whether claimant an unregistered domestic partner of deceased at time of death — Whether just and equitable to allocate whole of residuary estate to one partner to exclusion of other — Administration and Probate Act 1958 (Vic), ss 3(1), 70ZA, 70ZD, 70ZE

Words and phrases — ‘just and equitable’

Practice and procedure — Dismissal of proceeding for want of prosecution — Whether primary judge applied correct test — Whether Court obliged to have regard to the efficient conduct of its business, efficient use of its resources, minimisation of delay, and the timely determination of proceedings — Whether inordinate and inexcusable delay — Whether justice of occasion demands dismissal — Civil Procedure Act 2010 (Vic), ss 7, 8, 9, 25 — Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 5.12, ord 24

Arbitration — Arbitration agreement — Construction — Parties to contract commencing separate arbitrations before different tribunals — Hybrid arbitration clause providing for arbitration to be ‘conducted by the Resolution Institute in accordance with the ICC Rules of Arbitration’ — Workability of hybrid arbitration clauses — Jurisdiction of arbitral tribunal — Whether arbitrator entitled to apply Kompetenz-Kompetenz principle to determine authority to arbitrate — Which of two arbitration proceedings should continue

Practice and procedure — Evidence — Witnesses — Witness based in China and subject to travel restrictions — PRC Civil Procedure Law prohibited taking of evidence from a China-based witness without permission of competent Chinese authorities — Letter of request to judicial authority to facilitate audio-visual examination and cross-examination — Whether letter of request should be sent — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters — Supreme Court (General Civil Procedure) Rules 2025 (Vic), rr 41.01(1)(b), 41.13

Conflict of laws — Civil proceedings — Taking evidence abroad — Witness based in China and subject to travel restrictions — Whether letter of request should be sent — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters — Supreme Court (General Civil Procedure) Rules 2025 (Vic), rr 41.01(1)(b), 41.13