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80 VR(10 results)

Reports in this volume of the Victorian Reports

Stretton v CSR Building Products Ltd80 VR 1

[2026] VSC 91·O’Meara J·6 Mar 2026·Supreme Court of Victoria16p·Vol 80 VR Pt 1

Workers compensationInterpretation — Meaning of ‘compensation’ in s 326 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) — Whether compensation under section confined to compensation under that Act or extended to compensation under any statutory workers’ compensation regime in any jurisdiction — Accident Compensation Act 1985 (Vic), ss 80, 82(1), 82(6) and 134AB(1) — Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), ss 37, 39(1), 39(3) and 326

Ray v Zovi80 VR 17

[2026] VSC 258·Finanzio J·4 May 2026·Supreme Court of Victoria8p·Vol 80 VR Pt 1

Landlord and tenantResidential tenancy — Subtenancy — Recovery of possession — Rental providers’ application for possession of rented premises — Premises subject to subtenancy — Renter served with notice to vacate — No notice to vacate served on subtenants — Subtenants notified of proceeding — Order for possession granted on basis of notice — Whether jurisdiction to make order for possession against subtenants properly invoked — Residential Tenancies Act 1997 (Vic), ss 91R, 91ZZB, 91ZZJ, 334

Mishra v NBN Co Ltd80 VR 25

[2026] VSC 254·Watson J·5 May 2026·Supreme Court of Victoria37p·Vol 80 VR Pt 1

CompaniesWhistleblower — Protections under pt 9.4AAA of Corporations Act 2001 (Cth) — Detrimental conduct against person making or able to make protected disclosure — Suspicion or belief that employee had made protected disclosure — Employer engaged in detrimental conduct by threat to terminate employment — Test for liability — Whether person who made threat of termination suspected or believed that the plaintiff made, may have made, proposed to make or could make a qualifying disclosure — Corporations Act 2001 (Cth), pt 9.4AAA, ss 1317AA, 1317AD, 1317AE

Re Estate of Gepp80 VR 62

[2026] VSC 375·Barrett AsJ·15 Jun 2026·Supreme Court of Victoria10p·Vol 80 VR Pt 1

Wills and estatesProbate — Revocation — Application by co-executor for revocation of grant of probate to other executor — Whether conduct subsequent to grant of probate could be grounds for revocation — Whether revocation of probate warranted

Orde Mortgage Custodian Pty Ltd v Gazzard (No 2)80 VR 72

[2026] VSC 202·Steffensen AsJ·10 Apr 2026·Supreme Court of Victoria8p·Vol 80 VR Pt 1

MortgagesEquity of redemption — Where mortgagor proposes to pay judgment sum but not further amounts claimed by mortgagee — Whether mortgagor entitled to order that mortgagee execute discharge of mortgage

Practice and procedureApplication for stay of execution of judgment for possession and judgment debt, pending refinance — Refinance conditional upon discharge of mortgage — Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 66.16

Pamic v The King80 VR 80

[2026] VSCA 173·Emerton P, Donaghue and T Forrest JJA·17 Jul 2026·Court of Appeal14p·Vol 80 VR Pt 1

Criminal lawAppeal — Sentence — Offender aged 17 or 18 at time of offence — For purpose of sentencing, judge treated offender as a child aged 17 at time of offending — Whether appropriate to sentence offender as an adult for offence committed as a child — Whether weight to be given to general deterrence and denunciation in sentencing adult for offences committed when a child — Sentencing Act 1991 (Vic), s 5(1) — Children Youth & Families Act 2005 (Vic), s 362(1)

Intrapac Ellarook Pty Ltd v Wyndham City Council80 VR 94

[2025] VSC 549·Finanzio J·4 Sept 2025·Supreme Court of Victoria37p·Vol 80 VR Pt 1

Planning and environmentPlanning Scheme — Precinct Structure Plan — Development to be ‘generally in accordance’ with plan — Land designated in plan as site for ‘potential government school’ — Whether alternative use permitted

Words and phrases‘potential’ — ‘generally in accordance with’

Hameed (a pseudonym) v The King80 VR 131

[2026] VSCA 48·Emerton P, Walker, Orr, Kidd JJA and Croucher AJA·25 Mar 2026·Court of Appeal36p·Vol 80 VR Pt 1

Criminal lawInterlocutory appeal — Application for review of refusal of trial judge to certify interlocutory decision — Evidence — Admissibility — Complainant’s sexual history — Trial judge excluded evidence — Refusal to certify interlocutory decision — Whether error in refusal — Whether admissibility of complainant’s sexual history evidence matter which ‘concerns the admissibility of evidence’ — Whether such evidence, if ruled inadmissible, ‘would eliminate or substantially weaken the prosecution case’ — Whether error in refusal to certify — Whether application for leave to appeal competent — Criminal Procedure Act 2009 (Vic), ss 295, 296, 297, 342, 349

Words and phrases‘concerns the admissibility of evidence’

Glascott v The King80 VR 167

[2026] VSCA 42·Emerton P, Taylor and Kidd JJA·18 Mar 2026·Court of Appeal33p·Vol 80 VR Pt 2

Criminal lawFitness to stand trial — Finding of permanent unfitness — Non-compliance with three-month time limit to hold special hearing into fitness — Whether delayed special hearing invalid — Whether fresh indictment required new finding of unfitness — Whether permanent stay justified — Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), ss 6, 9, 14F

Secure Funding Pty Ltd v Grummett and Another80 VR 200

[2026] VSC 225·Cosgrave J·22 Apr 2026·Supreme Court of Victoria70p·Vol 80 VR Pt 2

BankruptcyStanding — Discharged bankrupt bringing proceedings — Cause of action a chose in action vested in trustee in bankruptcy — No assignment of chose in action or consent from trustee in bankruptcy to bringing of action — Whether automatic revesting of cause of action in discharged bankrupt — Bankruptcy Act 1966 (Cth), ss 58, 60, 116

TrustsResulting trust — Constructive trust — Family law property settlement — Statutory power of family court to make orders altering the interests of parties in property or the interests of trustee in bankruptcy in property vested in trustee — Whether statutory source of power could create equitable interests in property prior to court order — Family Law Act 1975 (Cth), s 79