Library Bulletin

CRIMINAL LAW - Appeal - Sentence - Fail to ensure persons not exposed to risk to health or safety - Current sentencing practices - Whether comparable cases were considered - Whether sentenced imposed was manifestly excessive - Leave to appeal refused.

Occupational Health and Safety Act 2004 s 23; Sentencing Act 1991 s 5(2).

DPP v Melbourne Water Corporation [2014] VCC 184; DPP v Handcock [2019] VCC 444, distinguished.

DPP (Vic) v OJA (2007) 172 A Crim R 181; DPP (Vic) v Terrick (2009) 24 VR 457; DPP (Vic) v Dalgliesh (a pseudonym) (2017) 262 CLR 428; DPP v Amcor Packaging Australia Pty Ltd (2005) 11 VR 557; Failla v the King [2025] VSCA 132; Fusca v the King [2024] VSCA 297; Hili v The Queen (2010) 242 CLR 520; Hudson v The Queen (2010) 30 VR 610; Le v The Queen [2021] VSCA 220; Lieu v The Queen [2016] VSCA 277; Lowndes v The Queen (1999) 195 CLR 665; Markarian v The Queen (2006) 228 CLR 357; The Queen v Kilic (2016) 259 CLR 256; Scherini v Cleveland Freightlines Pty Ltd [2018] WASC 5, considered.

APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DETERMINED BY A SINGLE JUDGE PURSUANT TO S 315 OF THE CRIMINAL PROCEDURE ACT 2009.

CRIMINAL LAW - Sentence - Application for leave to appeal - Trafficking in not less than a commercial quantity of methylamphetamine - Possession of cocaine - Knowingly deal with proceeds of crime - Failing to provide information or assistance to police officer - Total effective sentence of 5 years and 4 months' imprisonment with non-parole period of 3 years - Whether reasonably arguable that individual sentences, orders for cumulation, total effective sentence and non-parole period manifestly excessive - Significant mitigatory factors applicable to applicant - High objective gravity of offending - Not reasonably arguable that sentences manifestly excessive - Application refused.

Barbaro v The Queen [2021] VSCA 277; Parks v The Queen [2017] VSCA 232; Gregory (a pseudonym) v The Queen (2017) 268 A Crim R 1, discussed.

PRACTICE AND PROCEDURE - Appeal - Discretionary decision to refuse leave to subpoena a new witness after trial commenced and contrary to earlier procedural orders - Parties entered into an oral agreement regarding ownership of shares - Parties saw a solicitor eighteen months later and discussed matters relating to the agreement - Critical question in trial concerned ownership of shares - Finding on ownership of shares turned on credit of witnesses - Applicant sought to call solicitor as new witness during trial - Primary judge refused to allow new witness - Whether applicant denied procedural fairness by not allowing new witness - Whether primary judge erred in finding new evidence not of central importance to the critical question - Relevance of post-contractual conduct - Whether new witness would cause unfair prejudice to other parties - Whether new witness would present rebuttal evidence - Whether new witness should have been subpoenaed earlier - Where limited window available for trial and new witness would derail trial - Whether decision not to allow new witness unreasonable or plainly unjust - No error established - Leave to appeal refused.

Civil Procedure Act 2010; Supreme Court (General Civil Procedure) Rules 2015; Corporations Act 2001 (Cth).

Hightime Investments Pty Ltd v Adamus Resources Ltd [2012] WASC 295; County Securities Pty Ltd v Challenger Group Holdings Pty Ltd [2008] NSWCA 193, discussed.

Eaton v ISS Catering Services Pty Ltd (2013) 42 VR 635; Wilson v Bauer Media [Ruling No 1] [2017] VSC 302; Rush v Nationwide News Pty Ltd [No 4] [2018] FCA 1558; Mobile Innovations Limited v Vodafone Pacific Limited [2003] NSWSC 309; Primrose Meadows Pty Ltd v River View Pty Ltd [2017] VSC 487; N M Rural Enterprises Pty Ltd v Rimanui Farms Ltd [2011] NSWSC 1561; Clifford v Vegas Enterprises Pty Ltd [No 4] [2010] FCA 326; Northern Health v Kuipers [2015] VSCA 172, cited.

COSTS - Appeal - Offer of compromise - Challenge to finding of mutual wills - Tracing claim - Trial judgment $60,000 in favour of appellants - Application for leave to appeal granted - Appeal dismissed - Offer by respondents to pay $350,000 inclusive of costs - Non-acceptance of offer - Mutual wills claim worth approximately $6.9 million - Tracing claim approximately $1.1 million - Onus on party seeking indemnity costs - Whether non-acceptance of offer unreasonable in all the circumstances - Not unreasonable for appellants not to accept offer - Appellants to pay respondents' costs on standard basis - Supreme Court (General Civil Procedure) Rules 2015, r 26.12 - Hazeldene's Chicken Farm Pty Ltd v WorkCover Authority (Vic) [No 2] (2005) 13 VR 435, applied.

TRUSTS AND ESTATES - Trustee's indemnity - Administrator of deceased estate not taking part in appeal - Administrator seeking order for indemnity out of estate in respect of costs - No dispute before Court as to indemnity - No basis for identifying extent of indemnity - No extant or potential controversy - Not appropriate to make orders regarding administrator's indemnity.

OPEN COURTS - Application for proceeding suppression order without notice - Application for closed Court order - Application to transfer proceeding to Federal Circuit and Family Court of Australia and related applications - Orders by the Federal Circuit and Family Court of Australia permitting reference to documents filed and information concerning proceedings in that Court on the hearing of the transfer and related applications in this Court - Appropriate to make suppression order without notice and closed Court order in respect of the application to transfer and related applications - Statement of reasons may be provided adopting pseudonyms and other restrictions without rendering the suppression order ineffective - Open Courts Act 2013 (Vic) ss 4, 8, 10, 11, 13, 14, 17, 18, 19 - Federal Circuit and Family Court of Australia Act 2021 (Cth) s 69(1) - Family Law Act 1975 (Cth) ss 114Q(2)(a)-(b), 114R(2)(b)(i) - Napier v Treasury Wine Estates Ltd [2020] VSC 765; Re WD (No 2) (2023) 72 VR 589; [2023] VSC 790, applied; John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465, referred to.

STATUTORY INTERPRETATION - Construction of ss 8(1A) and (3) of the Open Courts Act 2013 (Vic) - Interaction with s 114Q of the Family Law Act 1975 (Cth) where orders made pursuant to s 114Q(2) of the Family Law Act 1975 (Cth) - Suppression order made with carve out concerning operative provisions of the Family Law Act 1975 (Cth) - Re WD (No 2) (2023) 72 VR 589; [2023] VSC 790, referred to.

EQUITY - Large properties purchased on behalf of Chinese Australian resident - Substantial deposits due on specified date - Proposal to Chinese investor to make equity investment using funds in Australian bank account - Equity proposal not finalised by specified date - Funds in Australian bank account used to pay deposits - Whether funds agreed to be lent or used without authority - Whether use if unauthorised was dishonest - Trial on liability only - No agreement to lend - Use unauthorised - Use dishonest.

ADMINISTRATIVE LAW - Judicial review - Error of law on the face of the record - Review of adjudication determination made under the Building and Construction Industry Security of Payment Act 2002 (Vic) - Whether adjudicator fell into error by misconstruing the construction contract - Whether superintendent's certificate had the effect of certifying a debt due and payable - Whether adjudicator fell into error by failing to assess certain items of work as a second-class claimable variation pursuant to s 10A(3) of the Building and Construction Industry Security of Payment Act 2002 (Vic) - Finding no error of law - Adjudication determination upheld.

GROUP PROCEEDINGS - PRACTICE AND PROCEDURE - Proposed revised statement of position filed pursuant to ruling granting leave to amend in part - Whether proposed revised statement of position complies with ruling - Further application for leave to amend summons and further revised statement of position - Multiplicity of proceedings - Competing carriage applications - Overlap between claims and common defendants - Experience of legal teams - Funding and available resources - Which arrangement is in the best interests of the group members - Gehrke v Noumi Ltd [2022] VSC 201.

GROUP PROCEEDINGS - Costs - Application for a group costs order - Costs to be calculated as a percentage of the amount of any award or settlement recovered - Principles applied - Supreme Court Act 1986 (Vic) s 33ZDA - Application granted.

FREEZING ORDERS - Freezing order - Applicable principles - Supreme Court (General Civil Procedure) Rules 2015 (Vic) ord 37A - Inherent jurisdiction and freezing orders - Ancillary orders general principles - Allegations of dishonesty - Good arguable case threshold - Exceptions and carve-outs to freezing orders - Quantum of freezing orders - Freezing orders and third parties - Undertaking as to damages - Security for damages undertaking - Discretionary consideration - Multiple causes of action and defendants - Ordinary living expenses exception - Legal expenses exception - Information disclosure orders - Security ordered - No fixed monetary limits on ordinary living expenses or reasonable legal expenses - Concessions regarding good arguable case and dissipation risk - Freezing orders made - Information disclosure ancillary orders made.

REPRESENTATIVE PROCEEDINGS - Part 4A Group proceeding - Application for approval of settlement - Settlement at a relatively early stage - Warranties by defendants as to compliance with their disclosure obligations pursuant to s 26 of the Civil Procedure Act 2010 (Vic) - Whether settlement fair and reasonable as between the parties and as between group members - Supreme Court Act 1986 (Vic) Part 4A, s 33V - Botsman v Bolitho [2018] VSCA 278, Gehrke & Anor v Noumi Ltd and Anor [2025] VSC 373, applied, Somers v Box Hill [2022] VSC 730, referred to.

PRACTICE AND PROCEDURE - Part 4A Group proceeding - Importance of plaintiff law firms appreciating their role and the role of the Court concerning Opt Out and other processes impacting participation by group members - Approval for payment of legal costs from settlement sum - Supreme Court Act 1986 (Vic) Part 4A, s 33ZDA - Allen v G8 Education Ltd (No 4) [2024] VSC 487, applied.

MISLEADING AND DECEPTIVE CONDUCT - Whether representations were made to the effect that payments made by the plaintiffs would be wholly or substantially used in product development - Whether representations made that the plaintiff would acquire part ownership of the entities that owned the physical and intellectual property relating to the products under development - Whether the defendants' conduct was misleading and deceptive - Reliance - Causation - Whether deceit - Australian Consumer Law, s 18 - Australian Securities and Investment Commission Act 2001 (Cth), s 12DA.

EVIDENCE - Whether recording of a telephone conversation should be admitted where one party to conversation unaware of recording Surveillance Devices Act 1999 (Vic) ss 6(1), 11(1); Evidence Act 2008 (Vic) s 38.

CONTRIBUTORY NEGLIGENCE - Whether the plaintiffs' award should be reduced for contributory negligence - Competition and Consumer Act 2010 (Cth) s 137B - Australian Securities and Investment Commission Act 2001 (Cth) ss 12GP, 12GR.

ACCESSORIAL LIABILITY - Relevant principles - Whether knowing involvement by accountant in misleading and deceptive conduct.

TRUSTS - Whether payments subject to trust of the character described in Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 - Whether payments subject to a trust of the character described in Black v S Freedman & Co (1910) 12 CLR 105.

KNOWING ASSISTANCE - Whether second limb of the description in Barnes v Addy (1874) LR 9 Ch App 244 applies - Relevant principles.

ILLEGALITY - Failure to disclose bankruptcy - Whether bankrupt managed a corporation - Corporations Act 2001 (Cth) ss 206A, 206B(3).

BUILDING CONTRACTS - Building and Construction Industry Security of Payment Act 2002 (Vic) ('the Act') - Whether the Adjudication Determination should be set aside - Whether the payment claim meet the requirements of s 14(2) of the Act - Whether the payment claim was served within the time required by s 14 of the Act - Whether the s 18(2) notice was given within the time allowed by the Act - Whether the Adjudication Determination took into account excluded amounts and other matters - Whether there is denial of procedural fairness and apportionment to the plaintiff of the Adjudicator's fee - Adjudicator erred in determining the reference date pursuant to s 9(2)(c) of the Act - The s 18(2) notice was not served within time allowed by the Act.

TAXATION LAW - Addition to grounds of objection by Commissioner - Where proposed additional grounds opposed on lack of proper basis - Whether Appellant is holding the same legal and equitable interests on trust for itself - Taxation Administration Act 1997 s 109 - Leave to add grounds granted.

PRACTICE AND PROCEDURE - Application to consolidate six separate proceedings - Where grounds of appeal overlap - *Civil Procedure Act *2010 - Aston (Aust) Properties Pty Ltd v Commissioner of State Revenue (2012) 88 ATR 211 - Traditional Values Management Ltd v Taylor & Ors [2012] VSC 299 - Application to consolidate refused.

CORPORATIONS - Corporations Act 2001 (Cth) - Part 5.4 - Insolvency - Statutory demand - s 459G - Application to set aside - Where related oppression proceeding commenced by defendant seeking payment of same debts claimed in statutory demand - Where demand withdrawn by defendant prior to final hearing.

COSTS - Proceeding resolved prior to final hearing - Exceptions to general rule that costs orders will not be made where no hearing on the merits - Whether defendant acted unreasonably or engaged in abuse of process by not withdrawing statutory demand upon filing of oppression proceeding claiming same debts - Whether eventual capitulation by defendant - Order that the defendant pay the plaintiff's costs.

CORPORATIONS - External administration - Corporations Act 2001 (Cth), s 420, sch 2, ss 90-15, 90-20 ('Insolvency Practice Schedule (Corporations)') - Trustee Act 1958 (Vic), s 63 - Liquidation of companies which acted as trustees of unit trusts - Application by liquidator for orders in respect of the trust property - Companies became bare trustees upon liquidation by reason of operation of ipso facto clause in trust deeds - Trustees right of indemnity from trust assets - Evidence that companies only carried on business as trustees of the trusts - Orders made that liquidator was justified and acting reasonably and proceeding on the basis that the companies respectively acted solely as trustees of the trusts and that all the property of the trusts are properly characterised as property of the companies and that all creditors of the company were creditors of the respective trusts - Orders made giving the liquidators powers in respect of the assets of the trusts nunc pro tunc under s 63 of Trustee Act 1958 (Vic) by reference to the powers described in s 420(2) of the Corporations Act 2001 (Cth) - Declaration made that Instagram account was property of one of the trusts.

CORPORATIONS - Application for winding up - Presumed insolvency - Statutory demand - Whether a plaintiff can rely on statutory demand issued by a supporting creditor for purpose of statutory presumption - Corporations Act 2001 (Cth) - Part 5.4 - Winding up in insolvency.

CORPORATIONS - Corporations Act 2001 (Cth) - Procedure - Application for winding up - Leave to amend originating process - Function of ss 459Q, 467, 467A to cure defect or irregularity - Whether there is material prejudice to the defendant where statutory demand relied on in originating process is amended.

CONTRACT - Co-Owners Deed - Construction of terms - Clause 9 required mandatory sale of property within 36 months - Contract expressed time was of the essence - Expiry of deed date - No unanimous agreement to extend time - Whether failure to place land for sale constituted breach of clause 9 - Specific performance sought by unitholder to enforce sale of land - Alternative claims based on waiver and estoppel - Principles of contractual interpretation - Co-Owners Deed to be construed consistently with adopted legal and commercial structures - Preservation of Unit Trust Deed and commercial trust arrangements.

EQUITY - Trusts and trustees - Unit trust established by families as a vehicle for business and property investments - Trust assets - Whether property is wholly held on trust - Unit Trust Deed - Division of units - Trustee powers including power of sale - Dispute between directors of corporate trustee as to sale of property - Application brought by unitholder to compel sale - Land owned by trustee - Interference with trustee's role - Opposition by other unitholder seeking to retain property - Option to acquire either side's interest - Buyout offer and counter-offer - Whether deadlock in affairs of unit trust - Breakdown of commercial relationships - Court's power to order sale - Application dismissed.

EQUITY - Claims for equitable relief - Discretionary nature of specific performance - Whether remedy available where time specified in clause 9 had expired - Term no longer capable of performance - Consideration of unitholder's own contribution to delay - Whether waiver - Whether conduct of other unitholder amounted to waiver of right to insist on strict compliance with clause 9 - Correspondence between solicitors - No such representations made - Any waiver unilateral and ineffective - Whether equitable estoppel - Elements not established - No clear and unequivocal promise to abandon parties' contractual obligation - No evidence of detrimental reliance - Whether forced sale of land necessary - Alternative mechanism available to purchase interest in property at fair value - Current 'open' offer - Claim dismissed - Commercial workaround available to parties.

CIVIL PROCEDURE - Supreme Court (General Civil Procedure) Rules 2015 (Vic) - Ancillary bases for relief - Order 54 - Proceedings relating to trusts - Availability of relief without general administration - Scope and limitations - Whether Titles 2 and 3 of property held on trust - Order 55, r. 55.02 - Court's power to order sale of land - Whether rule confers a wide-ranging discretion to order sale - Not a free-standing power exercisable merely when 'necessary or expedient' - Express wording 'for the purposes of the proceeding' confines power - Historical development and operation of rule.

CONTRACT - Claim for specific performance - Whether parties agreed upon new contract - Whether previous contract expired - Whether previous contract validly terminated - Whether parties' conduct constitutes a binding concluded agreement - Masters v Cameron (1954) 91 CLR 353 - Claim unsuccessful - No contract established.

DAMAGES - Loss and damages evidenced in table prepared by employees of the Plaintiff - Loss and damages calculated using unaudited figures - Unable to test or verify calculation - Claim unsuccessful - No basis for award of loss and damages.

CONTRACTS - Deed of settlement and release - Construction - Interpretation - Whether statutory unfair preference claims by liquidator released by deed of settlement between parties arising from earlier litigation over lien claimed by creditor - Whether preference claims 'in connection with' contract between parties under which creditor performed work - Whether claims in contemplation of parties at time of execution of deed - Whether unconscientious reliance by creditor upon general words of release - Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112 applied.

CORPORATIONS - Insolvency - Corporations Act 2001 (Cth) - Div 2 of Pt 5.7B - Voidable transactions - s 588FA - Unfair preference claims brought by liquidator under s 588FF(1) - s 588FA(3) - Whether payments an integral part of continuing business relationship - Running account - Where progress payments made by company to creditor under engineering, procurement and construction management contract - Where additional work performed contemplated by contract itself - Payments for additional work not connected with future supply - Walsh v Salzer Constructions Pty Ltd (2000) 3 VR 305 followed - s 588FG(2) - Good faith defence - Whether creditor had no reasonable grounds for suspecting company insolvent at time of transactions - Whether reasonable person in creditor's circumstances had no such grounds for so suspecting - Where creditor bore onus of proving defence but failed to call key witnesses - Inferences made that witnesses would not have assisted creditor in making out defence - Cook's Construction Pty Ltd v Brown (2004) 49 ACSR 62 applied.

PRACTICE AND PROCEDURE - Application pursuant to s 27(3)(b) of the Civil Procedure Act 2010 (Vic) and the inherent jurisdiction - Release of obligation imposed in respect of documents and information used in a previous proceeding to allow use in the current proceeding - Requirement for special circumstances - Harman undertaking - Implied undertaking not to use documents or information for a purpose other than the legal proceeding - Documents and information required to have been produced under compulsion - Only the court can release a party from the implied undertaking - Application granted - Harman undertaking general principles.

PRACTICE AND PROCEDURE - Defendant's application to vacate trial date - Defendant not responding to communications from his solicitors - Counsel returned brief and unavailable - Rules 48.06 and 49.03 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) - Where defendant said to be unavailable due to inability to leave China - Vague and inadequate evidence and explanation - Trial adjournment and trial vacation applications, general principles - Whether vacation would cause unfair prejudice - Trial vacation application refused - Liberty to apply to take defendant's evidence by alternative means or to adjourn the trial part-heard to have the defendant give evidence at a later date reserved - Sections 47, 48 and 49 Civil Procedure Act 2010 (Vic) - Eaton v ISS Catering Services Pty Ltd (2013) 42 VR 635 - Dawn v Carlisle Homes Pty Ltd [2025] VSCA 58.

PRACTICE AND PROCEDURE - Group Proceedings - Opt out - 'Soft' class closure orders - Whether appropriate or necessary to ensure that justice is done - Where notice regime appropriate to ensure that justice is done - Supreme Court Act 1986 (Vic), ss 33ZF, 33ZG - Lendlease Corporation Ltd v Pallas [2025] HCA 19.

TESTATORS FAMILY MAINTENANCE - Application for family provision orders under Part IV of the Administration and Probate Act 1958 (Vic) by adult daughters - Where deceased made no provision for adult daughters in his will - Moral duty owed by deceased to make provision for adult daughters in need and with disabilities - What amount constitutes adequate provision for the proper maintenance and support of the adult daughters - Circumstances where any provision will be insufficient - Administration and Probate Act 1958 (Vic) ss 90, 90A, 91, 91A.

CRIMINAL PROCEDURE - Application for judicial review from Magistrates' Court decision to amend a charge laid under s 49(1)(eb) of the Road Safety Act 1986 (Vic) ('Act') - Charge identified the incorrect paragraph of s 55E(2) of the Act - Whether the statutory precondition to making the requirement to accompany in s 55E(2) of the Act is an essential element of the offence - Power to amend a charge under s 8 of the Criminal Procedure Act 2009 (Vic) ('CPA') after expiry of limitation period - Whether the amendment had the effect of creating a new offence - Director of Public Prosecutions v Kypri (2011) 33 VR 157, Fox v Director of Public Prosecutions (2022) 66 VR 223, Sheerin v Director of Public Prosecutions (2021) 95 MVR 291, and DPP Reference No 2 of 2001; Collicoat v DPP; Bell v Dawson (2001) 4 VR 55 referred to - Original charge was defective - Amendment did not have the effect of commencing a proceeding for a new offence - Requirements of s 8(4) of the CPA otherwise met - Application dismissed.

PRACTICE AND PROCEDURE - Plaintiff's writ selected trial by judge and jury of six - Application by defendant for trial by judge sitting alone - Plaintiff alleges abuse in 1987 - Defendant denies alleged duty of care - Similar case heard before a jury in 2023 - Appeal and application for special leave to appeal - Order not lightly made and good cause required to be shown - Publicity and alleged notoriety of factual and legal issues - 'Complexity' and alleged risk of inconsistent findings - Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 47.02(3) - Dupas v R (2010) 241 CLR 237; Birti & Anor v SPI Electricity & Anor [2011] VSC 566; Belbin & Ors v Lower Murray Urban and Rural Water Corporation (Ruling No 1) [2012] VSC 359; Gobbo v State of Victoria [2024] VSC 603; Footscray Football Club Ltd v Kneale [2024] VSCA 314 considered - Application refused.

JUDICIAL REVIEW - Application for leave to appeal against costs decision of Victorian Civil and Administrative Tribunal - Where most of applicant's arguments challenge substantive orders or fail to identify questions of law - Whether costs decision reasonably open - Whether Tribunal failed to accord procedural fairness by not considering emailed submission on costs - Leave granted and appeal allowed on ground that the Tribunal failed to accord procedural fairness - Application for costs remitted - Observations on difficulties the Tribunal faces dealing with litigants in person who send emails rather than file submissions - Nathanson v Minister for Home Affairs (2022) 276 CLR 80 - Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 109.

CONTEMPT OF COURT - Breach of freezing orders - First defendant and second defendant failed to file affidavits re assets - First defendant disposed of assets subject to freezing orders - First defendant guilty of contempt of court - Conduct contumacious - Appropriate that sentence of imprisonment imposed.

TESTATOR'S FAMILY MAINTENANCE - Family provision and maintenance - Estrangement - Whether contribution to building up estate - Whether deceased owed moral duty - Whether distribution adequate and proper - Administration and Probate Act 1958 pt IV.

EQUITY - Breach of executors' obligations - Whether income should have been derived from estate.

STATUTORY INTERPRETATION - Referral of a question from the Magistrates' Court for determination by the Supreme Court under the Charter of Human Rights and Responsibilities Act 2006 (Vic) - Whether 'right to life' engaged in the interpretation of the Magistrates' power to grant bail in Victoria - Person accused of murder - Bail Act 1977 (Vic) - No jurisdiction for Magistrate to grant bail for murder - Power not enlarged by Charter - Clear meaning of the words of section 13(2) of the Bail Act 1977 (Vic) - Court to answer only the question raised by the referral - Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 1, 9, 21, 32, 33 - Service and Execution of Process Act 1992 (Cth) ss 82, 83, 88 - Bail Act 1977 (Vic) s 13(2).

CRIMINAL LAW - Bail - Applicant charged with trafficking in drug of dependence and other charges - Applicant accused of a Schedule 2 offence while subject to a summons to answer to a charge of another Schedule 2 offence - Requirement to show exceptional circumstances - Whether exceptional circumstances made out - Whether applicant an unacceptable risk - Bail granted - Bail Act 1977, ss 1B, 3AAA, 4AA, 4A, 4D and 4E.

OPEN COURTS - Application for proceeding suppression order - Murder trial imminent - Domestic partner killed - Existing publicity - Another criminal trial pending - Suppression order granted in other proceeding - No publications in relation to other proceeding - Accused unsatisfactory conduct to be adduced in murder trial - Whether suppression of murder trial necessary for due administration of justice with respect to other proceeding - Order not necessary - Application dismissed - Open Courts Act 2013 (Vic), ss 4(1), 14(1), 17, 18(1)(a) - Judicial Proceedings Reports Act 1958 (Vic), s 3(1)(c) - Crimes Act 1958 (Vic) s 38(2), (3) - Juries Act 2000 (Vic), s 78A.

CRIMINAL LAW - Consent mental impairment - Charge of murder - Accused suffering from delusional disorder - Expert evidence - Verdict of not guilty by reason of mental impairment - Accused declared liable to supervision - Matter adjourned to allow for report certificate of available services to be obtained - Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), ss 20, 21, 24, 41, 47 and 75.

CRIMINAL LAW - Application for compensation orders - Applicants adult children of deceased - Persisting pain and suffering - Financial circumstances of respondent - Previous settlement deed lapsed - Compensation awarded - Sentencing Act 1991 (Vic) ss 85A, 85B, 85C, 85G, 85H, 85I, 85J and 85K - Application for pseudonym orders - No cogent basis to displace the principle of open justice - Application for pseudonym orders refused.

CRIMINAL LAW - Crimes mental impairment - Application for revocation of non-custodial supervision order - Continuation of order not necessary to ensure safety of applicant or community - Application to non-custodial supervision order granted - Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic).

CRIMINAL LAW - Application for renewal of supervision order - Where respondent has been assessed as 'moderate-high' risk of committing serious violence offence - Where respondent is institutionalised - Where respondent has limited protective factors and pro-social relationships in the community - Where respondent has been engaging in treatment programs - Application not opposed - Supervision order renewed - Application for suppression order - Whether publication of respondent's identity and location will disrupt rehabilitation - Suppression order granted - Serious Offenders Act 2018 (Vic) ss 14, 22, 24, 27, 279, 280.

CRIMINAL LAW - Murder trial - Domestic partner killed - Accused arraigned and pleaded not guilty to murder but guilty to manslaughter - Defence opening - Only issue whether accused had murderous intent at time of killing - Accused admits being present at car containing deceased's body when set alight - Deceased's remains badly burnt - Photographs of deceased's remains as found at scene in evidence - Photograph of remains taken during autopsy excluded - Police body worn camera video with audio taken upon arrival and during inspection of car containing deceased's remains - Audio included expletive and inaccuracies - Video only to be played before jury with audio excluded - Evidence Act 2008 (Vic), s 137.

PRACTICE AND PROCEDURE - Amendment to pleadings

SUMMARY JUDGMENT - Application for summary judgment - Section 63 Civil Procedure Act 2010 (Vic) - Construction of a settlement deed - Ambiguity on the face of the document - Use of extrinsic evidence - Whether a 'fair dispute' as to the meaning of the document.

TORT - NEGLIGENCE - CONTRACT - RESIDENTIAL TENANCY - BREACH OF CONTRACT - BREACH OF DUTY - Fire - Property damage - Point of origin of fire - Cause of fire - Inferences - Expert evidence of fire investigators.

INDUSTRIAL LAW - Fair Work Act 2009 (Cth) ss 45, 546(1), 546(3), 550, 557 - Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020 rr 1.6, 13.01, 13.02, 13.03, 13.04, Form 13D - Magistrates' Court General Civil Procedure Rules 2020 r 43.03 - Evidentiary requirements for an order in default - Pecuniary penalties - Order for payment of penalties to a third party.