Library Bulletin

DEFAMATION - Injurious falsehood - Associate judge granting summary judgment for defendant - Application for extension of time for plaintiffs to appeal associate judge's orders to judge of Trial Division - Proposed appeal from associate judge without merit - Futile to grant extension of time - Application for extension of time refused - Application for leave to appeal judge's orders refusing extension of time application - Application for leave to appeal having no prospects of success - Application for leave to appeal totally without merit - Application for leave to appeal refused.

Supreme Court Act 1986, s 14D.

PRACTICE AND PROCEDURE - Perfected court order - Power to set aside perfected court order made by consent following settlement of proceeding - No power to set aside perfected orders otherwise than on recognised grounds - No basis for setting aside settlement or orders - Judge plainly correct in refusing application to set aside perfected court orders - Application for leave to appeal from judge's order having no prospects of success - Application for leave to appeal totally without merit - Application for leave to appeal refused.

Supreme Court Act 1986, s 14D.

Bailey v Marinoff (1971) 125 CLR 529; The Owners Strata Plan No 57164 v Yau (2017) 96 NSWLR 587; Euromark Ltd v Smash Enterprises Pty Ltd (in liq) [No 2] [2024] VSCA 152, applied.

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

CRIMINAL LAW - Appeal - Sentence - Criminal damage, intentionally cause injury, attempt to pervert the course of justice and persistent contravention of a family violence safety notice - All offending occurred within the context of family violence - Whether term of imprisonment with non-parole period manifestly excessive - Whether time served with Community Correction Order the only available sentencing option open - Leave to appeal refused.

Boulton v The Queen (2014) 46 VR 308; DPP v Reynolds (a pseudonym) (2022) 71 VR 366, referred to.

Skeates (a Pseudonym) v The King [2023] VSCA 226, applied.

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

CRIMINAL LAW - Appeal - Sentence - Proceeds of crime and drug offences - Applicant has paranoid schizophrenia - Whether judge erred on factual basis that applicant did not have schizophrenia at time of offending - Whether application of general deterrence should be moderated due to applicant's schizophrenia - Whether sentence manifestly excessive - Leave to appeal granted.

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

CRIMINAL LAW - Appeal - Sentence - Firearms, drug trafficking and proceeds of crime offending - Applicant on parole for similar offending at time offences committed - Significant and relevant criminal history - Statutory presumptions of cumulation and order of sentence - Totality - Whether sentence manifestly excessive - Sentence within range - Application for leave to appeal refused.

Sentencing Act 1991, ss 6E, 15 and 16(3B).

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

CRIMINAL LAW - Appeal - Sentence - Theft, dangerous driving causing serious injury and fail to render assistance - Whether judge unilaterally aggravated the factual basis of the plea by going behind the agreed summary - Whether judge impermissibly relied upon opinion evidence - No error - Leave for extension of time refused.

Madafferi v The Queen [2017] VSCA 302, applied.

Weininger v R (2002) 212 CLR 629; Ristevski v The Queen (2011) 31 VR 93; R v Bunning [2007] VSCA 205; R v Lowe [2009] VSCA 268; DPP v Walsh (a pseudonym) [2018] VSCA 172; Qayyum v The King [2025] VSCA 14, referred to.

CRIMINAL LAW - Appeal - Conviction - Sexual penetration of a child under 16 and associated offences - Trial judge discharged ill juror without hearing the parties - Irregularity occasioning a substantial miscarriage of justice.

CRIMINAL LAW - Appeal - Conviction - Sexual penetration of a child under 16 and associated offences - Recording of prosecution opening and defence response from previous trial played to jury in place of oral addresses by counsel - Recording of poor quality - Irregularity occasioning a substantial miscarriage of justice.

Criminal Procedure Act 2009 ss 224 and 225; Juries Act 2000 s 43.

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

CRIMINAL LAW - Application for leave to appeal - Sentence - Cultivation of not less than a commercial quantity of cannabis - Cultivation of cannabis - Possession of cannabis - Theft of electricity - Total effective sentence of 4 years and 6 months' imprisonment with non-parole period of 2 years and 8 months - Whether reasonably arguable that individual sentences on charges 1 and 2, total effective sentence and non-parole period manifestly excessive - Not reasonably arguable that sentences manifestly excessive - Application for leave to appeal refused.

Vocaj v The King [2023] VSCA 242; Le v The Queen [2021] VSCA 220; Dang v The Queen [2020] VSCA 24; Nguyen v The Queen (2021) 301 A Crim R 1, discussed.

COURTS AND JUDGES - Application to disqualify for apparent bias - Disqualification by conduct - Asserted findings in reasons following an interlocutory hearing - Asserted failure to provide procedural fairness and a fair hearing - Application refused - Ebner v Official Trustee in Bankruptcy [2000] HCA 63, (2000) 205 CLR 337, applied - Webb v The Queen [1994] HCA 30; Fuller v Fletcher Building Ltd [2024] VSC 712, referred to.

COSTS - Whether party/party or indemnity - Whether party allowed to rely upon a letter which is headed 'without prejudice' but not 'without prejudice save as to costs' - Whether letter constitutes a Calderbank offer - Whether defendant acted unreasonably in not accepting the offer - Evidence Act 2008 (Vic) s 131(1).

INTEREST - Whether interest should run from commencement of the proceeding or whether good cause is shown to the contrary - Supreme Court Act 1986 (Vic) ss 58, 60.

PRACTICE AND PROCEDURE - GROUP PROCEEDINGS - Application to strike out pleadings - Sufficiency of group definition - Principles relating to group definition - Where group member defined as persons who acquired vehicles containing 'defeat device' - Where definition of 'defeat device' general and technical - Where existence of 'defeat device' is an issue in contest - Whether definition provides objective criteria that permits reasonable ascertainment of whether a person is a group member - Context and purpose of s 33H in group proceedings - Supreme Court Act 1986 (Vic) s 33H(2)(a) - King v GIO Australia Holdings Ltd [2000] FCA 1543 - Petrusevski v Bulldogs Rugby League Ltd [2003] FCA 61 - Wright Rubber Products Pty Ltd v Bayer AG [2010] FCAFC 85 - Ethicon Sarl v Gill (2018) 264 FCR 394 - Perera v GetSwift Ltd (2018) 263 FCR 1 - Dyczynski v Gibson (2020) 280 FCR 583 - J Wisbey & Associates Pty Ltd v UBS AG [2021] FCA 36 - Green v Graincorp Oilseeds Pty Ltd [2023] VSC 395 - Impiombato v BHP Group Limited [2025] FCAFC 9.

PRACTICE AND PROCEDURE - Group proceedings - Settlement approval - Non-party application to intervene - Applicant in separate Federal Court group proceeding seeking to inspect settlement deed and intervene in settlement approval application or have a contradictor appointed - Whether applicant has direct interest in settlement - Whether intervention would assist court - Principles governing intervention by non-parties in group proceedings - Application of Bauer Media Pty Ltd v Wilson [2018] VSCA 68 test - Scope of s 33ZF of Supreme Court Act 1986 (Vic) - Fiduciary duty of representative plaintiff - Confidentiality of settlement deed - Application dismissed.

PRACTICE AND PROCEDURE - Group Proceeding - Application to amend group definition to exclude persons defined as group members in further amended statement of claim - Indorsement on the writ - Whether definition of group members in the original statement of claim indorsed on the writ had been amended in accordance with Part IVA of the Supreme Court Act 1986 (Vic) as a result of amendments to the definition of group members in the amended statement of claim - No previous application by the plaintiffs pursuant to s 33K of the Supreme Court Act 1986 (Vic) to amend the writ - The persons proposed to be excluded are not existing group members - Application refused - Leave to amend the definition of group members in the writ to accord with the definition in the further amended statement of claim - Supreme Court Act 1986 (Vic) Part 4A, ss 33H, 33K - Supreme Court (General Civil Procedure) Rules 2015 (Vic) rr 5.04, 36.01 - Impiombato v BHP Ltd (No 5) [2024] FCA 591, Bray v F Hoffman- La Roche Ltd [2003] FCA 1505, Pharm-a- Care Laboratories Pty Ltd v Commonwealth of Australia (No 3) [2010] FCA 361, Jojeni Investments Pty Ltd v Mosman Municipal Council [2015] NSWCA 147, applied - Impiombato v BHP Group Ltd [2025] FCAFC 9, Renowden v McMullin [1970] HCA 24, cited.

CORPORATIONS - Interlocutory injunction - Oppression - Serious question to be tried - Balance of convenience - Competing offer from plaintiff to purchase company shares and offer from third party to purchase company investment shareholding - Whether shareholders sufficiently informed of third party offer - Application to restrain alternative resolution to wind up company - Fraser v NRMA Holdings Ltd (1995) 55 FCR 452 - ENT Pty Ltd v Sunraysia Pty Ltd (2007) 61 ACSR 626 - Corporations Act 2001 (Cth), s 232.

CORPORATIONS - Voluntary administration - Declaration of validity of appointment of voluntary administrators to trustee company - Purported exercise of director's powers pursuant to a power of attorney - Corporations Act 2001 (Cth) s 447A.

CORPORATIONS - Application for orders under Corporations Act 2001 (Cth) sch 2 ss 90-15 and 90-20 - Insolvency Practice Schedule (Corporations) - Whether the company was justified and acting reasonably in proceeding on basis that it acted solely in its capacity as trustee at all times - Whether the administrators are entitled to use trust assets to pay their expenses and the creditors of the trust.

CORPORATIONS - Application for orders conferring powers to deal with trust assets on the trustee company under Trustee Act 1958 (Vic) s 63(1) - Where the company is a bare trustee - Whether the administrators should be appointed as receivers of the trust assets under Supreme Court Act 1986 (Vic) s 37(1).

CORPORATIONS - Application for relief from liability under Corporations Act 2001 (Cth) s 1318 and/or Trustee Act 1958 (Vic) s 67 - Where administrators exceeded powers as bare trustee in selling trust property - Whether administrators acted honestly and reasonably.

CORPORATIONS - Application for extension of the convening period for the second meeting of creditors - Corporations Act 2001 (Cth) s 439A.

CORPORATIONS - Insolvency - Corporations Act 2001 (Cth) ('Act') - s 588G - Insolvent trading - Defendant director unrepresented - s 588G(1) - Whether debts incurred when company was insolvent - Whether reasonable grounds to suspect insolvency - s 588G(2) - Whether director aware of grounds to suspect insolvency - Whether reasonable person in like position would suspect insolvency - Statutory defences - s 588H(2) - Whether director had reasonable grounds to expect solvency - s 588H(3) - Whether director had reasonable grounds to believe competent and reliable person providing information about solvency - s 588H(4) - Whether because of illness or some other good reason director did not take part in management of company.

DEBT - Claim in debt by company in liquidation against director in respect of alleged loan - Whether evidence supports existence of loan - s 553C(1) of the Act - Whether director has right of set-off under s 553C(2) - Set-off not available because director on notice of company's insolvency at relevant time.

LIMITATIONS OF ACTIONS - Limitation of Actions Act 1958 (Vic) - s 5 - Potential application of limitation period to claim in debt - Supreme Court (General Civil Procedure) Rules 2015 (Vic) - rr 13.02(1)(b) and 13.07(1) - Defendant required to specifically plead any limitations defence - Matter not pleaded - Failure to do so means defendant cannot later rely on defence and Court should not consider limitation question on its own motion.

JUDICIAL REVIEW - Plaintiff complained to the Independent Broad-based Anti-corruption Commission claiming a conspiracy and corrupt conduct of public bodies and public officers in respect of R v Camilleri [2013] VSC 676 - Plaintiff subsequently advised the defendant that it 'must' speak with the mother of a girl who disappeared in 1992 - Defendant later determined not to investigate the complaint and, consequently, the complaint was dismissed - Plaintiff sought judicial review - Whether defendant failed to take a mandatory relevant consideration into account or unreasonably failed to inquire - Independent Broad-based Anti-corruption Commission Act 2011 (Vic), ss 3, 8, 15, 51, 59, 59A, 60, 63, 67 and 68 - Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155; Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429; Chang v Neill (2019) 62 VR 174; Schmael v Leach [2020] VSC 562 and MacKenzie v Head, Transport for Victoria [2021] VSCA 100 considered - Proceeding dismissed.

CAVEATS - Application to remove caveats - Sale of land by registered mortgagee - Caveatable interests claimed through either joint endeavour or common intention constructive trust - Prima facie case - Balance of convenience - Transfer of Land Act 1958 s 90(3).

EQUITY - Resulting trusts - Presumption of advancement - Intention of the parties - Whether plaintiff intended to retain the beneficial ownership of a property - Whether plaintiff's advance of funds to the defendant and the defendant's father was to facilitate her acquisition of the beneficial ownership of the property - Nomination form executed by the plaintiff naming the defendant - Whether defendant advised the plaintiff that she should not complete the purchase of the property in her name to avoid negatively impacting her pension - Whether plaintiff advanced the defendant a sum of cash for the purchase of the property - Napier v Public Trustee (WA) (1980) 32 ALR 153, Bosanac v Federal Commissioner of Taxation (2002) 275 CLR 37, and Maxwell v Maxwell [2022] NSWSC 1028 referred to - Inconsistencies in plaintiff's evidence and pleadings - Corroborative documents, including a draft will, supports that the funds advanced by the plaintiff to the defendant's father was a gift - Plaintiff's claim dismissed.

EQUITY - Unconscionable conduct - Special disability - Whether the plaintiff was under a special disability when she entered into a property transaction - Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 1, Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392, and Charbord Investments Pty Ltd v Isabelle Szwarcbord [2023] VCC 2141 referred to - Plaintiff claims special disadvantage arose due to her age, limited proficiency in English, emotional dependence on the defendant, inability to understand legal documents written in English, and inability to attend to financial and banking transactions without assistance - Whether the defendant took unconscientious advantage of the plaintiff's special disability - Held that the plaintiff was not under any special disability with respect to the defendant and that the defendant did not engage in unconscionable conduct - Plaintiff's claim dismissed.

MORTGAGE - Discharge of mortgage - Moratoria - Whether effect of Memorandum of Common Provisions excludes the operation of limitations provisions - Limitations of Actions Act (Vic) ss 8, 18, 20(1) - Price v Spoor (2021) 270 CLR 450 - Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104.

WILLS AND ESTATES - PROBATE - CONVEYANCING - Application for vesting order pursuant to s 48(2) of the Administration and Probate Act 1958 (Vic) and ss 51(1) and (2)(o) of the Trustee Act 1958 (Vic) - Where title in respect of small sliver of land neglected to be handed down in the execution of three generations of estates - Chain of representation established per ss 13 and 17 of the Administration and Probate Act - Land now developed by way of adverse possession - Where deed between beneficiaries and possessor - Administrative delay in following ordinary conveyancing practices - No contradictor - Re Purkiss [1999] VSC 386 considered - Haslam v Money For Living (No 2) [2007] FCA 1981 and Marchesi v Registrar of Titles [2010] VSC 524 applied - Urgency - Vesting order made.

PRACTICE AND PROCEDURE - Cross-vesting - Proceeding claiming damages for personal injury arising out of alleged abuse in institutional settings in the 1980s and early 1990s - Application by defendant to transfer the proceeding to New South Wales - Whether the Supreme Court of New South Wales is the more appropriate forum - Interests of justice - Jurisdiction of Courts (Cross-vesting) Act 1987 (Vic), s 5(2)(b) - BHP Billiton Ltd v Schultz (2004) 221 CLR 400, Irwin v State of Queensland [2011] VSC 291, Vernon v Kaefer Integrated Services Pty Ltd [2023] VSC 667 and Stanford Barton (a pseudonym) v The State of New South Wales [2025] VSC 57 considered - Application dismissed.

PRACTICE AND PROCEDURE - Application to file and serve an amended notice of contribution and statement of claim - Declaration concerning liability under an insurance contract - Availability of insurance proceeds under s 562 of the Corporations Act 2001 (Cth) - No claim made under the relevant policy - Application of CGU Insurance Ltd v Blakeley (2016) 259 CLR 339 - No justiciable controversy between the parties - Application dismissed - Costs to follow the event.

PRACTICE AND PROCEDURE - Discovery - Institutional Liability List proceedings and application of s 83 of the Adoption Act 1984 (Vic) - Application brought by party who is successor in law to a private adoption agency - Question of whether the Court is empowered to order discovery given the operation of s 83 of the Adoption Act 1984 (Vic) - Orders for discovery made by consent.

PRACTICE AND PROCEDURE - Application for leave to reopen after delivery of judgment but before final orders have been made - Fresh evidence of the fact the warrant the subject of the proceeding has expired and a new warrant has been issued - Where expiry of the warrant was the plaintiffs' solicitors' fault - Application for Court to reconsider judgment and make final orders in respect of the new warrant - Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300; Spotlight Pty Ltd v NCON Australia Ltd (2012) 46 VR 1 applied - Interests of justice favour granting the application.

JUDGMENTS, ORDERS AND DECLARATIONS - Final orders following judgment - Stay of payments by the Sheriff to the plaintiffs to allow for finalisation of other proceedings concerning the property - Stay of execution of costs orders refused.

JUDGMENTS, ORDERS AND DECLARATIONS - Sheriff sought declarations that Sheriff's reasonable costs in this proceeding are costs incurred in executing a warrant under Sheriff Act 2009 s 32(1) - Giurina v Sheriff (Vic); Hooks Industries (Vic) Pty Ltd v Giurina (Costs) [2025] VSC 155 applied.

CRIMINAL LAW - Bail - One charge of rape - Further charges of attempting to pervert the course of justice, intimidating a witness, and stalking - Latter offending allegedly committed while applicant on bail for the rape charge - Alleged victims of the latter charges are the rape complainant and her friend, to whom first complaint made - Disagreement on correct bail test - Respondent submits 'exceptional circumstances' on the basis that stalking is a Schedule 2 offence where the conditions of item 8(b) of Schedule 2 are met - Court not satisfied that the stalking charge properly fits within item 8(b) of Schedule 2 - Show compelling reason the appropriate test - Compelling reason not established - Unacceptable risk in any event, which cannot be mitigated by strict conditions - Bail refused - Bail Act 1977 ss 1B, 3AAA, 4C-4E, 4AA, and Schedule 2.

SENTENCE - Homicide by firearm - Handling stolen property - Deceased shot in the chest by offender in the course of an aggravated home invasion by multiple masked and armed offenders - Offender later sold a stolen firearm to covert operatives - Young offender - No criminal antecedents - Late plea of guilty - Delay - Reasonable prospects of rehabilitation - Harsher conditions on remand due to pandemic - Appropriate to impose substantially longer sentence than was imposed on co-offenders who pleaded guilty much earlier to manslaughter on a complicity basis - R v Mohamed [2024] VSC 318 - DPP v Sisal [2024] VSC 589 - Azzopardi v R (2011) 35 VR 43 - Sentencing Act 1991 (Vic) ss 5A, 11A.

SENTENCE - Murder - Accused convicted of the murder of his estranged wife - Where deceased was assaulted and shot in the head in her own home by an intruder - Whether accused was perpetrator of or a party to the murder - Whether offence fell into worst category of murders - Where murder occurred in 2007 and accused not charged until 2019 - Where accused had no prior or subsequent convictions - Very good prospects of rehabilitation - R v Basham [2023] VSC 79 - R v Kilic (2016) 259 CLR 256 - Mackie v The Queen [2022] VSCA 28 - Stalio v The Queen (2012) 46 VR 426 - Sentencing Act 1991 (Vic) s 165A.

CRIMINAL LAW - Sentence - Manslaughter by unlawful and dangerous act - Separate charge of armed robbery - Early pleas of guilty to both offences - Serious offences - Armed robbery in company - Accused armed with knife and co-offender with machete - Accused threatened to kill victim - Manslaughter - Accused and co-offenders confronted victim and associate in enclosed space - Accused stabbed victim with knife - Accused fled to Queensland after offence - Substantial criminal history - Childhood deprivation resulting in drug and alcohol dependency - Reduced culpability - Difficult circumstances in custody - Remorse - Significant utilitarian value of pleas.

CRIMINAL LAW - Sentence - Intentionally causing serious injury - In kitchen of family home, accused, without warning, stabbed estranged wife repeatedly to face, upper body, arms, hands with knife - After child wrested knife from him, accused resumed attack with meat cleaver - Children ultimately stopped assault, allowing mother to flee - Injuries included permanent blindness in left eye, significant laceration of tongue, noticeable facial and other scarring - Profound victim impact - Offence committed in breach of family violence intervention order ("FVIO") and adjourned undertaking for breaching similar order - Grave example of offence - Accused handed himself in to police, made some admissions - Plea of guilty - Genuine remorse - Accused aged 59 then, 61 now - No prior convictions, but previous instances of family (albeit not physical) violence - Solid work history - Support of adult son - Good prospects of rehabilitation - Accused's depression (severe), adjustment disorder, cognitive deficits and lack of English make imprisonment more burdensome - Mental health likely to deteriorate in prison - Importance of general deterrence, denunciation, just punishment, and rehabilitation - Specific deterrence and community protection of lesser moment - Parsimony - Current sentencing practices - Sentence of ten years' imprisonment with non-parole period of seven years - But for plea of guilty and remorse, sentence in order of thirteen years' imprisonment with non-parole period of ten years - Crimes Act 1958 (Vic), s 16; Sentencing Act 1991 (Vic), ss 5, 6AAA & 18.

CRIMINAL LAW - Evidence - Accused charged with murder - Tendency evidence - Whether tendency evidence sought to be adduced by prosecution concerning previous convictions of accused admissible - Whether tendency evidence sought to be adduced by prosecution concerning admissions supposedly made by accused admissible - Evidence Act 2008 (Vic) ss 97, 101.

CRIMINAL LAW - Change of venue application - Accused charged with murder - Proper venue is Geelong - Media publicity - Suitability of facilities in Geelong - Whether fair trial can be had - Criminal Procedure Act 2009 ss 169 and 192 - R v Iaria and Panozzo [2004] VSC 96.

CRIMINAL LAW - Sentencing - Manslaughter - Early guilty plea - Stabbing - Multiple stab wounds - Youthful offender - Severe traumatic brain injury - Verdins principle 5- Limited criminal history - Genuine remorse - Relevance of offender's drug and alcohol addiction - R v McKee (2003) 138 A Crim R 88 - Reasonable prospects of rehabilitation - Sentenced to 8 years and 6 months' imprisonment with non-parole period of 5 years - Sentencing Act 1991 (Vic).

CRIMINAL LAW - Sentence - Intentionally causing serious injury and common law assault - Verbal and physical altercation with wife at house party - Male house party guest called to assist stabbed soon after - Verbal and physical altercation with male victim prior to stabbing - Multiple stable wounds to torso, male victim would have died without urgent medical care - Early plea of guilt accepted for assault charge against wife - Offer to plead guilty to lesser charge not accepted with relation to stabbing - Male victim posed no threat to accused at time of offending - Lack of remorse for stabbing - Total effective sentence of 9 years and one month - R v Verdins (2007) 16 VR 269 - Sentencing Act 1991 (Vic) - Crimes Act 1958 (Vic) - Pihlgren v R [2024] VSCA 47.

CONTEMPT OF COURT - Civil Contempt - Enforcement of Judgment - Judgment Debtor orally examined - Failure to produce documents despite multiple orders requiring production - Failure to produce bank statements and other documents - Whether failures amount to contempt of court - Multiple contempts committed.

JOINT VENTURE DISPUTE - Whether document styled "Farming Agreement" creating obligations between joint venturers - Whether signatures of plaintiff joint venturers forged - Disputes as to return of plaintiffs' plant and equipment used during joint venture at conclusion of joint venture - Whether defendant joint venturer misused plaintiffs' plant and equipment and is therefore liable for replacement - Whether defendant joint venturer liable after conclusion of joint venture for repairs and replacement of plaintiffs' plant and equipment used during joint venture - Liability of defendant joint venturer to pay rent for out paddocks used during dairy farm joint venture - Whether defendant joint venturer liable to ensure that plaintiffs' farm property "no worse off" in condition at conclusion of joint venture than at commencement - Competing claims in detinue for derelict car wrecks and other automotive equipment - Counterclaim for damage allegedly suffered by reason of exclusion of defendant joint venturer from harvest of silage on plaintiffs' out paddock - Counterclaim as to proper allocation of milk cheque at conclusion of joint venture - Defendants' counterclaim for return of certain items of plant and equipment - Whether certain items of plant are fixtures or chattels.

EMPLOYMENT LAW - Penalty hearing - Contraventions of s 50 of the Fair Work Act 2009 - Breaches of Victorian TAFE Teaching Staff Agreement 2018 - Claim for declaratory relief - Quantum of pecuniary penalty orders.

BUILDING CONTRACTS - Building and Construction Industry Security of Payments regime - Building and Construction Industry Security of Payments Act 2002 - Requirement to clearly identify the construction work in a payment claim - s 14(2)(c) requirement to clearly identify the claimed amount in a payment claim - s 14(2)(d) - Inclusion of excluded amounts - s 14(3)(b) and s 16(4)(a)(ii).

WORKERS' COMPENSATION - Rejected claim - Plaintiff driven to work by a co-worker - Co-worker parked in Yarra Park carpark in surrounds of MCG - Plaintiff was injured when he fell on way to sign on as a security guard at MCG - Whether injury arose out of or in the course of employment - Whether injury deemed to arise out of or in the course of employment - Preliminary ruling - Workplace Injury Rehabilitation and Compensation Act 2013 - Section 39(1) - Section 46(1)(b).

INDUSTRIAL LAW - Fair Work Act 2009 (Cth) ss 50, 546, 557 - Pecuniary penalty orders - Course of conduct - Contravention of the same clause of successive enterprise agreements - Deliberate conduct and awareness of risk - Genuine and reasonable error of construction - Contrition and corrective action.

INDUSTRIAL LAW - Fair Work Act 2009 (Cth) ss 44, 62(1), 323(1), 546, 547, 548, 557, 557A - Judiciary Act 1903 (Cth) s 79(1) - Pecuniary penalty orders - Course of conduct - Whether a proceeding commenced as a small claim can be amended to a non-small claim proceeding - Application of State laws as to amendment of pleadings when exercising federal jurisdiction - Factors relevant to determining appropriate penalty - Relevance of prior contraventions of senior manager - Contrition, cooperation and corrective action - Conduct of defendant during proceeding.

INDUSTRIAL LAW - Fair Work Act 2009 (Cth) s 50 - Alleged contravention of enterprise agreement - Dispute as to Plaintiff's classification level under enterprise agreement - Principles of construction of enterprise agreements - Principles for determining applicable classification.

INDUSTRIAL LAW - Fair Work Act 2009 (Cth) ss 41, 62, 104, 107, 323(1), 535, 536, 557C - Fair Work Regulations 2009 (Cth) rr 3.33, 3.34, 3.37, 3.46 - Contravention of s 323(1) - Presumption where records not provided - Maximum weekly hours - Where additional hours are unreasonable.

CONTRACT - Contract of employment - Rights accrued prior to termination of contract - Terms which survive termination of contract - Repudiation of contract - Effect of termination following repudiation on accrued rights or survival of terms.

INTEREST - Motor vehicle property damage claim - Cost of repairs, towing and storage - Replacement hire car charges - 'Good cause' - 'Compensation in respect of liabilities incurred which do not carry interest as against the person claiming interest' - Supreme Court Act 1986, ss 60(1), 60(3)(a).