Recent Cases Reported(26 results)
The following cases have been recently reported in the Victorian Reports (within the last 6 months):Tsiragakis v Mallet
Negligence — Duty of care — Psychiatric injury — Attempted suicide by employee — Co-worker Witnessed aftermath of attempted suicide — Employee who had attempted suicide no longer at scene of incident — Whether employee attempting suicide owed duty of care to co-worker to take reasonable care to avoid co-worker sustaining psychiatric injury from witnessing the aftermath of the attempt — County Court Civil Procedure Rules 2018 (Vic), r 47.04(2025) 77 VR 324NEGLIGENCE
Re estate of Moore
Wills and codicils — Rectification — Testator gave oral instructions to solicitor charged with preparing will — Oral instructions reflected testator’s anterior mistake — Whether will carried out intentions of testator — Whether will failed to give effect to testator’s instructions — Whether clerical error — Wills Act 1997 (Vic), s 31(1) Words and phrases — ‘clerical error’(2025) 77 VR 311WILLS AND CODICILS
Footscray Football Club Ltd v Kneale
Torts — Negligence — Duty of care — Scope — Football club — Volunteer — Child spectators regularly attending club — Sexual abuse of child by club volunteer — Whether football club owed duty of care to child spectator broader than occupier’s liability — Whether errors in charge to civil jury — Whether duty of care could extend to a risk of sexual abuse by a person for whose actions the football club was not vicariously liable Damages — Torts — Negligence — Psychiatric injury caused by historical sexual abuse — Jury award — General damages for pain and suffering — Whether award manifestly excessive — Damages for past loss of earnings and loss of earning capacity — Whether award had evidentiary basis — Manner in which damages for loss of earning capacity should be assessed — Indexation of past loss permitted — Discount rate for the calculation of future economic loss — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 47.02 — Supreme Court Act 1986 (Vic), s 14(1), 60, 60(2)(a) — Civil Procedure Act 2010 (Vic), ss 7, 8, 9 — Wrongs Act 1958 (Vic), pt VB, pt VBA, 28C(2)(a), 28LC Evidence — Admission of statement of deceased witness — Danger of unfair prejudice — Evidence Act 2008 (Vic), ss 63, 135 Counsel — Comments by counsel during closing address to jury(2024) 77 VR 168TORTS
Cappelleri v Cappelleri
Limitation of actions — Declaratory relief — Declarations sought as to shareholdings in private company more than six years after allegedly false notifications made to Australian Securities and Investments Commission — Whether claims ‘founded on tort’ — Whether facts alleged comprised tort of injurious falsehood or cause of action based on wrongful conduct — Limitation of Actions Act 1958 (Vic), ss 5(1)(a), (2), (8), 21 — Supreme Court Act 1986 (Vic), s 36 — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 23.05 Equity — Enforceability of gift — Transfer of shares for no consideration — Whether donor completed all actions required to effect transfer Estoppel — Promissory estoppel — Estoppel by acquiescence or inaction — Transfer of shares — Challenge to validity by non-party to transfer — Whether estopped from challenging validity of transfer Practice and procedure — Appeal — Leave to withdraw concession on appeal — Whether in interests of justice to re-open issue Words and phrases — ‘action’ — ‘cause of action’ — ‘declarations of right’(2024) 77 VR 126LIMITATION OF ACTIONS
Re Ramos
Adminisitration and probate — Revocation of probate — Fraudulent impersonation of executors — Application to revoke grant — Power to revoke a grant obtained by fraud — Adminstration and Probate Act 1958 (Vic), s 67(2025) 77 VR 122ADMINISITRATION AND PROBATE
Lew v Blacher
Local Government — Councillors — Role — Allegation of misconduct by Councillor — Internal arbitration — Finding of misconduct arising from comments made on social media by Councillor using personal account in relation to a matter for decision by Council — Whether conduct occurred ‘in performing the role of a Councillor’ — Local Government Act 2020 (Vic), s 28 — Local Government (Governance and Integrity) Regulations 2020 (Vic), sch 1 cl 1 Words and phrases — ‘decision making’(2024) 77 VR 105LOCAL GOVERNMENT
Coonwarra Pty Ltd v CornoNero Pty Ltd
Equity — Breach of fiduciary duty — Remedies — Equitable compensation — Causation — Procurement of breach — Fiduciary and procurers caused money to be borrowed and disbursed in breach of duty — Measure of loss — Connection between breach and loss — Whether loss would have been incurred had breach not been procured — Liability to compensate — Whether procurers and fiduciary jointly and severally liable to compensate Practice and procedure — Security for costs — Funds paid into court — Discretion as to disposition — Plaintiff provided security for costs of third defendant — Fifth defendant and plaintiff sought release of funds — Fifth defendant successful in defending claims and entitled to costs — No realistic prospect of fifth defendant recovering costs from plaintiff — Relevance of purpose for which funds paid into court and interests of payer and payee — Particular defendant’s interests not an object of the payment into court — Whether funds to be released to plaintiff or to particular defendant(2024) 77 VR 72EQUITY
El-Helou v Mercedes-Benz Australia/Pacific Pty Ltd
Practice and procedure — Group proceeding — Application for leave to amend group definition — Application to strike out pleadings — Adequacy of group definition — Group member defined as person who acquired motor vehicle containing ‘defeat device’ — Existence of ‘defeat device’ a fact in issue — Definition of ‘defeat device’ technical — Whether definition permitted ascertainment of group members — Whether amendment unfair or unreasonable — Whether adverse to interests of group members — Supreme Court Act 1986 (Vic), s 33H(2025) 77 VR 51PRACTICE AND PROCEDURE
Secretary v Hage (No 2)
Courts and judges — Parens patriae jurisdiction — Infants and juveniles — Care and protection — Pregnant teenage child — Intellectual disability — Sole parental responsibility of Secretary to the Department of Families, Fairness and Housing — Intersection of statutory powers with parens patriae jurisdiction — Whether parens patriae jurisdiction extends to authorising accommodation in secure welfare service beyond statutory time limit — Statutory power to authorise medical treatment without child’s consent — Whether in best interests of child to be subject to restraint to facilitate child birth and post-delivery insertion of reversible contraception — Children, Youth and Families Act 2005 (Vic), ss 8(2), 10, 11, 172, 173, 174, 175, 597 Guardianship — Child — Intellectual disability — Care by Secretary order — Statutory detention authority — Sufficiency — Time limitation — Extension — Best interests of child — Children, Youth and Families Act 2005 (Vic), ss 172, 173, 174 Human rights — Freedom of movement — Limitation — Least restrictive means — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 7(2), 12(2025) 77 VR 1COURTS AND JUDGES
DPP (Cth) v Falco (a pseudonym)
Criminal law — Interlocutory appeal — Trafficking in persons — Statutory interpretation — Respondent charged with organising or facilitating exit of another person from Australia by deception — Elements of offence — Whether prosecution required to prove accused’s use of deception involved a risk of exploitation of the person deceived — Criminal Code (Cth), div 271, s 271.2(1A)(2024) 76 VR 630CRIMINAL LAW
Gleeson v Apple Inc & Anor
Practice and procedure — Group proceeding — Application by plaintiff for leave to discontinue group proceeding — Whether discontinuance should be approved — Whether discontinuance unfair, unreasonable or adverse to group members — Supreme Court Act 1986 (Vic), s 33V Limitation of actions — Discontinuance of group proceeding — Whether discontinuance ended suspension of limitation periods — Whether discontinuance a ‘determination’ of proceeding — Whether order for recommencement of limitation periods necessary — Whether notice to group members of application for discontinuance required — Supreme Court Act 1986 (Vic), ss 33X, 33ZE, 33ZF Words and phrases — ‘determined’(2025) 76 VR 622PRACTICE AND PROCEDURE
Brooks (a pseudonym) v The King
Criminal law — Appeal — Conviction — Practice and Procedure — Jury empanelment — Judge excused jury panel member after commencement of procedure for selecting juror — Whether statutory power to excuse jury panel member — Whether common law power to excuse jury panel member — Juries Act 2000 (Vic), ss 12, 32, 36(2024) 76 VR 605CRIMINAL LAW
Re Blockchain Tech Pty Ltd
Personal property — Cryptocurrency — Whether interest in cryptocurrency is ‘property’ — Bailment — Whether bailment in respect of interest in cryptocurrency — Whether capable of bailment(2024) 76 VR 578PERSONAL PROPERTY
Charlton v The King
Criminal law — Appeal — Conviction — Jury directions — Standard of proof — Whether prosecutor reversed onus of proof — Whether direction that ‘unrealistic possibility’ was not reasonable doubt diminished the criminal standard of proof — Jury Directions Act 2015 (Vic), ss 63, 64(2025) 76 VR 567CRIMINAL LAW
Clifford v Missionaries of the Sacred Heart (Ruling)
Evidence — Tendency — Negative tendency — Tendency evidence proposed to be led by defendant — Whether negative tendency amounted to tendency evidence within the meaning of s 97 Evidence Act 2008 — Whether evidence possessed significant probative value — Evidence Act 2008 (Vic), s 97(2024) 76 VR 526EVIDENCE
Davis v Comensoli
Evidence — Expert evidence — Law — Plaintiffs sought to adduce expert evidence of domestic law and public international law — Evidence Act 2008 (Vic), s 192A — Civil Procedure Act 2010 (Vic), ss 47, 49, 65F, 65G, 65H(2024) 76 VR 556EVIDENCE
Tziotzis v Nine Digital Pty Ltd (No 5)
Practice and procedure — Defamation — Spent criminal convictions — Subpoena to Victoria Police — Application to set aside subpoena — Defence pleading prior convictions of plaintiff — Application to strike out part of defence — Whether reliance on spent conviction in pleaded defence contravened statute — Whether reliance on spent conviction in pleaded defence abuse of process — Spent Convictions Act 2021 (Vic), ss 20, 21(2025) 76 VR 536PRACTICE AND PROCEDURE
Citywide Service Solutions Pty Ltd v Rosata
Tort — Threshold for claim for non-economic loss — Significant injury — Determination of significant injury by medical panel in cases involving more than one defendant — Whether medical panel determination made after referral by one defendant binds other defendants not parties to the referral — Whether Wrongs Act 1958 (Vic) pt VBA permits multiple medical panel determinations in cases involving more than one defendant — Whether pt VBA permits issue of significant injury to be determined differently in respect of different defendants against whom same claim is made — Wrongs Act 1958 (Vic), pt VBA(2023) 76 VR 499TORT
Brissenden v Victorian Institute of Teaching
Professions — Teachers — Disciplinary proceedings — Suspension — Whether ‘preliminary assessment’ statutory precondition to interim suspension of teacher — Whether teacher denied procedural fairness in respect of preliminary assessment and suspensions – Whether disciplinary body could form reasonable belief that teacher continued to pose an unacceptable risk of harm to children and that suspension necessary to protect children — Education and Training Reform Act 2006 (Vic), pt 2.6, div 8A, ss 2.6.28, 2.6.28A, 2.6.28D, 2.6.28E, 2.6.28F and 2.6.28G, div 10, ss 2.6.30 and 2.6.30A, div 10A, ss 2.6.31 and 2.6.32 and divs 12–14(2024) 76 VR 446PROFESSIONS
Re Wallace Building Systems P/L
Companies — Winding up — Insolvency — Statutory demand — Application to set aside demand — Company entered agreement for payment of unpaid amounts — Terms in agreement permitting service of statutory demand on company upon default — Covenant not to apply to set aside demand — Whether possible to waive right to apply to set aside statutory demand — Whether exclusion by contract effective — Corporations Act 2001 (Cth), s 459G Companies — Winding up — Insolvency — Statutory demand — Application to set aside demand — Whether genuine dispute about existence or amount of debt — Company sought declaration that amount not owing — Whether offsetting claim — Purported contractual exclusion of right to apply to set aside demand — Relevance of exclusion to assessment of genuineness of dispute or offsetting claim — Corporations Act 2001 (Cth), ss 459G, 459H(2024) 76 VR 422COMPANIES
Re EM McPherson Settlement
Trust and trustees — Variation of trust — Arrangement — Application for approval of proposed arrangement to vary terms of family trust — Extension of vesting date — Substitution of statutory perpetuity period for common law perpetuity period — Enlargement of class of beneficiaries — Variations to avoid adverse taxation outcomes — Whether variations would constitute trust resettlement — Whether variation to trust deed to introduce general power of amendment for trustee allowed — Whether proposed arrangement for benefit of relevant beneficiaries — Whether proposed arrangement fair and proper — Trustee Act 1958 (Vic), ss 63, 63A — Perpetuities and Accumulations Act 1968 (Vic), s 5(2024) 76 VR 360TRUST AND TRUSTEES
Moira Shire Council v JLT Risk Solutions
Practice and procedure — Group proceeding — Discontinuance — Application for leave to discontinue group proceeding — Whether discontinuance should be approved — Whether discontinuance unfair, unreasonable or adverse to group members — Whether notice to group members of application for discontinuance required — Supreme Court Act 1986 (Vic), ss 33V, 33X, 33Y Limitation of actions — Group proceeding — Discontinuance — Whether discontinuance ended suspension of limitation periods — Whether discontinuance a ‘determination’ of proceeding — Whether order for recommencement of limitation periods necessary — Supreme Court Act 1986 (Vic), ss 33ZE, 33ZF Words and phrases — ‘determined’(2024) 76 VR 340PRACTICE AND PROCEDURE
Fuller v Fletcher Building Limited
Courts and judges — Bias — Apprehended bias — Application for disqualification — Disqualification by association — Disqualification by conduct — Disqualification by extraneous information — First instance hearing — Whether evidence admissible Practice and procedure — Subpoena — Production of documents – Objections to subpoenae — Documents sought ‘for evidence’ in aid of application for disqualification of judge for apprehended bias — Whether legitimate forensic purpose — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 42A.01 — Civil Procedure Act 2010 (Vic), ss 9, 19, 23, 24(2024) 76 VR 276COURTS AND JUDGES
Brotherhood of St L v Sarina Investmts Pty Ltd
Landlord and tenant — Lease of commercial premises — Landlord’s covenant to ‘maintain building in structurally sound condition’ — Scope of covenant — Whether landlord obliged to investigate concerns regarding structural soundness of premises – Whether duty to maintain only enlivened following disrepair Contract — Repudiation — Breach by landlord of covenant in lease to ‘maintain building in a structurally sound condition’ — Whether serious breach of an intermediate term — Termination for repudiation — Whether continued payment of rent affected tenant’s right to terminate Restitution — Total failure of consideration — Lease of commercial premises — Landlord’s covenant to ensure tenant’s quiet enjoyment of premises — Claim by tenant for restitution of rent paid during period of non-occupation of premises following alleged breach of covenant — Whether breach capable of giving rise to claim for restitution(2024) 76 VR 247LANDLORD AND TENANT
Director of Public Prosecutions v Osman (a pseudonym)
Criminal law — Interlocutory appeal — Evidence — Disclosure of location information — Whether authorised by law — Whether evidence improperly or illegally obtained — Telecommunications (Interception and Access) Act 1979 (Cth), s 180 — Telecommunications Act 1997 (Cth), s 276 Words and phrases — ‘in connection with its business’(2024) 76 VR 232CRIMINAL LAW
McIntyre v Van Der Sluys
Limitation of actions — Extension to statutory limitation period for action — Power to extend limitation period where fresh proceeding brought in Magistrates’ Court in place of VCAT for proceeding involving federal matter for which VCAT had no jurisdiction — Extension refused — Whether error of law — Whether late making of application attributable to steps required to be taken to have matter determined by Magistrates’ Court in place of VCAT — Whether fair and reasonable to grant extension application — Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 57B, 57D Administrative law — Victorian Civil and Adminsitrative Tribunal — Matter in federal jurisdiction transferrable to Magistrates’ Court — Power to extend limitation period where fresh proceeding brought in Magistrates’ Court(2024) 76 VR 189LIMITATION OF ACTIONS