Recent Cases

August 13, 2017
Published in Recent Cases

PRACTICE AND PROCEDURE — Stay of civil proceedings pending determination of criminal proceedings — Two proceedings are brought by children of the deceased under Part IV of the Administration and Probate Act 1958 — One child accusing the other of sexual assault (incest) — Criminal prosecution commenced against the alleged assailant ..

August 13, 2017
Published in Recent Cases

CRIMINAL LAW – Offences – Breaches of load dimensional requirements by consignor and loader..

August 13, 2017
Published in Recent Cases

APPEAL AND NEW TRIAL – leave to argue ground of appeal not raised before primary judge – permission to raise argument not advanced at trial – when may new argument be advanced on appeal – expedient in interests of justice to allow new argument – failure to raise argument at trial

INDUSTRIAL LAW – right to deduct payments made from award entitlements – set-off of payments – off-set of award entitlements against payments made – method of calculation of underpayment of award entitlements – payments made taken into account as deduction against award entitlements – sham contracting

PRACTICE AND PROCEDURE – refusal of adjournment – discretionary judgment with regard to adjournment

August 13, 2017
Published in Recent Cases

TESTATOR’S FAMILY MAINTENANCE – Application by adult able-bodied son – Jurisdictional requirements of Part IV of Administration and Probate Act 1958 (Vic), s 91 – Whether testator had responsibility to provide for claimant’s proper maintenance and support – Failure to make adequate provision.

 

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