Faris QC: VSC 2007 - 2008

Deputy Commissioner of Taxation v Guastalegname [2007] VSC 81 (27 March 2007)

TAXATION – Appeal from Magistrates’ Court - Penalty under s 222AOC of the Income Tax Assessment Act 1936 (Cth) –Whether compliance with obligation to “give” a notice under s 222AOE of the Income Tax Assessment Act 1936 (Cth) - Whether open to Magistrate to find that company name was an essential element of an address provided as a “preferred address for service” under reg 36 and reg 40 of the Income Tax Regulations 1936.

Patros & Anor v Patros & Ors [2007] VSC 83 (26 March 2007)

TRUST AND TRUSTEES - Intestate estate – Application for approval of sale of trust property to trustee of intestate estate - Applicant the widow of the deceased and the mother of his children – Application in respect of family home – Expiration of time for election by widow to purchase under s 37A of the Administration and Probate Act 1958 - Infant beneficiaries unable to give valid consent to sale of property - Exceptions to the rule of equity that a trustee may not purchase trust property – Extent of Court’s inherent jurisdiction and statutory powers in such matters – Legal representatives of infant beneficiaries urging approval of purchase – Whether market needs to be fully tested before Court can give approval for purchase by trustee - Court not restricted to consideration of financial interests of the estate itself – Court satisfied that valuation was proper and that proposed sale would be for benefit of infant beneficiaries - Trustee Act 1958 ss 63, 63A - Administration and Probate Act 1958 ss 37A, 51, 52(f) - Supreme Court (General Civil Procedure) Rules 2005 r 54.02.

Re Ansell [2007] VSC 82 (14 February 2007)

CRIMINAL LAW – Application for bail – ‘Show cause’ situation – Alleged offences constitute breach of intervention order - Application for bail refused.

Herald & Weekly Times Pty Ltd v DPP & Ors [2007] VSC 71 (23 March 2007)

COURTS – County Court order suppressing identification of accused – Accused police informer - Whether order necessary to prevent danger to accused – Whether necessary to ensure administration of justice not prejudiced – Whether jurisdictional error or error of law on the face of the record - County Court Act 1958 (Vic) s.80(1)(c), s.80AA(b)(c).

Kaye J

PRACTICE & PROCEDURE - Application for certiorari and mandamus under O. 56 - Alternative statutory right of appeal - Legal Practice Act 1996, s170 - Jurisdictional error - Abuse of process
Perkins, David Anthony v Victoria Bar Inc & The Legal Profession Tribunal
Smith J
21/03/2007
[2007] VSC 70

PROPERTY LAW - Easement of carriageway - Torrens title land - Whether abandoned by defendant or his predecessors in title - Whether any abandonment by predecessor in title affects defendant’s registered interest in easement - Transfer of Land Act 1958, s41, s42, s43, s72, s73
Bookville P/L (ACN 058 191 727) v O’Loghlen, Ross Brendan
Kaye J
20/03/2007
[2007] VSC 67

CRIMINAL LAW - Committal proceeding - Threatened breach of natural justice - Defendant unrepresented - Prison arrangements hampering preparation - Whether Supreme Court has jurisdiction to make orders in the nature of prohibition
ADMINISTRATIVE LAW - Judicial review - Natural justice - Committal hearing - Defendant contends that hearing will be unfair - Defendant unrepresented - Prison arrangements hampering preparation - Whether Supreme Court has jurisdiction to make orders in the nature of prohibition
Rich, Hugo Alistair v Magistrates’ Court of Victoria & Anor
Maxwell P
09/03/2007
[2007] VSC 65

JUDICIAL REVIEW - Investigation by Legal Services Commissioner of a complaint made against a solicitor under Legal Profession Act 2004 - Whether complaint was “made to the Commission” under s4.2.5 - Whether delegation of function by Commission valid - Whether decision to treat complaint as a disciplinary complaint was an error of law - Whether notice of complaint adequate under s4.2.8 - Whether decision of Commissioner reviewable
Byrne, Stephen Peter v Marles, Victoria & Law Institute of Victoria Ltd
Kaye J
20/03/2007
[2007] VSC 63

PRACTICE & PROCEDURE - Application for an extension of time to commence proceedings - Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 applicable in Tasmania - Hill v Iluka Corporation Ltd [2002] TASSC 113 applied - Applicant ignorant of existence of respondent - Significant delay by applicant - Extension of time granted
CONFLICT OF LAWS - Tasmanian law applicable - Choice of Law (Limitation Periods) Act 1993, s5
Hill, Shane v Beau’s Promotions P/L & Thomas Paul Security Services P/L
Warren CJ
27/02/2007
[2007] VSC 61

CRIMINAL DIVISION
CRIMINAL LAW - Sentence - Armed robbery - Informant’s discount - Sentencing of co-offenders, parity, sentencing submissions of the DPP
R v Dickson, Mark Ewan & Ryan, Leonard Frank
King J
09/03/2007
[2007] VSC 59

BANKRUPTCY - Bankruptcy Act 1966 (Cth), s58(3), s134, s178 - Whether bankrupt defendant has locus standi where trustee in bankruptcy declines to defend but does not object to bankrupt appearing - Court’s discretion to allow audience to promote administration of justice
CORPORATIONS - Corporations Act 2001 (Cth), s180, s181, s182 - Breach of director’s statutory and equitable duties to plaintiff company - Breach of fiduciary duty - Misleading and deceptive conduct - Fair Trading Act 1999, s9, s145, s159 - Whether defendant company controlled by director liable under the rule of Barnes v Addy or as accessory to statutory contravention - Whether defendant company received trust property pursuant to first limb of rule in Barnes v Addy - Whether knowledge of director imputed to company - Accessorial liability - Whether dishonest assistance of fiduciary breaches - Whether company advanced or facilitated director’s breaches of duty or was knowingly involved in statutory contravention
Re-Engine P/L (in liq) (ACN 006 773 986) & Brown, Adrian & Georges, George v Fergusson, Michael Allan; Fergusson, Margaret Marie & Della Court P/L
Dodds-Streeton J
09/03/2007
[2007] VSC 57

CRIMINAL LAW - Sentence - Plea of guilty to manslaughter - Prior convictions
Director of Public Prosecutions [DPP] v Rhodes, Dallas
Curtain J
08/03/2007
[2007] VSC 55

CONTEMPT OR COURT - Breaches of mareva injunctions - Penalties for contempt - Fines imposed - Whether court has power, under r75.11(3), to order committal of a respondent until payment of fines, notwithstanding non-compliance with r66.10
Kim Man Chan; Kwok Wai Chan; East World International (Australia) P/L (ACN 094 780 775) & East World International Ltd v Chen, David Weiping; Chen, Renmin Lu & Chen, Lujia (No. 3)
Kaye J
08/03/2007
[2007] VSC 52

PRACTICE & PROCEDURE - Preliminary question - Film investment scheme - Application by plaintiffs for inspection of documents held by the defendant - Whether defendant acting as trustee or agent - Whether any equitable basis for access to documents - General Rules of Procedure in Civil Proceedings 1996, r54.02
Loughran, Reginald & Ors v Perpetual Trustees WA Ltd (ACN 008 666 886) (Trustee of the Second Multiple Prospectus Deed Trust)
Harper J
05/03/2007
[2007] VSC 50

ACCIDENT COMPENSATION - Transport accident - Impairment evaluation - American Medical Association Guides - Assessment of lower extremity impairment - Construction of Guides
Transport Accident Commission [TAC] v Elworthy, Darrel
Kaye J
07/03/2007
[2007] VSC 48