Cases and authorities

Damages – Assessment – Tort – Personal injury – Where appellant suffered personal injuries arising from his treatment as patient at hospital operated by respondent – Where prior to injury appellant lived in his own home with his brother where his son and dogs could stay – Where after injury appellant transferred to nursing home – Where appellant's physical condition deteriorated because of lack of therapy and exercise – Whether reasonable for damages awarded to appellant to include component for medical and nursing care and treatment in own home – Whether assessment of reasonableness confined to balancing only health benefits against cost. Words and phrases – "assessment of damages", "assessment of reasonableness", "care at home", "compensation", "compensatory principle", "cost of home care", "cost of nursing and medical care", "costs of future care", "extreme brain injury", "general damages", "health benefits", "home care", "home or in a home setting", "injury scale", "institution or in an institutional setting", "institutional care", "matters of amenities", "mitigation of loss", "nursing and medical expenses", "onus", "other matters", "pain, suffering and loss of amenities of life", "proof of loss", "quantum", "reasonable", "reasonableness", "reasonably incurred", "repair the consequences of the tort", "unreasonably refused". Civil Liability Act 2003 (Qld), ss 61, 62. Civil Liability Regulation 2014 (Qld), Sch 3, Pt 2, Sch 4.

Immigration – Visas – Ministerial directions under s 499(1) of Migration Act 1958 (Cth) – Where delegate of Minister refused to grant appellant partner visa on character grounds – Where ministerial direction in force at time of refusal was Direction 65 – Where Direction 65 subsequently revoked – Where appellant applied to then Administrative Appeals Tribunal ("Tribunal") for review of delegate's decision – Where Direction 90 in force at time of Tribunal's decision – Where Tribunal applied Direction 90 and not Direction 65 – Whether Tribunal was required to comply with direction in force at time of its decision – Whether appellant had accrued right to have Tribunal determine his review in accordance with direction in force at time of delegate's decision. Words and phrases – "accrued right", "affected Act", "character grounds", "family violence", "laws governing the exercise of powers and discretions", "legislative instrument", "merits review", "ministerial direction", "repeal or amendment", "time of the decision under review", "time of the exercise of the relevant function or power". Acts Interpretation Act 1901 (Cth), ss 7(2), 46(1)(a). Administrative Appeals Tribunal Act 1975 (Cth), ss 25, 43(1). Legislation Act 2003 (Cth), s 13(1)(a). Migration Act 1958 (Cth), ss 496, 499, 500(1), 501(1).

CIVIL PROCEDURE – Time – Extension of time – Where party to proceedings has failed to comply with an order of the Court that submissions be served before a specified date – Formal application for extension of time – Application opposed by other party to proceedings – Where an extension of time causes no prejudice to the opposing party in circumstances where the timeline of the proceedings is appropriately extended CIVIL PROCEDURE – Case management – Application for order prescribing sound recording at a future listed hearing date – Dictates of justice – Section 58 of the Civil Procedure Act 2005 (NSW) – Allegation of earlier unauthorised transcript amendment – Where it is inappropriate for the Court to make an administrative order of the kind sought by the plaintiff – Application denied

CONTRACTS – Construction and interpretation – where wholly written contract – dispute as to identity of a party – whether regard may be had to post-contractual conduct to identify party to contract CORPORATIONS – Directors and officers – Directors’ duties – whether directors have breached duties – no question of principle CORPORATIONS – Directors and officers – whether director should be relieved of liability under ss 1317S or 1318 of the Corporations Act 2001 (Cth) – no question of principle CORPORATIONS – Winding up – Voidable transactions – where plaintiff contends payments to second defendant and related parties from company were unfair preferences or unreasonable director-related transactions or otherwise voidable – whether related parties were creditors – no question of principle EQUITY – Equitable charges and liens – Contribution to acquisition or improvement of another’s property – whether to impose an equitable charge – no question of principle

COSTS – no question of principle.

CIVIL PROCEDURE — Transfer of proceedings to higher court — Whether amount to be awarded to plaintiff if successful is likely to exceed jurisdictional limit of the District Court

Aboriginal and Torres Strait Islander peoples – Land rights – Claimable Crown lands – Where land claimed under s 36(2) of Aboriginal Land Rights Act 1983 (NSW) ("Act") subject to lease granted by Crown – Where lessee had not undertaken purposeful activity on land – Where "claimable Crown lands" in s 36(1) of Act means lands vested in Crown that are "not lawfully used" – Whether land "lawfully used" for purpose of s 36(1)(b) of Act merely because land subject to existing lease from Crown. Words and phrases – "actual use", "claimable Crown lands", "constructive use", "Crown lands", "doctrine of concurrent leases", "estate or interest in land", "exploitation of rights to land", "land", "land claim", "land vested", "lands", "lands vested", "lawfully used or occupied", "lease", "occupation", "occupied", "physical area", "possession", "purposeful interaction", "remedial or beneficial legislation", "reversionary interest", "rights to land", "rights to the physical area", "used", "vested". Aboriginal Land Rights Act 1983 (NSW), Pt 2, ss 4(1), 36, Sch 4, cl 8. Conveyancing Act 1919 (NSW), ss 7(1), 117, 118, 119. Crown Land Management Act 2016 (NSW), ss 1.5(1), 1.7(a), 1.10, 1.12, 3.3, 3.13(1). Crown Lands Act 1989 (NSW), ss 3(1), 80(1), 87(1), Sch 7. Crown Lands Consolidation Act 1913 (NSW), s 5(1). Interpretation Act 1987 (NSW), ss 3(3), 5, 6, 8(c), 13, 68(3), Sch 4. Native Title Act 1993 (Cth), ss 10, 184, 186(1)(e), 223(1), 225, 253. Real Property Act 1900 (NSW), ss 3(1)(a), 13(2), 13D, 13J, 40(3), 42(1), 46

CRIMINAL PROCEEDINGS – trial – jury – discharge of three jurors – jury of 15 – eight week trial – discharge of whole jury where prospect of concluding trial with jury of 12 is at risk – both the Crown Prosecutor and counsel for the accused requested whole jury discharge – only one day of trial so far – jury panel available tomorrow

CIVIL PROCEDURE – tuna and swordfish fishing – argument about the most suitable bait whilst fishing offshore – melee subsequently erupts at Ulladulla Harbour – plaintiff allegedly sustains physical and psychological injuries during and after the fracas – where the plaintiff seeks leave to rely upon the second further amended statement of claim – where the plaintiff seeks orders to rely upon and admit into evidence various evidentiary statements and other material – whether certain expert medical evidence was “reasonably available” to the plaintiff when the pre-filing statement was provided – whether the plaintiff would be “substantially prejudiced” were orders not made – leave granted

CONTRACTS — whether contract should be set aside in part under the Contracts Review Act 1980 (NSW) CORPORATIONS —winding up — statutory demand — where irreconcilable differences between company directors — whether company should be wound up on the just and equitable ground and receiver appointed to trust assets — where liquidator appointed over company also appointed as receiver of trust assets

PREROGATIVE RELIEF – habeas corpus – where plaintiff is serving a sentence of imprisonment for murder – conviction appeal dismissed – application to set aside or vary orders of Court of Criminal Appeal dismissed – whether the plaintiff’s detention is unlawful – where plaintiff does not contest the warrant committing him to prison – where orders of the Supreme Court as a superior court of record may be assumed valid unless set aside CIVIL PROCEDURE – jurisdiction – inherent jurisdiction – declaratory relief – whether declarations sought by plaintiff are a collateral attack on his trial and sentence – whether the relief sought is available in the proceedings as presently constituted – where relief is not amenable to decision in these proceedings

CIVIL PROCEDURE — application for extension of stay to prevent monies paid into court being paid to successful party in satisfaction of judgment debt — where unsuccessful parties absent themselves from substantive hearing — where application made to set aside judgment on the basis of absence of unsuccessful parties — where unsuccessful parties seek to rely on evidence which is irrelevant because it is outside extant pleadings — motion dismissed — Uniform Civil Procedure Rules 2005 (NSW), r 36.16

PRACTICE – indemnities – plaintiff entitled to indemnity from former director in respect of company’s tax liabilities – plaintiff disputed liability – ATO not presently seeking to enforce its claim – whether plaintiff entitled to enforce against former director on terms that money recovered be used to pay tax debt

CIVIL PROCEDURE — Originating process — notice of motion to set aside — sale of land by local council for non-payment of rates — proceedings for possession of land — proper service — final orders already made — notice of motion dismissed CIVIL PROCEDURE — Default judgment — setting aside — applicant actively chose not to participate in the proceedings — no bona fide defence on merits CONSTITUTIONAL LAW — Notice to Attorneys General — Judiciary Act 1903 (Cth) s 78B — whether cause involves a matter arising under the Constitution or concerning its interpretation — Pseudolaw

SUCCESSION — Executors and administrators — Proceedings against executors and administrators — beneficiary of a life estate represented by a tutor – beneficiary of the life estate brings a motion for the passing of estate accounts — the executor has since consented to orders for the passing of accounts — whether the proceedings were necessary – contest about costs.

EMPLOYMENT AND INDUSTRIAL LAW — Public sector – Crown and ministerial employees — respondent employed as staffer pursuant to the Members of Parliament (Staff) Act 2013 (NSW) — respondent’s services “dispensed with” — whether s 26(5) excludes application to Industrial Relations Commission for relief from victimisation under ss 210 and 213 of the Industrial Relations Act 1996 (NSW) — whether member of Parliament acts on behalf of the State to terminate staffer’s employment — whether member of Parliament is staffer’s “employer” for the purposes of the Industrial Relations Act

CRIME – appeals – appeal against sentence – sexual intercourse without consent – where the offending occurred in a domestic violence context and contrary to an ADVO – whether the sentencing judge erred in failing to take into account the applicant’s mental health – whether the sentence is manifestly excessive – appeal dismissed

INSOLVENCY – winding up – insolvent trading – where plaintiffs seek an order pursuant to s 588M of the Corporations Act 2001 (Cth) – where plaintiffs allege the second defendant was a de facto director of the company pursuant to s 9AC(1)(b) of the Corporations Act – where there was no dispute that the company was insolvent within the meaning of s 95A of the Corporations Act – finding that second defendant was a director of the company when the debts were incurred – where there were reasonable grounds for suspecting the company was insolvent – where second defendant failed to prevent the company incurring the debts – where a reasonable person in a like position in the company’s circumstances would be aware that there were grounds for suspecting the company was insolvent – where the persons to whom the debts were owed suffered loss or damage in relation to the debts because of the company’s insolvency – where not all debts were wholly or partly unsecured at the time the loss or damage was suffered – plaintiffs successful in establishing breach of s 588M – second defendant to pay the second plaintiff the amount of debt specified

CIVIL PROCEDURE — Approval of settlement of liability pursuant to s 76 of the Civil Procedure Act 2005 (NSW) — Settlement approved

ADMINISTRATIVE LAW – local government – judicial review – complaint about councillor – Local Government Act 1993 (NSW) – Council’s Code of Conduct and applicable administrative procedures – construction of Act, Code and procedures – whether conduct reviewer and investigator adhered to the Code and procedures – whether complaints co-ordinator acted contrary to the Code and procedures – whether complaints co-ordinator exceeded authority – whether general manager adhered to requirements of Act – whether reasons given in reviewers reports inadequate – whether conduct reviewer failed to give required consideration to submissions – judicial review ADMINISTRATIVE LAW – censure of councillor – construction of Local Government Act 1993 (NSW) – construction of Council's Code of Conduct – Council’s decision – reasonable apprehension of bias – procedural fairness – not provided with all relevant information – judicial review of censure ADMINISTRATIVE LAW – the Hardiman principle – whether Council breached Hardiman principle in acting as active contradictor in these proceedings

EQUITY — Trusts and trustees — Express trusts — Declaration of trust ESTOPPEL — Various types — No issue of principle LAND LAW — Torrens title — Exceptions to indefeasibility SUCCESSION — Construction — Gifts

CIVIL PROCEDURE – Default judgment – Default in entering appearance and filing Commercial List Response – Application of pt 16 of Uniform Civil Procedure Rules 2005 (NSW) by analogy to proceedings commenced by Summons and Commercial List Statement – Default judgment awarded – No issue of principle

CIVIL PROCEDURE – Parties – Persons under legal incapacity – Tutors – Application for appointment of tutor by plaintiff – Application for stay of proceedings in lieu of the pending appointment of a new tutor by defendant – Application made by a vexatious litigant for appointment as tutor – Where pleadings articulate allegations of misconduct and corruption against solicitors – Where applicant for position of tutor deliberately misled the court as to prior rulings which were adverse to him – Where documentation alleged to have been sent to parties by the previous tutor was likely deceptively sent by the prospective tutor – Where applicant for position of tutor was deceptive in his application – Where the appointment of a vexatious litigant as tutor would result in the court being unable to rely on his word in the absence of independent corroborative evidence – Where the pleading alleges similar claims of fraud, conspiracy, deception and criminality of the defendants as the claims in prior litigation which resulted in the determination of the applicant as a vexatious litigant – Where litigation is being conducted in a way which is inconsistent with the objective and reasonable conduct of proceedings for damages for professional negligence – Application for appointment of tutor refused – Order made for stay of proceedings until such time as a tutor is appointed or plaintiff is deemed no longer a person under a legal incapacity

CIVIL PROCEDURE – Parties – Persons under legal incapacity – Tutors – Removal of person previously appointed as a tutor

DISCOVERY – Manager, Costs Assessment – Dismissed STAY OF PROCEEDINGS – Costs Assessor – Dismissed COSTS – Plaintiff to pay defendant’s costs on an ordinary basis

CORPORATIONS — examinations — whether time for application to set aside examination summons should be extended in respect of one applicant — whether orders for examination should be set aside.

HIGH RISK OFFENDER – preliminary hearing – serious violence offender – application for Interim Supervision Order (ISO) – making of order contested by defendant – contentious conditions – whether there is a high degree of probability that the defendant poses an unacceptable risk of committing a further serious offence – orders for expert assessment and ISO imposed

EQUITY — Fiduciary duties — Mutual wills — Where parties signed a memorandum of wishes providing that surviving spouse would leave property to deceased’s children — Nature and scope of obligations arising from memorandum of wishes — Whether obligations give rise to a fiduciary duty — Whether surviving spouse breached obligations by granting a mortgage over property SUCCESSION — Construction — Gifts — Right to possession — Where deceased bequeathed artworks to his children but provided for his surviving spouse to enjoy right of possession during her lifetime — Whether surviving spouse held the artworks under licence from the deceased’s children — Whether usufructuary right granted to surviving spouse by deceased was akin to holder of life estate in realty EQUITY — Trusts and trustees — Breaches of trust — Discretionary family trust (‘Trust’) established by the deceased — Where Trust made distributions to the deceased’s spouse and farming business — Where original trust deed lost — Where recipients of distributions not named as beneficiaries in replacement trust deed —Whether the deceased was appointor of the Trust where replacement trust deed failed to include an appointer — Whether an unexecuted document purporting to vary the Trust was effective in adding the deceased’s spouse and farming business as beneficiaries — Whether parties bound by estoppel by convention as to a purported amendment EQUITY — Trusts and trustees — Breaches of trust — Court’s power to excuse — Whether trustee ought to be excused under Trustee Act 1925 (NSW) s 85 for honest and reasonable breaches of trust CORPORATIONS — Directors and officers — Whether de facto or shadow director EQUITY — Trusts and trustees — Court’s supervision of — Appointment and removal of trustees — Whether Court should make an order under s 70 of the Trustee Act 1925 (NSW)

CIVIL PROCEDURE — Cross-claims — Against plaintiff — Application for leave to file further cross-claim — No issue of principle CIVIL PROCEDURE — Hearings — Vacation of hearing date — Where matter originally listed for final hearing on an estimate of 10 days — Where, since listing of matter, further case management issues have been ventilated — Whether feasible to keep hearing within original estimate — Whether hearing should be vacated in the circumstances — No issue of principle

TAXES AND DUTIES — Dutiable transactions — Dutiable property — Agreement for sale or transfer — Where land owned by three tenants-in-common in equal shares under co-ownership agreement — Where parent company of plaintiff was one of the tenants in common — Where contract provided for plaintiff to purchase the land from all three tenants-in-common — Whether dutiable property was the fee simple or three one-third shares in the land — Whether transaction attracts corporate reconstruction exemption under Duties Act 1997 (NSW) — Whether transaction was a corporate reconstruction transaction under ss 273B(1)(a), 273C — Whether transaction was undertaken for the purpose of changing the holding of assets within a corporate group under s 273B(1)(b)

NEGLIGENCE – personal injury – where plaintiff worked at abattoir under a labour hire agreement –plaintiff injured when stillage slipped off a forklift – nature of duties employer and owner of the abattoir owed the plaintiff – whether duties breached – whether employer or owner of abattoir vicariously liable for negligence of forklift driver – whether plaintiff was contributorily negligent – whether plaintiff entitled to claimed damages

CORPORATIONS — managed investments — application for judicial advice by responsible entity under s 63 of the Trustee Act 1925 (NSW) — whether responsible entity would be justified in propounding resolutions to implement the proposed trust scheme — whether proposed amendments are within the constitutional powers of alteration and s 601GC of the Corporations Act 2001 (Cth)

Crime — Sentence — Murder — Theft and destruction of deceased’s vehicle by fire — Theft of power tools belonging to deceased — Entry of rural premises and multiple application of blunt force using implement or implements to head of deceased while he lay asleep — Vulnerability of victim — Where location of injuries, degree of force and evidence of admissions bespeaks intention to kill — Objective seriousness above mid-range — Where offender’s psychological profile warrants a reduction in moral culpability — Where prospects of rehabilitation are guarded — Finding of special circumstances by virtue of offender’s Type 1 Diabetes condition — Principle of totality in context of existing sentences of imprisonment

HIGH RISK OFFENDER – Final hearing – Application for continuing detention order – Alternative application for extended supervision order – Review of legal principles – Should an application for a CDO be considered ahead of an alternative application for an ESO – A two-stage process – Relevance of subs 17(4) factors to unacceptable risk test HIGH RISK OFFENDER – Subsection 17(4) factors – Criminal history – Sentencing remarks – Court appointed experts – Reports of other qualified psychiatrists, psychologists and medical practitioners – Statistical assessments – Risk management report – Treatment and rehabilitation programs – Level of compliance with obligations of parole and CPR – Options to reduce the likelihood of reoffending HIGH RISK OFFENDER – Application for continuing detention order – Determination of risk – No unacceptable risk of committing another serious offence if defendant is not kept in detention – Alternative application for extended supervision order – Unacceptable risk of committing another serious offence if defendant is not kept under supervision

ADMINISTRATIVE LAW — Hearing rule — Disclosure — Potential adverse decision — Parker warning

ADMINISTRATIVE LAW — Personal injury tribunal — Personal injury — Hearing Rule — Disclosure — Potential adverse findings — Adequacy of reasons

MORTGAGES AND SECURITIES – Mortgages – Registered mortgages – Attendant loan agreements – Where third tier lenders register mortgages against titles to commercial properties – Mortgagor disclaims having executed loan agreements – Mortgagor contends impersonators forged signatures on loan agreements voiding mortgages – Signatures on agreements unusual and uncharacteristic – Sums advanced allegedly for development of non-existent cryptocurrency – Cryptocurrency promoted by suspicious persons – Whether mortgagor’s director authorised loans and mortgages – Whether mortgages enforceable against mortgagor’s properties – Mortgages executed at behest and to knowledge of director of mortgagor – Mortgages enforceable – No issue of principle MORTGAGES AND SECURITIES – Mortgages – Equitable mortgages – Equitable mortgage of legal interest – Attendant loan agreement – Where private lender advanced money on solicitor’s assurance that repayment guaranteed by mortgage – Where purpose of loan in recital expressed to be renovation and development of mortgagor’s commercial shopping centre – Where purpose of loan also represented to be for bank fee for release of “sovereign funds” for cryptocurrency – Whether purported mortgagor executed loan agreement and agreed to grant mortgage – Whether solicitor alternatively liable to lender for breach of retainer or misleading or deceptive conduct – Purported equitable mortgage ineffectual – Claim against solicitor for breach of retainer upheld – Claim against solicitor for misleading or deceptive conduct upheld CIVIL PROCEDURE – Court administration – Overriding purpose – Just, quick and cheap resolution – Obligations on parties and legal practitioners to assist Court in furthering overriding purpose – Preparation and quality of court books –Parties fail to provide court books in accordance with Court orders – Parties provide assurance at subsequent directions hearing that breach has been rectified – Court books ultimately delivered overly voluminous, not presented in chronological order, and required further insertions prior to trial – Fraction of documents in court books relied on at trial – Whether such conduct consistent with parties and practitioners’ obligations to further overriding purpose – No issue of principle

RECEIVERS - remuneration - court appointed receiver - approval of remuneration

EQUITY — proprietary estoppel — common intention constructive trust — land in name of daughter — whether father and daughter proceeded on basis that he would be responsible for property expenses and would retain beneficial ownership — nature of father’s contribution to the purchase price — whether daughter entitled to indemnity for expenses paid by her

NEGLIGENCE — non-delegable duty of care — school — historical sex abuse — Deputy Principal — whether plaintiff was abused — whether plaintiff was abused by Deputy Principal — onus and standard of proof — abuse found to have occurred by an executive staff member at the school — Court not satisfied that Deputy Principal perpetrated the abuse on the balance of probabilities NEGLIGENCE — vicarious liability — employer and employee — unnecessary to deal with as State breached duty of care

PRACTICE — review of Registrar’s decision — appeal dismissed as incompetent, subject to applicant’s entitlement to file summons seeking leave within specified period — whether applicant enjoyed appeal as of right from dismissal of application for judicial review of a refusal to grant a permanent stay of summary criminal proceedings — whether summons seeking leave not filed within specified period, but sent by registered post arriving at court after expiry of period, satisfied order — nature of order made confirmatory of dismissal of appeal

CONTRACT — Local council licensed car parking spaces to owners corporation — Council claim for unpaid licence fees — Owners corporation cross-claim to recover licence fees paid under mistaken belief of obligation to pay — Construction of licence agreement — No mistaken payment — Owners corporation liable for unpaid licence fees TORTS — Trespass and private nuisance — Roller door restricting potential incorporation of spaces into public car park — Loss of car park revenue — Substantial and unreasonable interference with rights of access and use – Obligations of owners corporation in respect of common property LIMITATION OF ACTIONS — Unpaid electricity charges — Whether running account between the parties — Existence of running account not shown — No factual basis to consider different approach to operation of limitations period — Claim out of time

CONTRACTS — master franchise agreement — renewal clause — construction of clause permitting franchisor to decline renewal of agreement — where franchisor declined request for renewal by master franchisee — whether decision to decline renewal properly made — whether franchisor had to consider best interests of master franchisee in declining renewal — whether non-renewal decision based on grounds “honestly and reasonably held” — findings by primary judge inadequate — inadequate findings unable to be cured on appeal — retrial necessary CONTRACTS — repudiation — whether master franchisee repudiated agreement by establishing competitor business after franchisor refused renewal — no repudiation CONSUMER LAW — statutory unconscionable conduct under s 21 of the Australian Consumer Law — non-renewal alleged to be unconscionable — finding of unconscionable conduct by primary judge — where finding of unconscionable conduct necessarily reliant on correct construction of non-renewal clause — where primary judge erroneously construed non-renewal clause — where success on argument that renewal was improperly refused would give rise to same relief as success on unconscionable conduct — no utility in remitting issue EVIDENCE — expert evidence — admission of expert reports — valuation evidence — where expert relied on reports from industry bodies in drafting expert valuation report — reports of industry bodies admissible under s 60 of the Evidence Act 1995 (NSW) — reliance on industry reports permissible in circumstances — no error in admitting expert reports DAMAGES — quantum of damages — valuation methodology — where primary judge criticised valuation evidence at a high level but did not identify specific errors in approach taken by expert — approach that should be taken in complex damages calculations that depend on multiple assumptions — finding on damages cannot be supported — error established — question of damages to be remitted in retrial

ESTOPPEL — proprietary estoppel — estoppel by encouragement — family farm — representations by father to son concerning eventual ownership of farm — whether representations concerned testamentary intentions or inter vivos transfer — whether representations sufficiently certain — whether plaintiff relied upon representations — whether plaintiff incurred detriment — whether constructive trust on terms appropriate remedy

COSTS – the successful defendant seeks indemnity costs based on non-acceptance by the unsuccessful plaintiff of a Calderbank offer of payment of a specified sum coupled with a requirement for the unsuccessful plaintiff to agree to an undertaking not to procure a third party to pursue a claim against the defendant, a non-disclosure clause and a non-disparagement clause – HELD – not unreasonable for the plaintiff not to accept the offer containing the additional conditions – indemnity costs order not warranted

COSTS – exceptions to the general rule that costs follow the event – whether the successful plaintiff engaged in disentitling conduct through her counsel’s behaviour in Court – not disentitling conduct of the type contemplated by Oshlack – costs on an ordinary basis awarded

SUCCESSION – Succession Act 2006 s 8 — Contested probate — Testamentary capacity – Application of test in Banks v Goodfellow - deceased makes an informal testamentary document in his journal in August 2022 before taking his own life a few days later – deceased suffered a mental illness throughout much of his adult life - whether he intended the informal testamentary document to be his last will – whether he was of sound mind, memory and understanding when he executed the informal testamentary document.

PROCEEDS OF CRIME – ss 92 and 92A of the Proceeds of Crime Act 2002 (Cth) – where offenders children claim beneficial interest in restrained property – whether failure to comply with requirements of s 92A will invalidate s 92 notice – whether s 92A requires personal service of notice – whether Commissioner complied with the requirements of s 92A – competing declaratory relief sought –declarations sought by Commissioner made

CRIMINAL LAW – bail on appeal – relevant considerations – where sentence will not expire for many years – difficulties in evaluating prospects of success on appeal – constitutional challenge to offence creating provision – where some submissions unlikely to succeed – where applicant “model bailee” prior to conviction – whether special or exceptional circumstances established