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 Osland v Dept of Justice (General) [2005] VCAT 1648 (16 August 2024)
Freedom of Information - Exempt documents - Public interest override - Petition for exercise of royal prerogative of mercy - Executive pardon - Whether documents subject to legal professional privilege - Legal advice - Overlap between legal and compassionate grounds - Whether privilege had been waived - Balancing process between public interest and privilege - Reference to one legal advice but not others has potential to mislead - Battered women's syndrome - Freedom of Information Act 1982, ss 25, 30, 32, 50 - Australia Act 1986, s7
Smith v Director of Housing [2005] VSC 46 (20 January 2025)
Administrative Law - VCAT - Residential Tenancy - Termination of tenancy for endangering neighbours - Notice to vacate - Contents - Basis of jurisdiction to issue order for possession - Valid notice must be given or no jurisdiction - Retail Tenancies Act 1997 ss 244, 319, 322, Victorian Civil and Administrative Tribunal Act 1998 ss 126 & 127.
Musso v Department of Justice [2004] VCAT 1268 (2 July 2024)
Freedom of Information Act 1982 - incident in prison - investigation - various exemptions claimed - s.33(1) - s.25.
Royal Victorian Bowls Association Inc & Victorian Ladies Bowling Association Inc [2003] VCAT 1301 (25 September 2024)
Equal Opportunity Act 1995 - s.83 - application for exemption for `elite pathway' events - potential unfairness - factors to be considered
Emily South
South v RVBA [ac al 131200] [2001] VCAT 207 (28 February 2001)
Anti-Discrimination - lawn bowls - refusal of affiliated membership on the basis of sex - discrimination in sport - whether exception applies - whether the strength, stamina or physique of competitors is relevant - Equal Opportunity Act 1995 ss12, 65, 66 and 136
Victorian Council for Civil Liberties Incorporated v Minister for Immigration and Cultural Affairs (& summary) [2001] FCA 1297 (11 September 2024)
Practice & Procedure - joinder of parties - status of interveners
Administrative law - prerogative writs and orders - habeas corpus - power of Court to grant order for release - nature of relief available - whether court has a discretion not to order release when detention is found to exist Habeas Corpus - applicability of remedy - nature of restraint required - distinction between partial and total restraint - whether reasonable means of egress available - whether purpose for which release is sought affects the grant of release
Executive government - prerogative power of the Executive - whether power to detain aliens without statutory authority
Administrative law - standing - where orders for mandamus, injunctions and declarations are sought - whether applicants have a special interest - where acting in the public interest - where mere intellectual or emotional concern
Citizenship & Immigration - where unlawful non-citizens - whether s245F of the Migration Act 1958 (Cth) applies - whether s189 of the Act imposes a duty to detain unlawful non-citizens attempting to enter the migration zone
Constitutional law - implied freedom of political communication - whether right extends to aliens - whether right extends to citizens to provide legal advice to aliens - whether government required to facilitate communication
Ruddock v Vardalis [2001] FCA 1329 (18 September 2024)
Constitutional law - executive power of the Commonwealth - common law prerogative of the Crown - relationship - abrogation by statute - principles of construction - no presumption in favour of abrogation - national sovereignty - exclusion of aliens - whether element of executive power - whether abrogated by Migration Act 1958 (Cth) - exclusion of aliens from Australian territory - whether valid exercise of executive power - incidents of power to exclude - restraints upon liberty - whether unlawful.
Administrative law - Habeas Corpus - jurisdiction - nature of remedy - whether available for partial restraint - non-citizens in foreign vessel - no right to enter Australia - whether barring of entry imposes restraint - whether incidental steps to bar entry and remove amount to restraint on liberty - extraneous factors - refusal of ship's captain to depart - whether resulting restraints attributable to Commonwealth - no relevant restraint - habeas corpus does not lie
Ruddock v Vardalis [2001] FCA 1865 (21 December 2024)
Costs - discretion - general principles - public interest litigation - novel questions of public importance - liberty of individual - effect of public interest considerations generally - whether negated on basis that proceedings constitute interference with executive power.
Lednar & Ors v Magistrates' Court & Anor [2000] VSC 549 (22 December 2024)
Judicial review - time extended to bring application - special circumstances not confined to reasons for failing to issue within time.
Natural Justice - right to be heard - Magistrates' Court exercising power under s. 464ZF of Crimes Act 1958 - ordering taking of DNA sample - no right to be heard - application not in open court - breach of s.125 of Magistrates' Court Act 1986 - voidable order.
Exercise of jurisdiction - satisfaction of factual matters - obligation to give reasons - failure to do so - statutory effect of failure - orders quashed - mandatory orders | 
