Employment law - This is an appeal against an order of the Magistrates Court setting aside a default judgment.

General Form of Order

Application for an unfair dismissal remedy – compliance with the Small Business Fair Dismissal Code – whether conduct amounted to serious misconduct.

Building and property list - Application for reinstatement - matter previously settled

COSTS – Where applicant sought revocation of a grant of letters of administration on intestacy – where applicant delayed and withheld relevant information during proceedings – No point of principle.

The Respondent seeks an order, pursuant to s 79 of the Victorian Civil and Administrative Tribunal Act 1998 (‘the VCAT Act’), that the Applicant give security for the Respondent’s costs in the amount $58,630 or such other amount as the Tribunal deems appropriate.

Subject: Client Privilege – whether chain of emails confidential communication – legal advice - whether waiver for failing to object to production under subpoena – whether the court ought to inspect documents in the absence of admissible evidence in support of claim of privilege.

STATUTORY INTERPRETATION – Text of legislation – Legislative intention – Whether Parliament intended to include the child of a deceased’s domestic partner within the meaning of ‘stepchild’

Constructive trust – acquisition of property – failure of joint venture between mother and daughter.

Catchwords: Misleading and deceptive conduct – whether representations concerning suitability of a particular variety of broccoli seeds for transplanting at a particular time of year in a particular region were misleading and deceptive.

Catchwords: Misleading and deceptive conduct – whether representations concerning suitability of a particular variety of broccoli seeds for transplanting at a particular time of year in a particular region were misleading and deceptive.

TESTATORS’ FAMILY MAINTENANCE – Whether plaintiff is an eligible person under Administration and Probate Act 1958, Part IV – Whether a child of a former domestic partner of the deceased is a stepchild of the deceased – Whether relationship of stepchild-stepparent ends on death of natural parent – Plaintiff held to be an eligible person – Administration and Probate Act 1958, Part IV, s 90.

Application for relief from unfair dismissal.

INDUSTRIAL LAW – Determination of compensation for loss suffered by the Applicant because of contraventions by the Respondent of s.340 of the Fair Work Act 2009 – consideration of the principles governing the calculation of economic loss from loss of opportunity for employment – determination of appropriate penalty is to apply pursuant to s.546 of the Fair Work Act 2009.

Practice - Third person's objection to a debt appropriation order - Third person is judgment debtor's indemnity insurer - Was there an available debt.

LEASES AND TENANCIES – Construction of a commercial lease – Law Institute of Victoria standard form lease. Whether landlord required to improve the leased premises by extending passenger lifts – Terms requiring landlord to consult with tenant.

SUCCESSION LAW — Where deceased made no provision for adult daughter — Where moral duty to the applicant conceded — Where quantum in dispute

INDUSTRIAL LAW – whether Respondent contravened s.340 and s.351 of the Fair Work Act 2009 (Cth) (“the Act”) – seven contraventions pleaded – Applicant on maternity leave