DEFAMATION – Publication – Whether the defendant’s Google reviews and online post were communicated to and comprehended by someone other than the plaintiffs – Whether appropriate to infer publication of Google reviews and online post.

1 In September 2020 Mr Davies made a request of the Victoria Police under the Freedom of Information Act 1982 (FOI Act) for:

Copies (including any drafts) of any station registers, running sheets, daybooks, arrest records, photographs, statements or entries of any description in relation to Professor Brett Sutton between [certain dates].

PRACTICE AND PROCEDURE – Leave to discontinue and cost consequences – Where defendant seeks costs on indemnity basis or from plaintiff personally – Where defendant says plaintiff knowingly made false accusations, claim was misconceived and constituted a campaign of harassment – Special circumstances not found - Supreme Court (General Civil Procedure) Rules 2015 (Vic) rr 25. 05, 63. 15 – Cohen v The State of Victoria & Ors (No 3) [2011] VSC 229.

1 In September 2020 Mr Davies made a request of the Victoria Police under the Freedom of Information Act 1982 (FOI Act) for:

Copies (including any drafts) of any station registers, running sheets, daybooks, arrest records, photographs, statements or entries of any description in relation to Professor Brett Sutton between [certain dates].

Subject: DEFAMATION - Catchwords: Defamatory imputation – defence of justification – common law and statutory qualified privilege - triviality.

INDUSTRIAL LAW – Application in a case for leave to join six additional parties as respondents to proceedings under the Fair Work Act 2009 (Cth) – whether necessary – other factors relevant to exercise of discretion – application in a case dismissed – time extended for applicant to file amended statement of claim.

INDUSTRIAL LAW – Fair Work – interlocutory application for summary dismissal – summary judgment – interlocutory application to strike out statement of claim – interlocutory application for discovery – procedural orders – no order as to costs.

PRACTICE AND PROCEDURE – COSTS – two distinct claims made in proceeding – plaintiff successful on claim which took most of time, unsuccessful on the other – whether costs should be apportioned – Hancock v Rinehart (Costs) Callus v KB Investments (No 2) [2020] VCC 455 (1 May 2020)

TRADE PRACTICES – Misleading or deceptive conduct – Sale of goods – Representations –Reliance – Oral representations as to suitability of seeds – Whether representations made – Whether relied on – Findings of fact – No error – Appeal dismissed – Trade Practices Act 1974 (Cth) ss 52, 53(c).

DISCOVERY – Where a plaintiff seeks discovery of documents in respect of potential lifetime transactions of the deceased – Grounds for discovery in a family provision application – Whether special circumstances required to be shown – Dinakis & Zurcas v Zurcas & Ors [2013] VSC 79 applied – Application refused.

FAMILY PROVISION — Where deceased bequeathed a one-hundredth share of estate to his adult daughter — No dispute by defendant that provision for adult daughter fails to satisfy deceased’s moral duty to plaintiff — Where quantum in dispute — Plaintiff’s need — Insufficient evidence to determine plaintiff’s financial circumstances — Administration and Probate Act 1958 (Vic) ss 90, 91.

FAMILY PROVISION – Application for further provision by adult daughter of deceased – Where moral obligation to plaintiff conceded – Deceased bequeathed legacy of $50,000 to plaintiff – Residuary estate left to defendant – Whether deceased satisfied his moral obligation to the plaintiff – Whether further provision to the plaintiff appropriate – Relief sought in the form of a Crisp order – Administration and Probate Act 1958 (Vic) ss 91, 91A.

The appellants filed a claim for trespass to land against the respondent in the Magistrates Court. It was alleged that two individuals, one of whom was an employee of the respondent, trespassed on the appellants’ property and that the respondent was vicariously liable. The appellants filed an application seeking an order for summary judgment in favour of the appellants against the respondent and relied upon r 8 of the Magistrates Court (Civil) Rules 2013 (SA). The Magistrate dismissed the application.

FREEDOM OF INFORMATION – access refused under s 24 (practical refusal reason) of the Freedom of Information Act 1982 – whether request would substantially and unreasonably divert resources of agency – whether reasons of applicant for request can be considered – no public interest in fulfilling request – decision affirmed.

TRUSTS – Alleged misappropriation of trust property – wholly discretionary trust – trustee company transferred one of two properties held on trust to the sole director of the trust company – sole director also a specified beneficiary of the trust – guardian wanted the transfer to occur – no misappropriation.

Wills and Estates - Application for revocation of probate.

PRACTICE AND PROCEDURE — Application for whereabouts of proceeds of sale, alternatively, a freezing order — No point of principle — Supreme Court Act 1986 (Vic) s 37 — Supreme Court (General Civil Procedure) Rules 2015 (Vic) ord 37A — Zhen v Mo [2008] VSC 300.

ADMINSTRATION OF ESTATES – Application to remove plaintiff as executor - Executor in the underlying proceeding alleges that the defendant beneficiary acted unconscionably or in breach of fiduciary duty

TORTS – Defamation - Injurious falsehood – Injunction sought until trial of proceeding – Whether prima facie case of injurious falsehood - No evidence of actual loss – Reliance on ‘grapevine effect’– Delay by plaintiffs in seeking injunctive relief – Where defamation claim being reframed in other causes of action - Application refused

Application to restrain solicitors from acting – Whether solicitor engaged in improper conduct – Inherent jurisdiction of the court – Whether Solicitor breached overarching obligations – Conduct not improper – Civil Procedure Act 2010 (Vic) s 29 – Grimwade v Meagher [1995] VicRp 28; [1995] VR 446 applied.