INTERLOCUTORY RELIEF - ex parte application marcva orders - principles applicable - sufficiency of evidence as to risk of dissipation of assets - delay by applicants - inability to locate dissipated funds.

Courts - Practice and Procedure - Ejectment Action - Effect of Default Judgment against the Defendant - Procedure for Further Defendant to be Joined. RSC rr1.14, 9.07(3), 21.03

BANKRUPTCY - Creditors petition - whether bankruptcy notice invalid - reference to higher amount due - failure to refer to instalment payments - payments not identified sufficiently - sequestration order.

Decision: The Tribunal sets aside the decision under review and substitutes a decision that the applicant owes a debt to the Commonwealth of $24,202.92 due to the overpayment of disability support pension between 19 March 1999 and 28 July 2002, but that the debt is waived for the period 25 July 2001 to 10 January 2002. The Tribunal remits the matter to the respondent for re-calculation of the debt.

General List - freedom of information - access to video recordings - documents affecting personal privacy - information relating to the personal affairs of any person - deletion of exempt matter - Freedom of Information Act 1982 ss 25, 33(1) and 33(9)

The plaintiff alleges that the defendant wrote two letters to the Medical Practitioners Board of Victoria each of which was defamatory of him.

This is an application by the plaintiffs by summons filed 30 January 2004 that the first and second defendants Paul Anthony Miller and Yvonne Miller, who are husband and wife, be dealt with for contempt of court constituted by breach of a Mareva injunction ordered on 3 April 2003. The breach occurred when Mr and Mrs Miller re-mortgaged their property at 15 Nicholas Avenue, Metung ("the Metung property") and dealt with part of the proceeds derived from the re-finance of the mortgage.

CORPORATIONS - Conducting public transport franchises - Passengers - Assault and detention by employees - Corporations under Deed of company arrangement - Claims released - In substitution a right to claim against the available property - Passengers commence claims for damages in the County Court - Leave to proceed - Effect of release on claim - Discretionary considerations - Corporations Act 2001, s 444E(3).

The plaintiff has applied by originating motion for leave pursuant to s 135A of the Accident Compensation Act 1985 to bring proceedings in respect of an injury which is said to be a serious injury.

Accident Compensation - Transport Accident Act - Determination of impairment in accordance with "AMA Guides" - Assessment of physical impairment pursuant to Chapter 1 of the Guides and episodic neurological disorders pursuant to Chapter 2 of the Guides discussed - Whether "genuine functionally-driven physical impairment" capable of constituting impairment assessable under Chapter 1 - Whether migraine headaches stemming from neck disorder capable of assessment as "episodic neurological disorder" pursuant to Chapter 2 of the Guides - Purpose of s.46B of Transport Accident Act 1986 discussed

Transport accident - costs - appropriate scale - senior counsel - two counsel - stay of order - Transport Accident Act 1986 s 79(2)

The decision of the respondent made on 28 August 2001 is set aside and there is substituted therefor a determination that the applicant's permanent impairment caused by the transport accident on 16 November 1997 is 29%.

The decision of the respondent made on 28 August 2001 is set aside and there is substituted therefor a determination that the applicant's permanent impairment caused by the transport accident on 16 November 1997 is 29%.

General List - Transport Accident - Liability for medical and like expenses - Impairment Assessment - Degree of Impairment - Transport Accident Act 1986 ss46A, 60

Occupational and business regulation list - review of the decision of Victorian WorkCover Authority to revoke the licence to use blasting explosives - "suitable person" - sections 21 and 24 Dangerous Goods Act 1985.

PRACTICE AND PROCEDURE - Contempt of Court - Publications by litigant tending to interfere with the due administration of justice - Amendment of contempt summons - Whether sufficient particularity of each count.

TRADE PRACTICES – The plaintiff seeks orders pursuant to rule 32.03 of chapter 1 of the Rules to ascertain the identity of persons who have allegedly defamed the plaintiff and engaged in misleading and deceptive conduct in breach of the provisions of the Trade Practices Act 1974 and the Fair Trading Act 1985 with respect to the plaintiff.

TRADE PRACTICES – The plaintiff seeks orders pursuant to rule 32.03 of chapter 1 of the Rules to ascertain the identity of persons who have allegedly defamed the plaintiff and engaged in misleading and deceptive conduct in breach of the provisions of the Trade Practices Act 1974 and the Fair Trading Act 1985 with respect to the plaintiff.