A MUSLIM cleric whose supporters engaged in wild brawls outside a Victorian mosque has lost an unfair dismissal case.

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.

12:00AM MAY 1, 2021

A MUSLIM cleric whose supporters engaged in wild brawls outside a Victorian mosque has lost an unfair dismissal case.

By JAMES D. CATLIN

12:00AM MARCH 20, 2020

Concerns over the foreshadowed appointments to the High Court by Attorney-General Christian Porter take progressive cant and doublespeak to new levels — ­although, of course, there is never a ceiling.

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