APPEAL AND NEW TRIAL – leave to argue ground of appeal not raised before primary judge – permission to raise argument not advanced at trial – when may new argument be advanced on appeal – expedient in interests of justice to allow new argument – failure to raise argument at trial

INDUSTRIAL LAW – right to deduct payments made from award entitlements – set-off of payments – off-set of award entitlements against payments made – method of calculation of underpayment of award entitlements – payments made taken into account as deduction against award entitlements – sham contracting

PRACTICE AND PROCEDURE – refusal of adjournment – discretionary judgment with regard to adjournment

TESTATOR’S FAMILY MAINTENANCE – Application by adult able-bodied son – Jurisdictional requirements of Part IV of Administration and Probate Act 1958 (Vic), s 91 – Whether testator had responsibility to provide for claimant’s proper maintenance and support – Failure to make adequate provision.

 Tort - Personal injury - Application by plaintiff for judge to review calculation of general damages 

 CORPORATIONS – director’s duties – misappropriation of company funds by a director

Claim by plaintiff under Part IV of the Administration and Probate Act 1958 – Plaintiff’s solicitor drew prior will of deceased – Possible misuse of confidential information – Solicitor-client privilege – Duty of loyalty – Restraining solicitor as officer of the court from acting for the plaintiff.

ARBITRATION – Franchise agreement

Costs – plaintiff’s proceeding dismissed – application by defendant for indemnity costs or uplift to next applicable scale – offer of compromise made by defendant and rejected by plaintiff – consideration of principles applicable – application refused.