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Hart v Director of Housing and Hanover Welfare Services

Hart v Director of Housing and Hanover Welfare Services

Case [2013] VCC 1402

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AGLC: Hart v Director of Housing and Hanover Welfare Services [2013] VCC 1402
Case: [2013] VCC 1402
Decision Date: 28 October 2013

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Hart v Director of Housing and Hanover Welfare Services [2013] VCC 1402

Cases Citing This Decision

Cases Cited

Statutory Material Cited

Carter v Commissioner of Taxation [2020] FCAFC 150
Citation 1

…rons [1958] VR 436; Thorp v Holdsworth (1876) 3 Ch D 637; Humphris v Newport Quays Stage 2A Pty Ltd [2009] FCA 699; Carter v Commissioner of Taxation (2001) 109 FCR 215…
Smith v The Queen [2017] HCA 19
Citation 2 (Para 76)

…[2]See Smith v R (2001) 206 CLR 650 and Murdoch v R [2013] VSCA 272 at [76] per Priest JA: [76]. The expression ‘fact in issue’, found in s 55(1) [of the Evidence Act 2008], is not defined in the Act. But it may safely be concluded that, in a criminal case, the ultimate issue will be the existence of one or more of t…
Murdoch (A Pseudonym) v The Queen [2013] VSCA 272
Citation 3 (Para 76)

…[2]See Smith v R (2001) 206 CLR 650 and Murdoch v R [2013] VSCA 272 at [76] per Priest JA: [76]. The expression ‘fact in issue’, found in s 55(1) [of the Evidence Act 2008], is not defined in the Act. But it may safely be concluded that, in a criminal case, the ultimate issue will be the existence of one or more o…
Colquhoun v Capitol Radiology Pty Ltd [2013] VSCA 58
Citation 4

…PART VBA 10.It is submitted that the Court of Appeal in Colquhoun & Ors v Capitol Radiology Pty Ltd & Ors [2013] VSCA 58 (‘ Colquhoun’) , properly characterizes the purpose of this Part of the Act when it said at [14]: The right to sue for non-economic loss has been taken away, by statute, from all persons other…
Humphries v Newport Quays Stage 2A Pty Ltd [2009] FCA 699
Citation 5

…ases Cited: Teague v Jones [1925] VLR 205; Lee v Irons [1958] VR 436; Thorp v Holdsworth (1876) 3 Ch D 637; Humphris v Newport Quays Stage 2A Pty Ltd [2009] FCA 699; Carter v Commissioner of Taxation (2001) 109 FCR 215…
Hynes v Hynes [2007] VSCA 7
Citation 6

…36.Further, in Hynes v Hynes (2007) 15 VR 45, at 482, Ashley JA (for the court) observed that In all, and despite a number of likely problems in its working out, the intended effect of Pt VBA is evidently that recovery of damages for non-economic loss is to be precluded in personal injuries claims except when an assess…
Commonwealth v Verwayen [1990] HCA 39
Citation 7

…determined whether D1 has waived the right to challenge the plaintiff's right to recover non-economic loss damages from D1, ( Commonwealth v Verwayen (1990) 70 CLR 394) since the plaintiff does not rely upon waiver.…
Re Bolton; Ex parte Beane [1987] HCA 12
Citation 8

…which enables this Court to have regard to the relevant Second Reading speeches in the interpretation of the Act. [1]See Re Bolton’ Ex parte Beane (1987) 162 CLR 514 at 518.…
Muller v Dalgety & Co Ltd [1909] HCA 67
Citation 9

…21 D1's acceptance was both deemed (a legal fiction, see Muller v Dalgety & Co Ltd & Anor (1909) 9 CLR 693, created by the operation of 28LW(4)) and real, as a matter of fact (admitted in part by paragraphs 2, 3 and 18 of D1's first written submissions, exhibit 1, and also to be inferred from D1's conduct and from…
Summers v Director of Housing [2012] VSC 395
Citation 10

…vailable definition of ‘significant injury’ under s28LF. 22.Reliance is first placed on the case of Summers v Director of Housing & Ors [2012] VSC 395 (‘ Summers’) , where Dixon J there observed that Part VBA provides the mechanism for referring as a ‘medical question’ that assessment of impairment to a panel. A…
Wimpole Properties Pty Ltd v Beloti Pty Ltd (No 2) [2011] VSC 85
Citation 11

…ect as an admission. As to circumstances where it is appropriate to withdraw an admission, see Wimpole Properties Pty Ltd v Beloti Pty Ltd (No 2) [2011] VSC 85, but no such application was made.…
Melbourne Health v Lloyd [2009] VSC 370
Citation 12

…lar claim under Part VBA; the Part is concerned with an injury in the claim. This accords with Summers, and with Pagone J in Melbourne Health v Lloyd [2009] VSC 370 where his Honour held: In other words, it is the medical panel’s determination of an injury that enlivens, and effectively defines, the entitlement t…
Campbell v Adlard [2008] VSC 349
Citation 13

…claim” (see Summers) . 29.On the issue of the finality of Medical Panel opinions, reliance is placed on the case of Campbell v Adlard [2008] VSC 349, where Williams J (omitting irrelevant parts) refers to: …the heavy burden cast on the medical panel by the fact of the relative finality of its decision under s28LZ…
Pickering v Killians Walk Owners Corporation No 12870 (Ruling) [2013] VCC 1206
Citation 14

…54.Reference is also made to the recent County Court case of Pickering v Killians Walk Owners Corporation No 12879 [2013] VCC 1206.…

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