Murphy v State of Victoria (Ruling No 3)
[2015] VCC 1113
•21 August 2015
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE COMMON LAW DIVISION | Revised Not Restricted Suitable for Publication |
GENERAL LIST
Case No. CI-11-01027
| LEONIE JANINE MURPHY | Plaintiff |
| v | |
| STATE OF VICTORIA | Defendant |
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JUDGE: | HIS HONOUR JUDGE O’NEILL | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 17 and 18 August 2015 | |
DATE OF RULING: | 21 August 2015 | |
CASE MAY BE CITED AS: | Murphy v State of Victoria (Ruling No 3) | |
MEDIUM NEUTRAL CITATION: | [2015] VCC 1113 | |
RULING
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Subject: EVIDENCE
Catchwords: Admissibility of documentary evidence – whether large volume of documents provided by self-represented plaintiff admissible into evidence – procedure for determination of admissibility
Legislation Cited: County Court Civil Procedure Rules 2008; Evidence Act 2008, s55 and s56
Ruling: Very few of the documents which the self-represented plaintiff wished to tender as evidence are relevant to the issues in this trial. A list of admissible documents is appended to this Ruling.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | The plaintiff appeared in person | - |
| For the Defendant | Mr J R M Tracey | Victorian Government Solicitor |
HIS HONOUR:
1 This proceeding, which commenced as a cause on 17 August 2015, concerns a claim by the plaintiff against the State of Victoria for breach of an agreement dated 23 March 2005 (“the agreement”), relating to her employment with Victoria Police.
2 It is not necessary for me to, at this stage, describe in detail the circumstances surrounding the execution of the agreement, and details of the plaintiff’s cause of action. Further, the proceeding has a long and convoluted history. In essence, the plaintiff’s Statement of Claim has been considerably reduced by various orders of this Court and the Court of Appeal. It is, pure and simple, a claim that the State failed to abide by, or breached the terms of the agreement.
3 Despite the proceeding being managed by his Honour Judge Saccardo, as Judge in charge of the Self-Represented Litigants List, in the period leading up to the trial, and his Honour making a range of Orders in relation to Court Books, Witness Statements and various other procedural and administrative matters, on the first day of the hearing, Mrs Murphy provided the Court with thirteen volumes of Court Books, numbering some thousands of pages.
4 The proceeding commenced with Mrs Murphy opening her case at some length. She then entered the witness box and gave sworn evidence. I explained to Mrs Murphy that it would assist me in determining the issues in dispute if I could ask her some questions directing her attention to what I saw to be the circumstances relevant to the entering of the agreement and to circumstances relevant to the alleged breach. I then advised Mrs Murphy it would be a matter for her to give any additional evidence in the manner that she thought fit, and to cover any other matters not addressed by my questions.
5 In addition, I allowed Mrs Murphy to tender a lengthy Witness Statement dated 30 July 2015.[1] This was permitted, reserving to Mr Tracey, for the defendant, to take objection to those parts of the Witness Statement which might be inadmissible. Further, the Statement made regular reference to documents from the thirteen volumes of Court Books. I advised Mrs Murphy that the admission of the Statement into evidence did not mean that the documents referred to were also admissible.
[1]Exhibit E
6 All of this was done in an attempt to conduct the proceeding effectively and efficiently.[2]
[2]And in accordance with the Overarching Obligations of the Civil Procedure Act 2010
7 At the conclusion of the first phase of the plaintiff’s evidence, I enquired of her as to what documents she proposed to tender into evidence in support of her claim. After some considerable discussion, she indicated that she wished to tender “practically” all of the documents contained in the Court Books.[3] After consideration, I determined the most appropriate means by which the tender of documents should be handled is as follows:
[3]Transcript (“T”) 157, Lines (“L”) 6-15
(a) Over the days 19 and 20 August 2015, I would go through all of the folders, peruse each document and, on the basis of the evidence provided to date, the plaintiff’s opening and the pleadings, determine which of the documents are admissible;
(b) I would provide the parties, on the resumption of the hearing on 21 August 2015, with a list of the documents I deemed admissible;
(c) At the conclusion of the evidence, there would be a restricted “appeal process” whereby Mrs Murphy could take issue with my decision to reject those documents which I deemed inadmissible, and Mr Tracey could take objection to those documents I proposed to admit into evidence. I advised the parties that this “appeal” process would have a limited timeframe and that each party would have one hour within which to take that objection. Upon reflection, this period may be too limited and I am prepared to allow each party up to two hours to make their objections.
Each party agreed to this process.[4]
[4]T160 L12-16
I have concluded that process, and the list of admissible documents is appended to this Ruling. Upon reflection, it appears to me that the plaintiff should have the following liberties:
(d) If, in the course of any evidence yet to be given by the plaintiff or her witnesses on or after 21 August 2015, if there is reference to some further document which is properly admissible, that document will be added to the list of admissible documents;
(e) If, in the course of the “appeal process”, or in fact at any other time during the course of the trial, it can be pointed out that I have made some error and failed to admit some document properly admissible, that document will be added to the list of admissible documents.
8 I should give some general reasons for my determination as to what is admissible and what is not.
9 It became evident from the plaintiff’s opening and her evidence that she had a range of grievances against Victoria Police concerning matters outside the scope of the cause of action contained in her Amended Statement of Claim. The various volumes of the Court Books are replete with documents which relate to a whole range of issues unrelated to the alleged breach of contract. Those issues included:
· Matters relating to allegations of bullying, intimidation and aggression by various members of the Police Force over the period before the execution of the Agreement, from 2003 to 2005.
· Many documents concerned similar allegations against various members of the Police Force after Mrs Murphy returned to work after the execution of the Agreement until her ultimate termination from employment.
· Over the period after Mrs Murphy’s return to work, she worked on reduced hours, made a WorkCover claim, and much of the documentation relates to medical reports, progress reports, conciliation and investigation documents and return to work plans, related to her WorkCover issues. None of these documents are relevant.
· At various times, it was alleged she owed varying amounts as overpaid salary. This issue was resolved by the State waiving these sums.
· Much of the documentation concerned an issue about the provision of timesheets.
· The volumes contained statements, diary entries, records of telephone conversations and various other self-serving documents prepared by Mrs Murphy or her husband.
· There was an issue in 2008-2009 concerning the handling of firearms.
· There was an issue about workplace counselling.
10 All of the documents relating to these issues are, in my view, irrelevant. In essence, very few of the documents contained in the volumes of Court Books are relevant to the issues in this trial.
11 I have attempted, where possible, to take a generous view as to the admissibility of documents.
List of Admissible Documents Extracted from 13 Volumes of the Plaintiff’s Court Books
Volume A
Tab 9 Agreement Tab 10 Letter from Victoria Police to the plaintiff 13 April 2005 Tab 11 Issue Cover Sheet – 25 August 2008 Tab 13 Particulars of Special Damage dated 14 July 2015 Tab 14 Medical Report of Dr Geoffrey Hogan dated 18 September 2009 Tab 15 Medical report of Dr Geoffrey Hogan dated 17 February 2009 Tab 18 Medical Report of Dr Timothy Entwisle dated 19 June 2009 Tab 19 Medical Report of Dr Timothy Entwisle dated 23 June 2006 Tab 21 Medical Report of Dr Timothy Entwisle dated 1 February 2006 Tab 22 Medical Report of Dr Geoffrey Hogan dated 13 July 2015 Tab 23 Medical Report of Dr John Bialylew dated 23 September 2009 and 23 June 2015
Volume 1 (one of two volumes)
Nil
Volume 1 (second of two volumes)
Tab 82 Letter from Commissioner Christine Nixon to the plaintiff dated 9 August 2004 Tab 85 Documents relating to Agreement Tab 98 Letter from the plaintiff to Inspector Sandra Makepeace dated 6 September 2004 Tab 100 Documents relating to description of administrative support officer – Off Supp – VPS G-2 Tab 122 Email from Emily Castle to Ian Murphy dated 16 November 2004 Tab 123 Victorian Public Service salary details Tab 124 Proposed new salary system Tab 141 Letter from the plaintiff to Inspector Makepeace dated 11 March 2005 Tab 154 Letter from Commander Sandra Langlands to the plaintiff dated 3 February 2005 with attachments Tab 160 Position duties – Leonie Murphy
Volume 2
Nil
Volume 3 (one of two volumes)
Tab 230 Worker’s Injury Claim Form dated 28 May 2009 Tab 236 Various medical Certificates and Certificates of Capacity
Volume 3 (second of two volumes)
Tab 281 Medical Report of Dr Geoffrey Hogan dated 18 September 2009
Volume 4
Tab 327 Return to Work Plan dated 27 September 2005 Tab 328 Return to Work Plan dated 18 October 2005 Tab 353 Return to Work Plan dated 18 October 2005 Tab 362 Return to Work Plan dated 13 June 2006 Tab 364 Return to Work Plan dated 7 August 2006
Volume 5
Tab 386 Letter from Victoria Police to the plaintiff dated 13 April 2005 Tab 392 Letter from the plaintiff to Carol Hutchison dated 14 November 2006 Tab 396 Position Details – Administration Officer, Operations Co-ordination Tab 403 Chain of email between plaintiff and Andrew Wright Tab 431 Email from the plaintiff to Janelle Griffin dated 16 July 2007 Tab 438 Letter from Commander Sandra Langlands to the plaintiff dated 12 December 2007 Tab 439 Letter from the plaintiff to Commander Sandra Langlands dated 13 January 2008 Tab 441 Letter from Commander Sandra Langlands to the plaintiff dated 21 January 2008 Tab 444 Letter from Commander Sandra Langlands to the plaintiff dated 13 February 2008 Tab 449 Letter from the plaintiff to Commander Sandra Langlands dated 20 February 2008 Tab 451 Letter from Ms Liz Cheligoy to the plaintiff dated 14 March 2008 Tab 466 Position Details – Administrative Officer – Off Supp 2225, 3200 Tab 467 Review of Administrative Support – Organisational Wellbeing Division – Human Resource Department dated March 2008 Tab 469 Letter from the plaintiff to Mr Keith Colliver dated 19 May 2008 Tab 481 Position details – Receptionist/Administrative Support Officer – Off Supp 2225 and 2924 Tab 492 Letter from Mr Keith Colliver to the plaintiff dated 27 June 2008 Tab 493 Position details – Receptionist/Administrative Support Officer – Off Supp 3315 and 3316 Tab 495 Letter from the plaintiff to Mr Keith Colliver dated 1 July 2008 Tab 497 Letter from Mr Keith Colliver to the plaintiff dated 2 July 2008 Tab 498 Letter from the plaintiff to Mr Keith Colliver dated 7 July 2008 Tab 499 Letter from Mr Keith Colliver to the plaintiff dated 23 July 2008 Tab 506 Letter from the plaintiff to Mr Keith Colliver dated 1 December 2008
(sent by email)
Tab 508 Letter from Mr Keith Colliver to the plaintiff dated 8 December 2008
Volume 6 (one of two volumes)
Tab 511 Letter from Mr Ian Murphy to Ms Karen Toohey dated 8 September 2008 Tab 515 Letter from Ms Julie Rastutis to the plaintiff dated 17 September 2008 Tab 517 Position Details – Administration Support Officer – Off Supp – Various Tab 518 Position Details – Roster/Property Officer – VPS G2 Tab 522 Email from Ms Kate Proctor to the plaintiff dated 17 September 2008 Tab 523 Letter from the plaintiff to Ms Kate Proctor dated 24 September 2008
(sent by email)
Tab 529 Application by plaintiff for position of Administrative Support Officer – Off Supp 993 – VPS G-2 Tab 531 Application by the plaintiff for position of Stable Hand/Administrative Support Officer dated 30 September 2008 Tab 535 Chain of emails relating to various position descriptions Tab 536 Acceptance of appointment by the plaintiff dated 22 October 2008
Volume 6 (second of two volumes)
Nil
Volume 7
Tab 630 Letter from Inspector Andrew Miles to the plaintiff dated 24 June 2010 Tab 631 Letter from the plaintiff to Inspector Andrew Miles dated 29 June 2010 Tab 632 Letter from Inspector Andrew Miles to the plaintiff dated 2 July 2010 Tab 634 Letter from the plaintiff to Inspector Andrew Miles dated 29 July 2010
Volume 8
2007 Tab 2007 Email from Mr Andrew Wright to Ms Sandra Makepeace dated 10 May 2007 Tab 2007 Email from Mr Andrew Wright to the plaintiff dated 10 May 2007 Tab 2007 Memorandum from Inspector Philip Green to Ms Paula Simpson dated 18 February 2008 2008 Tab 14 Letter from Ms Liz Cheligoy to the plaintiff dated 14 February 2008 Tab 14 Email from Inspector Philip Green to Mr Alex Tasominos dated 8 February 2014 Tab 11 Email from Mr Keith Colliver to Commander Sandra Langlands dated 15 May 2008 Tab 11 Email from Philippa Vella to Mr Keith Colliver dated 16 May 2008 Tab 10 Issue coversheet from Mr Keith Colliver Tab 10 Email from Mr Keith Colliver to Ms Julie Rastutis dated 4 June 2008 Tab 10 Emails passing between Ms Philippa Vella and Mr Keith Colliver dated 5 June 2008 Tab 10 Email from Ms Julie Rastutis to Mr Keith Colliver dated 5 June 2008 Tab 9 Email from Mr Philip Green to Mr Keith Colliver dated 11 July 2008 Tab 9 Email from Mr Terri Carr to Mr Keith Colliver dated 10 July 2008 Tab 8 Issue coversheet Tab 7 Issue coversheet Tab 7 Human Resource Department Review dated 22 September 2008 Tab 5 Email Ms Carol Hutchison to the plaintiff dated 17 November 2008 2009 Tab 2009 Email from the plaintiff to Mr Keith Colliver dated 17 March 2009 Tab 2009 Emails between Mr Keith Colliver and Mr Philip Green dated 27 and 30 March 2009 Tab 2009 Letter from Mr Keith Colliver to the plaintiff dated 21 May 2008 Tab 2009 Letter from Mr Keith Colliver to the plaintiff dated 2 July 2008 Tab 2009 Letter from Mr Keith Colliver to the plaintiff dated 27 June 2008 Tab 2009 Document is a response to complaint by Ms Leonie Janine Murphy by Mr Keith Colliver 2010 Tab 2010 Series of emails between Mr Keith Colliver and Mr Philip Green dated 9 September 2010 Tab 2010 Email from Mr Keith Colliver to Mr Terri Carr and Ms Carol Hutchison dated 9 September 2010 Tab 2010 Letter from Rebecca Munn to the plaintiff dated 6 September 2010
Volume 9 (documents listed from front to back)
Part 1 Tab 3 Email from Ms Daniela Anapaz to the plaintiff dated 22 October 2008 Tab 10 Issue coversheet dated 14 October 2008 Tab 11 Email from Ms Daniela Anapaz to Ms Jennifer Mackin and Mr Terri Carr dated 24 October 2008 Tab 17 Email from Mr Andrew Wright to the plaintiff dated 10 May 2007 Tab 18 Email from Mr Andrew Wright to Ms Eda Whiting dated 4 April 2007 Tab 19 Issue coversheet dated 25 August 2008 Tab 29 Diary notes of meeting of 5 April 2007, 7 May 2007, 13 May 2008, 14 May 2008 and 30 May 2008 Part 2 Nil Part 3 Tab 14 Letter from Inspector Andrew Miles to the plaintiff dated 8 October 2010 Tab 16 Letter from Ms Rebecca Munn to the plaintiff dated 6 September 2010 Tab 31 Letter from Ms Liz Cheligoy to the plaintiff dated 14 February 2008 Part 4 Tab 2 HRM Position History
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