Pizzey Properties Pty Ltd v Edelstein [1977] VicRp 19; [1977] VR 161 - provides that orders should not be made for the purpose of giving security for the satisfaction of a money judgment or in lieu of other orders restraining a party from behaving in a particular way which may be available in other circumstances under the rules. 

Australian Competition and Consumer Commission v Cabcharge [2010] FCA 1261 - provides that parity of penalties against contraveners in other comparable proceedings is a relevant factor in assessing penalty. Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd [2007] FCAFC 146; 161 FCR 513 - provides that any penalty ought not be so disproportionate as to be oppressive and the character of the contravention must be the central determinant of the penalty taking into account any ameliorating circumstances.

through lack of due regard to the law or the facts.  

Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 - where failure to take into account mandatory relevant considerations in giving the Vaccination Directions is an available ground of review of administrative action  Harding v Sutton [2021] VSC 741 (11 November 2021) - held that s 9 of the Administrative Law Act 1978 (Vic), which gives the Court power to suspend the operation of an administrative decision ‘in order to prevent irreparable damage pending judicial review’. 

Matthews v Matthews [1913] HCA 49 - provides that the presumption of assent – that when there is a transfer of property to a person, the donee assents even before they know of the transfer – is a "strong presumption of law".

R v Independent Broad-Based Anti-Corruption Commission [2016] HCA 8 - where both the principle of legality and s 32 of the Charter do not permit a court to ignore the plain meaning of the statutory text or its evident purpose.  

Kioa v West [1985] HCA 81; (1985) 159 CLR 550, cited - held that the law has now developed to a point where it may be accepted that there is a common law duty to act fairly, in the sense of according procedural fairness, in the making of administrative decisions which affect rights, interests and legitimate expectations, subject only to the clear manifestation of a contrary statutory intention.  Minister for Immigration v SZGUR [2011] HCA 1; (2011) 241 CLR 594 - provides that procedural fairness requires a decision-maker to identify for the person affected any critical issue not apparent from the nature of the decision or the terms of the statutory power.  Weiss v The Queen [2005] HCA 81 - h

Carson v John Fairfax & Sons Ltd [1993] HCA 31; (1993) 178 CLR 44 - provides that the award of damages for a defamation serves three purposes: consolation for personal distress and hurt; reparation for damage to the applicant’s reputation (including if relevant the applicant’s business reputation); and vindication of reputation. 

quantum meruit : Quantum meruit is a Latin phrase meaning "what one has earned". In contract law, it means "reasonable value of services". British Steel Corporation v Cleveland Bridge & Engineering Co. Ltd [1984] 1 All E R 504  - provides for the application of quantum meruit if there is no given estimate of the price of services rendered because there is an obligation to pay a reasonable remuneration in all circumstances. Greenmast Shipping v Jean Lion (The Saronikos) [1986] 2 Lloyds Rep. 277 - while the courts have not set down any rigid guidelines for assessing what is a reasonable sum, it is clear that the contractor should be paid a fair commercial rate for the work done.

Commonwealth v Verwayen (1990) 170 CLR 394 - held that the question whether departure from the assumption would be unconscionable must be resolved by reference to all the circumstances of the case, including the reasonableness of the conduct of the other party in acting upon the assumption and the nature and extent of the detriment which he would sustain by acting upon the assumption if departure from the assumed state of affairs were permitted.

McNamara VP in VQB v Secretary to the Department of Justice [2013] VCAT 789 at [36] - approached the "reasonable person test" as follows: A reasonable person would not approach the task with a closed mind, thinking that once a person has offended, he or she can never be redeemed. The reasonable person, however, would not put aside all scepticism and reasonable caution in this most difficult area in some over-optimistic attempt to facilitate rehabilitation.

Administration and Probate Act 1958 (Vic) s 34(1)(a)(c) - where an executor to whom probate has been granted remains out of Victoria for more than two years or is unfit to act or incapable of acting, the Court may order the removal of the executor and appoint some proper person or trustee company as administrator in place of the executor.  Trustee Act 1958 (Vic) s 48(1) - pursuant to which the Court may make an order appointing a new trustee either in substitution for or in addition to any existing trustee whenever it is expedient to do so.  Supreme Court (Administration and Probate) Rules 2014  - pursuant to which the application seeking that the defendant be passed over as an executor of t