Thorpe v Head, Transport for Victoria
Supreme Court of Victoria
Forbes J
23/11/2021
[2021] VSC 750
Practice and procedure — Summary dismissal — Claim for declarations and injunctions to protect Aboriginal places and objects — Impugned decision no longer relied upon — Whether legal controversy continued to exist — Whether real prospect of success — Aboriginal Heritage Act 2006 (Vic), ss 27, 28, 46 — Charter of Human Rights and Responsibilities Act 2006 (Vic), s 39(1) — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 23.01(1) — Civil Procedure Act 2010 (Vic), ss 63, 64
Judgment, orders and declarations — Injunctions — Proposed amendments to pleadings — Declaration sought in civil proceedings of past criminal conduct — Whether exceptional circumstances exist to justify relief — Injunction in advance of statutory process — Whether amendments have no real prospect of success — Supreme Court (General Civil Procedure) Rules 2015 (Vic), ord 36
Practice and procedure — Pleadings — Amendment — Statement of claim — Order in the nature of certiorari — Extension of time — Whether special circumstances exist — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 56.02(3)
Read the judgment here.