Civil law resources

Civil law resources

Latest update

Read the new Working With Children Check case notes.

Discrimination law case notes

Ingram v QBE Insurance (Australia) Limited

Case note on Re Ingram v QBE Insurance (Australia) Limited (Human Rights) [2015] VCAT 1936 (18 December 2015), including facts, decision and commentary regarding whether the inclusion of a blanket mental health exclusion in the travel insurance policy QBE issued to Ms Ingram, and its decision to reject her claim by relying on that clause on the basis of her disability, was unlawful discrimination for the purposes of the Equal Opportunity Act 2010 (Vic).

Read the Ingram v QBE Insurance case note (docx, 137.99 KB).

Bevilacqua v Telco Business Solutions

Case note on Re Bevilacqua v Telco Business Solutions (Watergardens) PL (Human Rights) [2015] VCAT 269, including facts, decision and commentary regarding whether morning sickness is a disability for the purposes of the Equal Opportunity Act 2010 (Vic).

Read the Bevilacqua v Telco Business Solutions case note (doc, 160.5 KB).

Mental health law

Read Mental health law for developments relating to the Mental Health Act 2014.

Migration law

Victoria Legal Aid has put together a 'self-help kit' to assist prisoners whose visas have been mandatorily cancelled.

This kit explains the mandatory visa cancellation process in more detail and will help you to draft your own response to the Department seeking a revocation of its decision.

Download the Self-help kit for prisoners facing mandatory visa cancellation (docx, 106.9 KB).

NDIS fact sheets

Fact sheets to assist lawyers to navigate the National Disability Insurance Scheme (NDIS) summarising key features of the scheme, including eligibility, application and appeal processes:

NDIS case note

In McCutcheon v National Disability Insurance Agency [2015] AATA 624, the Administrative Appeals Tribunal considered the provisions of the National Disability Insurance Scheme Act 2013, and the relevant rules and operational guidelines which govern decisions about ‘reasonable and necessary supports’ that can be funded by the NDIA. It held that chiropractic treatment for the applicant was a ‘reasonable and necessary support’ under the NDIS and set aside the decision of the NDIA.

Read McCutcheon v National Disability Insurance Agency case note (docx, 141.04 KB)

Social security

Victoria Legal Aid has prepared some resources to assist clients who have received debt notices as a result of Centrelink’s automated debt recovery system.

Our fact sheet Get help with Centrelink’s automated debts covers:

  • how Centrelink’s automated compliance system works
  • what to do if Centrelink asks you to confirm your employment status
  • how to seek a review of Centrelink’s decision (includes sample letter to send to Centrelink)
  • what happens if you don’t pay the debt when it is due
  • how to make a complaint about Centrelink.

See Data-matching and Centrelink debts – advice to callers (docx, 138.41 KB) for a handy checklist for lawyers when advising clients who have received a Centrelink debt notice.

Working with Children Check case notes

PQR v Secret​ary, Department of Justice and Regulation (No 1)

This 2017 case note includes facts, decision and commentary regarding the legal effect of a pseudonym order. The Supreme Court found that a pseudonym order issued under the court’s inherent jurisdiction has the effect of wholly protecting the anonymity of a party to a proceeding. Therefore, the court refused an application for a proceeding suppression order under section 18(1)(a) of the Open Courts Act 2013 (Vic).

Read PQR v Secretary, Department of Justice and Regulation (No 1) case note (docx, 141.32 KB).

PQR v Secretary, Department of Justice and Regulation (No 2)

This 2017 case note includes facts, decision and commentary regarding the interpretation and application of the ‘unjustifiable risk’ test in sections 13(2) and 26B(1) of the Working with Children Act 2005 (Vic). The Supreme Court found that proper administration of the test requires determining whether giving the assessment notice would pose an unjustifiable risk to the safety of children. This decision will have a particular impact in cases where applicants have prior offences that are serious, but do not create a direct risk to children.

Read PQR v Secretary, Department of Justice and Regulation (No 2) case note (docx, 141.04 KB).