1. The Hallett v City of Port Phillip case is an example of a civil matter. The case involves noise causing a nuisance to neighbours. The case also involves orders issued by VCAT.
2. The Trial Division heard Mr Hallett’s appeal on a number of questions of law.
3. Justice Ginnane upheld Mr Hallett’s appeal because the council did not make a serious attempt to speak to Mr Hallett, inform him about the noise complaint or give him the opportunity to respond before issuing the notices.
4. The Trial Division hears cases in their original criminal jurisdiction including treason, murder, manslaughter, attempted murder and other serious indictable offences matters. It also hears cases in their original civil jurisdiction for unlimited amounts of money. In its appellate jurisdiction, the Trial Division can hear criminal and civil appeals from the Magistrates’Court based on a point of law and appeals from the Victorian Civil and Administrative Tribunal (VCAT).