An appellant on a question of law under s 109 of the Magistrates' Court Act 1989 (Vic) who seeks to challenge findings of fact must tender the transcript or record of evidence from the court below; without that material, the appellant cannot establish that the magistrate's findings were not open. A barrister's retainer with instructing solicitors and a direct agreement with the client for payment of fees are not mutually inconsistent, and costs disclosure obligations under s 175 of the Legal Profession Uniform Law (Victoria) apply to the retainer with the solicitors.
The full text is available to signed-in members.