The Judicial Registrar refused summary dismissal of a self-represented plaintiff's tort claims against the State of Victoria arising from police conduct, finding the claims were not entirely without foundation or fanciful, particularly given an arguable duty of care owed to persons in police custody. The amended statement of claim was struck out in its entirety under r 23.02 for failure to properly plead material facts and elements of each cause of action, but leave was granted to re-plead claims based in tort. The non-tortious claims (Charter rights, privacy, discrimination, fiduciary duty, constitutional breaches) were effectively excluded from the re-pleading, consistent with the plaintiff's own concession.
The full text is available to signed-in members.