Criminal law - Murder - Self-defence - Provocation - Evidence - Relationship evidence - Admissibility - Admissible on question of intent - Not admissible as propensity evidence - Expert evidence - Evidence that knife wounds were self-inflicted - Whether a matter for expert evidence - Whether witnesses qualified as experts - Evidence shown to have no proper foundation after being admitted - Trial judge's refusal to withdraw evidence from jury - Conflict in expert evidence - Jury must be satisfied beyond reasonable doubt of the correctness of the preferred evidence - Crimes Act 1958 (No 6231) s 568(1).

Companies - External administration - Deed of company arrangement - Appointment of administrator by secured creditor - Non-disclosure of material information to creditors - Order for termination of deed - Stay of order - Whether stay effective - Whether termination order placed company in voluntary liquidation - Whether uncertain condition imposed on stay - Whether termination order justified - Appointment by company of second administrator - Whether second appointment valid - Insolvency of company - Whether second administration permissible - Corporations Law ss 436A 436C 438A 439C 445D 445E 446A 446B 447C - Corporations Regulations reg 5.3A.07.

Criminal law - Murder - Manslaughter - Circumstantial case - Defence counsel not addressing on manslaughter but requesting direction - Question from jury about elements of murder - Whether trial judge obliged to direct jury on manslaughter - Adequacy of judge's directions - Verdict - Whether unsafe or unsatisfactory - Sentence - Whether manifestly excessive.

Accident compensation - Transport accident - Leave to bring common law proceedings - "Serious injury" - Serious long-term impairment or loss of a body function - Severe long-term mental or severe long-term behavioural disturbance or disorder - Minor physical injury - Psychological reaction - Impairment of body function produced by mental disturbance or disorder - Transport Accident Act 1986 (No 111) s 93(17).

Practice and procedure - Discovery - Legal professional privilege - Joint privilege - Joint retainer of firm of solicitors - Common interest in legal advice - Communications for a dishonest, illegal or improper purpose - Joint venture - Fiduciary duties - Joint venturers retaining different members of same firm of solicitors - "Chinese wall".

Stamp duty - Transfer of marketable securities - Instrument - Giving effect to two or more transactions - Option - Exercise of option - On-sale to subpurchaser - Transfer by original vendor to subpurchaser - Whether dutiable as two transfers - Stamps Act 1958 (No 6375) ss 22(c) 55A(1) Sch 3, heading IV(A).

Criminal law - Petition for mercy - Sentence - Reference to Court of Appeal - Guilty plea at trial - Appeal - Reference treated as appeal at large - Leave to appeal against sentence previously refused - Evidence - Fresh evidence - Whether admissible - Crimes Act 1958 (No 6231) s 584(a) - Supreme Court (Criminal Procedure) Rules 1998 r 2.12.

Negligence - Occupier's liability - Duty of care - Breach - Causation - National park - Plaintiff injured by falling tree in gusty wind - Whether defendant should have erected warning signs - Whether signs would have averted the accident - Wrongs Act 1958 (No 6420) s 14B.

Practice and procedure - Estoppel - Appeal - Leave - Order permanently staying action - Whether interlocutory or final - Whether order based on res judicata - Whether leave to appeal required - County Court Act 1958 (No. 6230) s 74(2D) - County Court Rules r 23.01.

Criminal law - Murder - Provocation - Provocative words - Bitter family law dispute between accused and victim - Whether trial judge erred in withdrawing provocation from jury - Evidence - Admissibility - Evidence of previous threats, victim's fear and accused's predisposition to violence - Whether relevant to murderous intent - Inference of murderous intent - Sentence - Whether manifestly excessive.

Criminal law - Evidence - Admissions - Discretion to exclude - Secretly recorded conversation - Police informers - Murder - Acting in concert - Aiding and abetting - Principal offender convicted of manslaughter - Verdicts - Whether inconsistent.

Criminal law - Sexual offences - Joinder of counts - Several complainants - Separate trials - Cross-admissibility of evidence - Discretion to order separate trials - Evidence - Propensity evidence - Uncharged acts - Complaint - Whether complainant's evidence of complaint should be admitted where no evidence from recipient of complaint - Recipient of complaint dead - Presentment - Particulars of counts - Particulars identifying "occasions" on which alleged offences occurred - Jury question about meaning of "occasion" - Redirection in answer to question - Change in Crown case - Whether fundamental - Whether unfair to accused - Whether verdicts uncertain - Juries - Unauthorised communication between tipstaff and jury - Whether fundamental irregularity - Verdict - Whether unsafe or unsatisfactory - Crimes Act 1958 (No 6231) ss 372 398A(2).

Criminal law - Sexual offences - Assault - Evidence - Admissibility - Uncharged acts - Relevance - Relationship - Context - Complainant's state of mind and behaviour - Standard of proof of uncharged acts - Directions to jury - Separate consideration direction - Propensity warning - Sentence - Totality - Crimes Act 1958 (No 6231) s 398A.

Accident compensation - Workers compensation - Indemnity for employer or insurer paying compensation - Payable by third party otherwise liable for damages - Assessment of indemnity - Based on compensation paid or damages otherwise payable by third party - Interest - Whether included in calculation of indemnity amounts - Negligence - Joint tortfeasors - Contribution - Apportionment - Accident Compensation Act 1985 (No 10191) s 138 - Supreme Court Act 1986 (No 110) s 60(1).

Accident compensation - Workers compensation - Injury arising out of employment - Whether employment a significant contributing factor - Morbid grief reaction following death of child - Mistaken belief that foetus had been exposed to dangerous levels of lead - Appeal - Magistrates' Court - Question of law - Question of fact - Finding by magistrate that injury would probably not have been suffered if the employment had not taken place - Whether magistrate constrained to find the employment was a significant contributing factor - Accident Compensation Act 1985 (No 10191) ss 5(1B) 82(1) - Magistrates' Court Act 1989 (No 51) s 109.

Arbitration and awards - Reference - Notice of dispute - Notice to be given "as soon as reasonably practicable" - Building contracts - Builder sued owner for outstanding progress claim - Owner counterclaimed for liquidated damages - Summary judgment for builder on claim - Builder giving notice of dispute regarding subject matter of counterclaim - Whether builder entitled to stay of counterclaim - Whether notice given "as soon as reasonably practicable" - Whether builder ready and willing to do all things necessary for proper conduct of arbitration - Commercial Arbitration Act 1984 (No 10167) s 53(1)(b).

Criminal law - Murder - Manslaughter - Evidence - Admissions - Secretly recorded conversation - While accused in custody awaiting extradition - Undercover policeman - Evidence excluded at previous trials - Whether evidentiary ruling at earlier trial binding at re-trial - Lies by accused - Consciousness of guilt - Criticism by judge of defence counsel before the jury - Service and Execution of Process Act 1992 s 83.

Juries - Criminal cases - Judge considering written excuses from panel members in chambers - List of potential jurors with non-disqualifying convictions - List provided by police to prosecution - Juries Act 1967 (No 7651) s 13(2).

Criminal law - Sentence - Crown appeal - Manslaughter - Vigilante conduct - Crimes Act 1958 (No 6231) s 567A.

Accident compensation - Workers compensation - Magistrates' Court - Medical panel - Reference of medical question to medical panel - Request for referral by a party - Whether magistrate required to refer - Poorly worded question - - Accident Compensation Act 1985 (No 10191) ss 5 43(3) 45(1)(b).

Criminal law - Drug offences - Importation of heroin - Possession of trafficable quantity of heroin - Attempting to obtain possession of commercial quantity of heroin - Evidence - Admissibility - "Controlled operation" - Request for exemption from detailed customs scrutiny - Whether request complied with retrospective statutory requirements - Warrant - Validity - "General warrant" - Failure to identify person or persons suspected - Listening devices - Secret recording of conversations - Discretion to exclude unlawfully obtained evidence - Hearsay - Out of court statement - Statement of co-conspirator - Whether admissible - Whether reasonable evidence of preconcert - Record of police interview of co-conspirator - Whether admissible - Rule in Browne v Dunn (1893) 6 R 67 - Sentencing - Relevance of prior convictions for dishonesty - Role of accused in drug importing operation - Whether relevant to sentencing discretion - Crimes Act 1914 s 15X - Customs Act 1901 ss 219B 233 233B.

Courts and judges - Judge - Bias - Apprehended bias - Judge formerly acted as counsel for accused.

Criminal law - Murder - Provocation - Objective test - Gravity of provocation - Personal characteristics of accused - Whether relevant to objective test - Direction to jury - Whether adequate.

Criminal law - Murder - Provocation - Objective test - Gravity of provocation - Personal characteristics of accused - Ethnicity - Acts of provocation by person other than victim - Whether provocative acts may be attributed to victim - Mistaken belief of provocation - Crimes Act 1958 (No 6231) s 568(1).

Bankruptcy and insolvency - Provable debts - Claim against solicitor - Claim in contract and tort - Whether a provable debt - Deed of arrangement - Leave of Federal Court required to take step in proceeding in respect of a provable debt - Meaning of "arising otherwise than by reason of a contract" - Bankruptcy Act 1966 ss 82 233(2)(b)(ii).

Accident compensation - Workers compensation - Serious injury - Common law proceeding for damages - Proceeding commenced after 11 November 1997 - Amendments to legislation with retrospective effect to 12 November 1997 - Whether proceeding affected by amendments - Statutes - Interpretation - Retrospective operation - Application to pending proceedings - Accident Compensation Act 1985 (No 10191) ss 135A(2DE) 135A(6A) 138A - Accident Compensation (Miscellaneous Amendments) Act 1997 (No 107) ss 2(2) 47 51.

Practice and procedure - Courts and judges - Judgments, orders and declarations - Appeal - Abandonment - Appellant late in delivering note of proposed contents of appeal book - Application to reinstate appeal - Application dismissed by single judge of appeal - Application to Court of Appeal to discharge or vary single judge's order - Whether hearing de novo - Whether applicant must demonstrate miscarriage of discretion - Supreme Court Act 1986 (No 110) s 11(4) 11(5) - Supreme Court Rules Ch I rr 64.16 64.26(1)(g).

Criminal law - Sentencing - Appeal - Crown appeal - Driving offences - Sentence already completed by the hearing of the appeal - Whether Court of Appeal has jurisdiction to hear appeal - Intensive correction order - Whether period of immediate imprisonment should have been ordered - Pre-sentence report - Adequacy of report - Whether parties should have report before sentence passed - Crimes Act 1958 (No 6231) s 567A - Sentencing Act 1991 (No 49) ss 18Q 19 20 96 97 98 99.

Criminal law - Standard of proof - Meaning of "beyond reasonable doubt" - Request by jury for a dictionary - Whether trial judge erred in providing dictionary to jury - Murder - Sentence.

Accident compensation - Workers compensation - Serious injury - Serious long-term impairment of body function - Identification of body function - Injuries to elbow and shoulder - Whether causing impairment to a single body function - Aggregation of injuries - Separate injuries causing impairment - Injuries arising out of separate and unrelated incidents - Whether aggregation of injuries permissible - Accident Compensation Act 1985 (No 10191) ss 5 135A(19)(a).

Bankruptcy and insolvency - Companies - Winding up - Preferential claim - Unfair preference - Voidable transaction - Payments to partially secured creditor - Part payments of debt - Comparison with likely return to creditor in "a winding up" - Actual or hypothetical winding up - Whether comparison with return on whole or part of debt - Whether payments made to creditor as secured creditor - Whether payments constituted discharge or release of security - Appeal - Whether point conceded below - Corporations Law ss 588FA 588FE.

Practice and procedure - Group proceeding - Courts and judges - Rules of Court - Validity - Damages - Assessment - Rule permitting court to assess aggregate amount of damages - Whether a change to substantive law - Whether within court's rule-making power - Extra-territoriality - Constitutional law - Judicial power - Supreme Court Act 1986 (No 110) ss 25(1)(a) 25(1)(f) 34 35 - Federal Court Act 1976 Pt IVA - Commonwealth Constitution Ch III - Supreme Court Rules Ch I O 18A.

Landlord and tenant - Retail tenancies - Option to renew - Exercise - Validity - Tenant in default under lease - Landlord failing to give statutory notice - Whether term of lease extended by statute - Notice purporting to exercise option - Whether effective to determine lease - Arbitration - Jurisdiction - Retail Tenancies Act 1986 (No 106) s 14.

Criminal law - Sentencing - Drug offences - Importation of trafficable quantity of heroin - Co-operation with authorities - Judicially expressed guidelines - Consistency in sentencing - Customs Act 1901 s 233(1)(b) - Crimes Act 1914 s 21E.

Negligence - Highways, streets and roads - Occupier's liability - Nonfeasance - Liability of local council - Immunity of highway authorities - "Artificial structure" exception - Plaintiff tripped in depression in footpath caused by tree roots - Tree planted by council pursuant to express statutory power - Whether immunity of highway authorities applicable - Local Government Act 1989 (No 11) s 205(2) - Local Government Act 1958 (No 6299) s 555.

Criminal law - Sentence - Culpable driving causing death - Driving while intoxicated - Victim in joint enterprise with offender - Relevance of victim's conduct - Whether a mitigating factor.

Defamation - Privilege - Absolute - Qualified - Medical practitioners and services - Medical Board - Complaint against medical practitioner - Preliminary investigation - Complaint not established - Minute of board resolution that complaint not established - Letters from board to complainant and practitioner notifying outcome of investigation - Allegation by practitioner of defamation in the board minute and letters - Whether defence of absolute privilege available - Whether defence of qualified privilege available - Medical Practice Act 1994 (No 23) ss 3 24.

Practice and procedure - Discovery - Confidential information - Disclosure of identity of persons with access to confidential information - Norwich order - Whether available against party to proceeding - Order for disclosure of use of confidential information - Discovery before close of pleadings - Non-party discovery before close of pleadings - Supreme Court Rules Ch I rr 29.07 32.07.

Accident compensation - Workers compensation - Claim for lump sum compensation - Statutory requirement for conciliation - Statutory offer and counter-offer - Deemed offer when no actual offer made - Costs - Statutory regime for costs - Based on comparison between judgment amount and amounts of offer and counter-offer - Whether applicable to deemed statutory offer of nothing - Statutes - Interpretation - Retrospective operation - Accident Compensation Act 1985 (No 10191) ss 50(2A) 98 104 - Accident Compensation (Miscellaneous Amendment) Act 1997 (No 107) s 2(2).

Practice and procedure - Application - Ex parte - Extension of time for service of writ - Writ - Issue - Authority - Writ issued without authority of named plaintiff - Subsequent ratification by plaintiff - Failure to disclose initial want of authority on application for extension of time for service - Whether material non-disclosure - Whether plaintiff had ratified issue of writ by the time of the application.

Defamation - Libel - Practice and procedure - Pleading - Imputations - Pleaded meanings - Whether plaintiff can succeed on meaning not pleaded - Defence - Justification - Denial of plaintiff's pleaded imputations - Whether defendant entitled to justify alternative imputations - Whether defendant required to plead alternative imputations - Particulars of justification - Supreme Court Rules Ch I rr 13.07(1) 13.10.