Equity - Fiduciary duties - Nature of fiduciary duties - Proscriptive not prescriptive in nature - No positive duty to disclose past wrongdoing - Whether claim ought to be struck out - Whether cause of action.

Criminal law - Rape - Indecent assault - Directions to jury - Direction as to reasonableness of accuseds belief that victim consenting - Requirement to relate law to facts in issue - Requirement to summarise evidence - Evidence - Lies by accused in record of interview - Jury not adequately directed as to lies - Crimes Act 1958 (No 6231) ss 37(1)(c) 38(2) 39

Land tax - Exemption - Land vested in a body providing or promoting cultural or sporting recreation - Former football stadium - Conclusive evidence - Prima facie evidence - Land Tax Act 1958 (No 6289) ss 9(1)(g) 20(1)

Accident compensation - Workers compensation - Work-related death - Dependency claim - Domestic partner - Deceased workers earnings very small - Claimants earnings substantially greater than those of deceased worker - Claimant partly dependent on deceased workers earnings - Two-stage test for entitlement - Statutory fiction calling for claimants earnings to be disregarded - Claimant mainly dependent on workers earnings by application of statutory fiction - Overlapping definitions of "dependant" and "dependent partner" - Accident Compensation Act 1985 (No 10191) ss 82(2) 92A

Tort - Negligence - Duty of care - Pure economic loss - Private building surveyor - Grant of building permit - Construction of new dwelling - Surveyors negligent failure to detect critical design flaw in building plans - Serious structural deficiencies - Partial collapse of foundations of dwelling - Need to demolish and rebuild - Salient features of surveyors relationship with subsequent purchasers - Whether duty of care owed by surveyor to subsequent purchasers - Building Act 1993 (No 126) - Building Regulations 1994 - Sale of Land Act 1962 (No 6975) s 32(1A)

Administration and probate - Duties of executors - Ashes of cremated body - Whether ashes should be divided - Jurisdiction of court to intervene.

Criminal law - Extended supervision order - Meaning of "satisfied, to a high degree of probability, that the offender is likely to commit a relevant offence" - Appeal provisions - Matters to consider in making finding that offender likely to commit relevant offence - No power to send case back for reconsideration - Choice between revoking extended supervision order and confirming decision of court below - Serious Sex Offenders Monitoring Act 2005 (No 1) ss 1 4 5 7 8 11 15 16 36 37 38 39

Criminal law - Murder - Complicity - Common purpose - Extended common purpose - Mens rea of extended common purpose - Aiding and abetting - Whether judge erred in directions as to common purpose, extended common purpose or aiding and abetting - Manslaughter - Unlawful act manslaughter - Manslaughter by extended common purpose - Whether judge erred by failing to leave manslaughter by extended common purpose as available alternative verdict - Markby manslaughter - Whether judge erred by failing to leave Markby manslaughter as separate available alternative verdict - Provocation - Whether judge erred by failing to leave provocation as available partial defence - Causing serious injury intentionally - Commission of offence by extended common purpose - Need for accessory to foresee intentional causing of serious injury by co-offender - Trial - Whether judge erred by failing to order separate trials for co-accused - Evidence - Consciousness of guilt - Lies - Need to identify lies said to evidence consciousness of guilt - Bad character of accused - Appeal against conviction allowed in part - Sentencing - Resentencing substantially in accordance with trial judge's disposition.

Banks and banking - Bills of exchange - Cheques - Non-negotiable cheques - Endorsements by directors to related parties - Whether proceeds collected "in good faith and without negligence" - Liability of bank - Cheques Act 1986 (Cth) s 95(1)

Employer and employee - Long service leave - Entitlement - Casual employee - Non-continuous contractual relationship - Non-continuous performance of work - "Employee" - "Continuous employment" - Long Service Leave Act 1992 (No 83) ss 56 62

Statutes - Interpretation - Presumptions - Presumption from re-enactment after judicial interpretation - Specific statutory words - Identification of relevant ratio decidendi.

Criminal law - Murder - Trial - Fair trial - Direct presentment without committal proceeding - Application for stay of proceeding pending hearing and determination of committal proceedings - Right of Crown to make direct presentment - Whether accused unfairly deprived of right to cross-examine witness - Relevance of availability of Basha inquiry - Crimes Act 1958 (No 6231) s 353 - Magistrates' Court Act 1989 (No 51) s 56(1)(a)

Criminal law - Judicial review - County Court - Permanent stay of counts on presentment ordered by trial judge - Counts of rape and procuring acts of sexual penetration by threats or intimidation - Whether counts true alternatives - Whether error of law - Crimes Act 1958 (No 6231) ss 38 57(1) 455 - County Court Act 1958 (No 6230) s 36A - Administrative Law Act 1978 (No 9234) s 12

Criminal law - Practice and procedure - Murder - Notice of alibi listing Crown witnesses - Whether notice effective - Crimes Act 1958 (No 6231) ss 399A 399B

Criminal law - Confiscation of property - Restraining order - Judge to consider whether to order notice be given - Common law right to be heard - Confiscation Act 1997 (No 108) ss 14 15 16 17 18 19 20

Criminal law - Sentencing - Drugs - Trafficking in commercial quantity of drug of dependence - Ecstasy - Harmfulness of drug an irrelevant consideration when sentencing - Sentencing hierarchy in statutory scheme based only on quantity of drug trafficked - Obligation of judge to give notice of factors to be taken into account in sentencing - Drugs, Poisons and Controlled Substances Act 1981 (No 9719) ss 71AA 72B Sch 11

Testator's family maintenance - Application for extension of time to make application - Adult child - Testator dying in 1981 - Large estate - Plaintiff left legacy of $50,000 and net income of fund of $750,000 - Plaintiff 23 years out of time - Whether final distribution of entire estate - Whether delay excusable - Plaintiff unaware of full terms of father's will or size of estate until 2005 - Whether plaintiff delayed acting after becoming aware of her rights - Discretionary factors - Arguable failure to make adequate provision - Administration and Probate Act 1958 (No 6191) ss 91 99

Criminal law - Factories, shops and industrial safety - Sentence - Employer's obligation to ensure safe working environment for employees - Whether liability of corporate employer direct or by attribution to employer of manager's acts and omissions - Sentence not manifestly excessive - Occupational Health and Safety Act 1985 (No 10190) s 21

Criminal law - Sentence - Offences committed when on parole - Usual rule that sentence imposed for offences committed while on parole be served cumulatively - Requirement to consider existence of exceptional circumstances - Principle of totality - Sentencing Act 1991 (No 49) ss 5(2AA)(a) 16(3B)

Criminal law - Crown appeal - Award for compensation - Director's right to appeal against order for compensation made under s 85B of the Sentencing Act 1991 - Role of double jeopardy in such appeals - Powers of director under s 567A of the Crimes Act 1958 - Crimes Act 1958 (No 6231) ss 566 567A - Sentencing Act 1991 (No 49) ss 85A 85B

Accident compensation - Transport accident - Transport Accident Commission - Claim for indemnity - Single motor vehicle accident - Negligence - Res ipsa loquitur - Applicability - Requirements - Whether absence of explanation of accident - Trial judge rejecting defendant's explanation - Relevance of expert evidence.

Practice and procedure - Appeal - Party permitted to withdraw concession made at trial.

Defamation - Discovery - No affirmative defence pleaded - Presumption of falsity - Claims for aggravated and exemplary damages - Allegation that defendant failed to ascertain facts from plaintiff - Facts not thereby put in issue - Defendant not entitled to discovery of documents pertaining to false issue.

Practice and procedure - Supreme Court - Appeal - Leave - Costs - Interlocutory orders - Impecunious plantiff in person - Costs remaining unpaid by plaintiff - Order staying proceeding indefinitely unless costs paid - Defendant harassed by persistent unsuccessful interlocutory applications and appeals - Stay having effect of ending litigation - Whether stay the only way of achieving justice - Leave to appeal refused - Supreme Court Rules Ch I r 63.03(3)

Criminal law - Juries - Jury pools - Jury panels - Juries Commissioner - Jury pool supervisor - Powers - Inquiries of pool members as to availability for long trials - Neither commissioner nor supervisor empowered to adjudicate on excuses for unavailability proffered by pool members - Strict construction of legislation - Juries Act 2000 (No 53) ss 8 29(4A)

Criminal law - Theft - Defences - Alibi - Burden of proof - Directions - Sentencing - Mitigation - Inordinate delay in prosecution - Evident rehabilitation of each accused.

Criminal law - Bail - Relief against forfeiture - Application by surety - Principles - Serious nature of surety's obligations - Court's reliance on surety - Relevance of financial impact - Taking all reasonable steps - Whether genuine surety - Crown Proceedings Act 1958 (No 6232) s 6(4)

Criminal law - Manslaughter - Unlawful and dangerous act - Dangerousness - Objective test - Accused an adolescent - Whether accused's age to be taken into account.

Accident compensation - Workers compensation - Entitlement - Medical panels - Binding opinions - Abolition and restoration of common law right to sue for damages - Effect of restoration on amended medical panels scheme - Prior panel opinion concerning statutory benefits claim - Later application to institute common law claim - Whether County Court bound by panel opinion - Accident Compensation Act 1985 (No 10191) ss 45(1A) 68(4) 134AB

Statutory interpretation - Purposive interpretation - Context - History - Literal interpretation productive of manifest absurdity.

Real property - Caveat - Caveatable interest - Interest of holder of units in unit trust - Whether beneficial interest in trust property - Whether registrable instrument or right to compel delivery of such instrument required to found caveat - Transactions between person claiming to be unit holder and director of trustee companies - Trustees denying all knowledge of transactions - Whether serious question to be tried - Balance of convenience - "Otherwise" - Transfer of Land Act 1958 (No 6399) ss 89(1) 90(3)

Criminal law - Drink-driving offence - Right to silence - Silence of accused after police caution used to impugn credibility of accused as witness - Certiorari - Whether error of law on face of record - Sufficient that error may have affected outcome of case - Administrative Law Act 1978 (No 9234) s 10 - Road Safety Act 1986 (No 127) ss 49(1)(f) 49(4)

Criminal law - Receiving funds from terrorist organisation - Possessing falsified Australian passport - Evidence - Confession - Whether confessional statements voluntary - Whether admission of record of interview unfair or contrary to public policy - No access to legal representation - Crimes Act 1914 (Cth) ss 3A, 23G

Criminal law - Appeal - Convictions quashed - Proposed directed verdicts of acquittal - Prosecution seeking retrial - Discretion - Interests of justice - Fresh evidence - Alleged incriminating statements of accused published following conviction - Evidence unknown to and unknowable by prosecution at time of trial - Retrial ordered - Crimes Act 1958 (No 6231) s 568(2)

Criminal law - Road traffic offences - Driver's licences - Restrictions - "Z" endorsed licence - General prohibition on driving with excess blood/alcohol concentration - Specific prohibition on driving with any blood/alcohol concentration - Whether provision created one offence or two - "Prescribed concentration of alcohol" - Road Safety Act 1986 (No 127) ss 49(1)(b) 49(1)(f) 52

Practice and procedure - Vexatious litigant - Application for leave to bring proceedings - Proposed claim against cigarette manufacturer for damages for personal injuries - Eight earlier unsuccessful applications - Two-tiered approach - Whether court could be satisfied that proposed proceedings were not abuse of process - If so satisfied, court's discretion to grant leave - Whether bringing multiple applications before different judges evidence of abuse of process - Whether plaintiff's outstanding costs to defendant bar to plaintiff bringing proceedings - Supreme Court Act 1986 (No 110) s 21(4)

Criminal law - Bail - Pending appeal - Exceptional circumstances - Likelihood that non-parole period will have expired before appeal heard - Distinction between non-parole period and partly suspended sentence should not be maintained - Bail granted.

Criminal law - Evidence - Cross-examination - Document used to refresh memory - Extent to which memory refreshed not established with precision - When tender may be compelled - Time at which application for compulsory tender may be made - Whether cross-examination went beyond limit of witness's use of document to refresh memory - Whether documents so tendered evidence of facts in issue.

Accident compensation - Workers compensation - Proscription on recovering damages for injury suffered between 12 November 1997 and before 20 October 1999 - Prescribed circumstances for recovering damages for injury suffered after 20 October 1999 - Necessary preliminary step for plaintiff to show he or she suffered a compensable injury after 20 October 1999 - Principles to be applied to plaintiff's claim - Employment before and after 20 October 1999 - Nature of appeal - Accident Compensation Act 1985 (No 10191) ss 134AB 134AD 134A

Accident compensation - Workers compensation - Leave to bring common law proceedings - Serious injury - Physiological change - Impairment to body function not sufficient - Serious injury arising on or after 20 October 1999 - Necessary for injury to be linked to employment on or after that date - Permanent serious impairment - Necessary to demonstrate likelihood that impairment would last for foreseeable future - Loss of earning capacity - Suitable alternative employment - Whether concerned with practicalities of worker's employability - Onus of proof - Accident Compensation Act 1985 (No 10191) ss 5 134AB(1) 134AB(2) 134AB(16) 134AB(37) 134AB(38) 134AD

Courts - Appeals - Court of Appeal - Appeal from County Court - Accident compensation - Workers compensation - Appeal from determination regarding serious injury - Principles and constraints - Court directed to "decide for itself" - Meaning and effect - Accident Compensation Act 1985 (No 10191) ss 134AC s 134AD

Criminal law - Theft - Evidence - Admissibility of statements in documents - Documents made in the course of a business - Evidence Act 1958 (No 6246) s 55

Land - Valuation - Land containing heritage-listed building - Fire-damaged building - Melbourne General Post Office - Supplemental valuation - Reduction in site, capital improved and net annual values - Building restoration costs exceeding pre-fire capital improved value - Existing use - Regard to be had to potential for change of use - Valuation of Land Act 1960 (No 6653) ss 2(8) 5A

Statutes - Interpretation - Literal interpretation - Two provisions in same Act - Uncertainty as to "mischief" at which prevailing provision directed - "Unless otherwise expressly provided" - "Despite anything in this Act".

Criminal law - Motor vehicles - Road safety - Preliminary breath test - Whether necessary to prove preliminary breath test conducted by prescribed device - Whether certificate of breath analysis proved prescribed concentration of alcohol in breath of accused - Whether "exhaled air" and "breath" have same meaning - Road Safety Act 1986 (No 127) ss 3 47 49(1)(f) 53 55