IN THE WILL OF MATHEWSVLR 1
Will — Construction — Mis-description — Falsa demonstratio — "Equally divided" — Division per capita and not in moieties.
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Cases reported in this volume of the Victorian Reports
Will — Construction — Mis-description — Falsa demonstratio — "Equally divided" — Division per capita and not in moieties.
Company — Alteration of objects — "Conveniently or advantageously combined with the business of the company" — Scope of alteration permissible — Modification of special resolution — Companies Act 1915 (No. 2631), s. 17 (1) (d), 4.
Principal and Agent — Mortgage — Contract to obtain loan on — Secret profit made by agent — Agent guaranteeing, for a consideration, repayment of loan — Non-disclosure — Remedy of principal — Fiduciary relation — Account between parties — Whether secret profit should be credited to account or paid to principal.
War Precautions Act 1914-1916 (Moratorium) Regulations — Statutory Rules 1916 (No. 284) — Principle on which applied — Mortgagees' applications.
Easement — Access of air — City of Melbourne Building Act (13 Vict., No. 39), ss. 3, 4, 32 — External wall — Openings left when built — Whether within s. 32 — Easement gained by user for 20 years — Effect on rights under s. 32 — Pleading easement — Sufficiency of plea — Lost grant — Mortgagee in possession — Title by adverse possession — Assignment by registered proprietor to trustees for benefit of creditors — Agreement under seal by mortgagee and one of trustees and registered proprietors of servient tenement — Release of easement and licence to maintain openings — Subsequent transfer by mortgagee of dominant tenement to purchaser of estate of registered proprietor in dominant tenement — Caveat to protect agreement — Notice to purchaser — Clean certificate of title to purchaser — Validity of release and licence — Whether purchaser bound by release — Order XXV., r. 5, of Rules of Supreme Court 1906 — Declaratory judgment — Real Property Act 1915 (No. 2719), s. 43 — Transfer of Land Act 1904 (No. 1931), s. 10 — Transfer of Land Act 1915 (No. 2740), ss. 4, 72, 87, 148.
County Court — Appeal — Notice of appeal — Service — Time for — Service after four o'clock — Effect of — Security for costs of appeal — Deposit of money — Notice to respondent — Whether condition precedent — County Court Act 1915 (No. 2636), ss. 133, 148 — County Court Rules 1891, r. 385 — Rules of the Supreme Court 1916, Order LXIV., r. 11; Order LXX., rr. 1, 1 (a).
Licensing — Licensing Act 1915 (No. 2683), s. 161 — Intoxicating Liquor (Temporary Restriction) Act 1915 (No. 2584), 7 (b) — Sale of liquor — Onus of proof — Evidence, uncontradicted — Justices — Stating reasons for decision.
Trusts — Trust moneys paid into Court — Payment out — Application for — How made — Petition — Trusts Act 1915 (No. 2741), s. 63.
Justices — Order to review — Powers of Supreme Court — Question of fact — No conflict of evidence — No question of credibility — Decision opposed to only reasonable inference from evidence — Test applied by Supreme Court — Justices Act 1915 (No. 2675), ss. 150, 155.
War precautions — War Precautions Act 1914-15 — Moratorium Regulations — Statutory Rules 1916, No. 283, clause 13 (1) — Proceedings against a member of the Forces — Hardship to female dependant.
War Precautions — War Precautions Act 1914-1916 (Moratorium) Regulations — Statutory Rules, 1916, No. 284 — Application for leave — Persons entitled to be heard — Second mortgagee.
Criminal law — Evidence — Carnally knowing girl under sixteen years of age — Certificate of birth — Identity — Statements as to name and date of celebration of birthday — Hearsay — Personal appearance — Crimes Act 1915 (No. 2637), s. 44 — Registration of Births, Deaths, and Marriages Act 1915 (No. 2720), ss. 8, 10, 50.
Stamps — Duty — Contract for purchase of land — Sale of part — Transfer by original seller to sub-purchasers — Transfer of balance to original purchaser — "Amount or value of the consideration for the sale" — Rate of duty — Stamps Act 1915 (No. 2728), ss. 17, 22, 68, Third Schedule, VI. (B) (4).
Nuisance — Rebuilding operations — Injury to goods in neighbouring tenement caused by dust — Independent contractor — Liability of owner — Landlord and tenant — Covenant for quiet enjoyment — Breach — Damages — Travelling and hotel expenses.
War precautions — Moratorium — Guarantor — How affected — Creditor's right to sue principal debtor suspended — Whether right to sue guarantor thereby affected — War Precautions Act 1914-1916, s. 4 — War Precautions (Moratorium) Regulations: Statutory Rules 1916, No. 284, No. 324; 1917, No. 13.
Licensing — Sunday trading — Licensed premises — Inn — Non-intoxicating liquor, sale of — Sunday — Business of licensed victualler — Police Offences Act 1915 (No. 2708), s. 49 — Licensing Act 1915 (No. 2683), s. 318.
Will — Charity — Gift to — Bequest for masses for testator's soul — Not a charitable purpose — Gift to be divided between charitable institutions as a named person thinks fit — General charitable intention — Cy-prs.
Practice — Attachment — Costs of order to review — Non-compliance with order for payment — Copy affidavit of service — Notice of motion — Copy not served with — Imprisonment of Fraudulent Debtors Act 1915 (No. 2667), ss. 3, 4 — Rules of Supreme Court 1906, Order LII., r. 4.
Factories and Shops — Factories and Shops Act 1915 (No. 2650), ss. 133, 171 — Special Board — Determination — Two determinations dealing with same subject — Builder's labourer — Asphalter's labourer — Meaning of.
Will — Trust for sale — Postponement of sale — Lease — Jurisdiction to authorize lease for definite period — Settled Land and Estates Act 1915 (No. 2725), ss. 132-136.
Will — Charity — Gifts to charities of income of funds directed to be invested by the trustees — Charities not entitled to call for payment to them of corpus — Parties — Joinder of Attorney-General.
Criminal law — Mens rea — Wilfully making false statements — Honest belief in right to make — Mistake of law — Registration of Births, Deaths, and Marriages Act 1915 (No. 2720), s. 22.
Insolvency — Compulsory sequestration — Petition and order nisi — Statement therein that debt wholly unsecured — Debt in fact a secured debt — Security of no value — Whether defect fatal — Whether curable by statement of counsel on return of order nisi that petitioning creditor willing to give estimate of value of security — Amendment, power of — Insolvency Act 1915 (No. 2671), ss. 35 (2), 41, 49.
Marine stores — Licence as dealer — Application for — Powers of justices — Consent of Council not obtained — Consent not a condition precedent — Marine Stores and Old Metals Act 1915 (No. 2689), s. 28 — Health Act 1915 (No. 2665), s. 286.
Administration and probate — Grant of letters of administration — Sureties to bond — Secured creditors — Notice to — Dispensing with sureties — Practice — Administration and Probate Act 1915 (No. 2611), s. 18.
Transfer of land — Priority — Equitable mortgage of land — Subsequent transfer without notice — No caveat at date of search by transferee — Unregistered interest — Agreement to withdraw transfer — Subsequent re-lodging without notice to mortgagee — Registration of transfer — Careat treated by Office of Titles as lapsed, although transfer withdrawn — Practice of Office of Titles — Amending Act — Transfer of Land Act 1915 (No. 2740), ss. 67, 72, 179, 184, 196-200 — Transfer of Land Act 1916 (No. 2849), s. 12 — Parties — Joinder of original registered proprietor — "Fraud" — What constitutes — Contract — Consideration — Forbearance to sue — Mutual mistake as to rights.
Divorce — Desertion — Just cause or excuse — Wife refusing shortly after the birth, after marriage, of child of which husband not the father, to separate herself from child and return to husband — Whether such refusal justified — Marriage Act 1915 (No. 2691), s. 122 (a).
Police offences — Police Offences Act 1915 (No. 2708), s. 72 (9) — Suspected person — "Loitering" — Evidence of.
Settlement — After acquired property — Covenant to assign to trustees — Contingent interest — Interest of settlor as next of kin under a will in event of death of beneficiary under 25 — Settlor surviving testator but predeceasing beneficiary — Contingent interest caught by covenant.
Police offences — Street betting — "Street" — Meaning of — Enclosed ground — Access restricted — Charge for admission — Whether a "street" — Unrestricted access — Colourable attempt at or pretence of restriction — Effect of — Police Offences Act 1915 (No. 2708), ss. 33, 104, 106, 150.
Practice — Costs — Scale — Judgment for sum not exceeding 50l. — Special order — Time for application — Judge in Chambers — Jurisdiction to make — Rules of the Supreme Court 1916, Order LXV., r. 12.
Customs — Duty — Classification for — Motor cars, lorries, and waggons — Chassis — Motor engines and trailers — Action to recover duty alleged to have been overpaid — Payment under protest — Customs Tariff 1908-1911 — Customs Act 1901-1910, s. 167.
Practice — Trial, mode of — Jury — Right to — Cause previously "within the cognizance of the Court in its Equitable Jurisdiction" — Action on promise of testator to leave bequest as remuneration for work done — Rules of Supreme Court 1906 and 1916 — Order XXXVI., rr. 3, 4, 6, 7a — Supreme Court Act 1915 (No. 2733), s. 16.
Criminal law — Procedure — Prisoners jointly presented — Evidence on oath and statements — Right of reply — Order of addresses and evidence — Crimes Act 1915 (No. 2637), s. 449 — Crimes Act 1915 (No. 2) (No. 2789), ss. 2 (8) (9).
Factories and shops — Master and servant — Apprenticeship, indenture of — Form prescribed by Woodworkers' Board — Wages, non-payment during period works closed — Factories and Shops Act 1915 (No. 2650), s. 188.
Insolvency — Action for declaration that plaintiffs entitled to land and proceeds of crop and for interest and damages — Sequestration of defendant's estate, effect of — Insolvency Act 1915 (No. 2671), s. 174.
Evidence — Practice — Application to seal South Australian probate — Affidavit made out of Victoria — South Australia — Justice of the peace of that State — Authority to administer an oath in that State — Purported authority — Judicial notice — Evidence Act 1915 (No. 2647), s. 116 — Administration and Probate Act 1915 (No. 2611), s. 51.
Will — Executrix — Passing accounts — Commission — Application under liberty to apply in order on originating summons — Costs — Whether out of estate — Administration and Probate Act 1915 (No. 2611), s. 34.
Will — Executor — Passing accounts — Commission — Application under originating summons — Accounts already accepted by beneficiaries — Costs of application — Payment by executor — Commission sole object of summons — Administration and Probate Act 1915 (No. 2611), s. 34.
Education — Failure to cause child to attend State school — Reasonable excuse — Illegitimate child — Subsequent marriage of parents — Whether father liable — Contradictory views of parents — Education Act 1915 (No. 2644), ss. 25, 30, 34.
Criminal law — Murder — Bail, subject to accused reporting himself to police — Special circumstances — Necessity for personal inquiry for evidence.
Local government — By-law — Validity of — Hoardings, construction of — Advertisements, affixing of — Prohibition of unless with consent of council — Absence of provision as to nature of hoarding or advertisement permitted or prohibited — Discretion of council — Unreasonableness — Absence of appeal — Local Government Act 1915 (No. 2686), s. 198 — Supreme Court Act 1915 (No. 2733), s. 203 — Rule nisi to quash.
Practice — Ascertainment of damages — Mode of — Default in delivery of defence — Interlocutory judgment entered — Whether damages to be ascertained by Prothonotary or jury — Facts to be regarded — Difficulty of assessment — Rules of the Supreme Court 1916 — Order XXVII., r. 4.
Practice — Specially indorsed writ — Final judgment — Leave to defend — When to be allowed — Arguable defence — War precautions — Moratorium — Whether applicable — "Mortgagor," meaning of — Whether guarantor of debt secured by mortgage included — "Fluctuating advance" by way of bank overdraft, meaning of — War Precautions Act 1914-1916, s. 4 — War Precautions (Moratorium) Regulations, Statutory Rules 1916, No. 284, No. 324; 1917, No. 13, No. 76 — Rules of the Supreme Court 1916 — Order XIV., r. 1.
Barrister and solicitor — Articled clerk — Articles — Evidence of having passed examinations — Failure to produce before entering into articles — Enlargement of time for production of evidence — Power to order in such case — Consolidated Rules for the Admission of Barristers and Solicitors, 19th April 1915, rr. 19, 40.
Contract — Suspensory clause — War, effect of — Contract dissolved as to future performance — Claim for price of goods sold and delivered before war — Price to be fixed by London quotations — London quotations ceasing to represent world's market — Whether right to recover price terminated or suspended — Implied condition — Alien enemy — Liability to be sued — Intercourse with enemy, what is — Australian agent of alien enemy — How far authority of revoked by war — Enemy Contracts Cancellation Act 1915 (No. 2063) — Commonwealth Enemy Contracts Annulment Act, No. 11 of 1915.
Practice — Judgment of Supreme Court — Appeal to High Court of Australia — Variation of judgment — Order for payment — Interest on judgment debt — Date from which payable — Supreme Court Act 1915 (No. 2733), s. 181 — Judiciary Act, No. 6 of 1903, s. 37.
Conciliation and arbitration — Organization — Branch — Separate authority of — Recovery of contributions from member — Whether proceedings may be taken by and in name of branch — Commonwealth Conciliation and Arbitration Act 1904-1915, ss. 4, 68.
Criminal law — Larceny — Appeal — Bail — Special circumstances — Appeal not heard for two months — Crimes Act 1915 (No. 2637), ss. 605, 608.
Will — Interpretation — Gift for donee's own use — Gift over of "what is left" — Life estate and remainder — No repugnancy or uncertainty.
Administration and probate — Probate — Soldier's will — Testator under twenty-one years of age — "Being in actual military service" — Wills Act 1915 (No. 2749), ss. 6, 10.
Will — Interpretation — Misdescription — Bequest of funds under settlement — Previous revocation of settlement — Transfer of securities of funds to testatrix.
War precautions — Moratorium — Practice — Pleading — Fluctuating advance made by way of bank overdraft — Application for determination that Moratorium Regulations should apply — Whether application may be made by way of defence to action — Statement in defence that such application will be made — Whether proper — War Precautions (Moratorium) Regulations: Statatory Rules 1916, Nos. 284 and 342; 1917, Nos. 13 and 76 — Rules of Supreme Court 1916 — Order XIX., r. 27.
Conciliation and arbitration — Powers of registered organization — Publication of newspaper — Whether ultra vires — Commonwealth Conciliation and Arbitration Act 1904-1915, ss. 55, 58, 66, Schedule B.
Transfer of Land — Adverse possession — Application for vesting order — Applicant not in possession at time of application — Registered owner in possession — Transfer of Land Act 1915 (No. 2740), ss. 72, 87, 89, 244, 248, Schedule VI.; Transfer of Land Act 1916 (No. 2849), s. 28.
Police offences — Obscene pictures — Wilfully exposing to view in a public place — What is — Police Offences Act 1915 (No. 2708), s. 72 (4).
Police offences — Highway — Obstruction — Cart remaining across road — Reasonable user — Lawful user — Use of street for exchange of goods between carriers — Police Offences Act 1915 (No. 2708), s. 5 (14) — Practice — Order to review — Test case — Affidavit of facts not before justices.
Licensing — Lease — Reduction of hours of trading — Adjustment of rent — Agreement between the parties — Lease of hotel, transfer of — Fine on transfer — Refusal of consent, whether reasonable — "Provision to the contrary" — Conveyancing Act 1915 (ss. 24, 25) — Intoxicating Liquor (Temporary Restriction) Act 1915 (No. 2584) — Licensing (Rents and Fees Adjustment) Act 1915 (No. 2776), s. 4 — Intoxicating Liquor (Temporary Restriction) Act 1916 (No. 2827) — Licensing Act 1916 (No. 2855), s. 49, 2nd Schedule, clause (d).
Licensing — Drinking on unlicensed premises during prohibited hours — "Subsequent offence" — Previous offence against repealed Act — Intoxicating Liquor (Temporary Restriction) Act 1915 (No. 2584), s. 5 — Licensing Act 1916 (No. 2855), s. 22.
Thistle Act — Failure to destroy thistles — Notice to owner or occupier — Notice served on firm — Information against individual members — Insufficiency of notice — Thistle Act 1915 (No. 2736), s. 4.
Trust — Husband and wife — Title to land and money in Savings Bank in name of deceased wife — Claim by husband to land and money — Secret written declaration of trust by wife — Property put into wife's name for purpose of defeating future creditors — Illegality — Intention to defeat creditors not carried out — Right of husband to recover property — Trusts Act 1915 (No. 2741), s. 71 — Married Woman's Property Act 1915 (No. 2692), ss. 5, 10, 13 — Stamps Act 1915 (No. 2728), 3rd Schedule, IX. (2) — Declaration as evidence of existing trust only — Appeal — Question of fact — Attitude of appellate Court.
War precautions — Statements prejudicial to recruiting — Consent to prosecution — Official signature of Minister — Judicial notice — "Particular" and "general" facts — Abetting in making statements — What constitutes — War Precautions Act 1914-1916, s. 6 (3A) — Statutory Rules, No. 28 of 1915 — Commonwealth Evidence Act (No. 4 of 1905), s. 4.
Practice — Evidence — Interrogatories — Libel — Privilege — Answer tending to criminate — Extent of privilege — Form of objection to answer — Evidence Act 1915 (No. 2647), ss. 26, 29 — Rules of Supreme Court 1916 — Order XXXI., rr. 6, 11.
Criminal law — Larceny — Receiving stolen goods — Proof of ownership — Evidence — Admissibility — imported goods — Marks and brands on goods corresponding with marks and brands on goods referred to in shipping documents.
Court of Industrial Appeals — Remission of matter to Special Board for review — Jurisdiction — Cost of living — Ground of remission — Factories and Shops Act 1915 (No. 2650), ss. 176, sub-s. (9), 179, 180.
County Court — Practice — Interrogatories — Second set — Jurisdiction — County Court Act 1915 (No. 2636), s. 81.
Defamation — Pleading — Libel — Report of Parliamentary proceedings — Composite plea of fair report and fair comment — Comment in form of statement of fact — Particulars under plea of fair comment — Rules of Supreme Court 1916 — Order XIX., r. 27 — Application to strike out — Existence of basis for comment — When to be finally ascertained — Determination by Judge at trial.
Defamation — Libel — Report of Parliamentary proceedings — Fair comment, basis of — Fair report — Matters material to interpretation of words complained of — Speeches in Parliament — Context, limited use of — Mitigation of damages.
Criminal law — Evidence — Admissibility — Charge of false pretences — Introduction in cross-examination of Crown witness of evidence irrelevant to particular charge, but capable of influencing jury in relation thereto — Right of Crown to call explanatory evidence — Appeal — Crimes Act 1915 (No. 2637), Part V.
Evidence — Physician or surgeon — Patient — Privilege — Divulging information — Honorary physician to public hospital — Evidence Act 1915 (No. 2647), s. 28.
Criminal law — Poor prisoner — Application for legal aid for defence — Poor Prisoners Defence Act 1916 (No. 2831), ss. 2, 3 — Regulations, First Schedule.
Divorce — Desertion — Separation by mutual consent — Wife's consent not directly revoked — Intent by husband to desert inferred from conduct — Marriage Act 1915 (No. 2691), s. 122 (a) — Evidence of facts undisputed — Power of appellate Court to draw inferences contrary to those drawn by trial Judge.
Sheep dipping — Sheep Dipping Act 1915 (No. 2727), ss. 3, 4 (1) — Failure to dip sheep — "Owner" — "Sheep-owner" — Sale of sheep "off shears," cash on delivery — Passing of property — "Right, title, or interest to or in any sheep" — Goods Act 1915 (No. 2663), ss. 22, 23, 33.
Attachment of debt — Garnishors and garnishee — Priority of claims — Garnishee paying without going into Court — Another garnishor seeking to make absolute his order nisi — Position of — Justices Act 1915 (No. 2675), ss. 125 to 128, Second Schedule, Forms 70 and 71 — Rules of the Supreme Court 1916 — Order XLV., r. 1.
Tramways — Cable tramways — Statutory acquisition of land, buildings, rolling stock, cables, plant, and other accessories belonging to Tramway Company on termination of its leases of tramway lines — Vesting in Tramway Board — Company prohibited from continuing operations in metropolitan area — Arbitration — "Compensation" — Lands Compensation Act 1915 (No. 2678) — No allowance to be made for compulsory acquisition — Principles to be applied — "Structural cost, less depreciation" — "Loss" to company — Possibility or probability of conversion of tramway system into electrical system — Obsolescence of rolling stock, etc. — Interest — The Tramway Board Act 1915 (No. 2818), ss. 30, 33, 34, 46, 48, 50.
Criminal law — Plea of guilty — Effect — Admission of all material facts.
Administration and probate — Executor's statement — Inclusion of debt or liability — Contingent amount — Request to Commissioner to state Special Case — Refusal — Discretion — Mandamus — Administration and Probate Act 1915 (No. 2611), s. 124.
Administration and probate — English probate — Attorney of English executors — Probate sealed in Victoria — Victorian assets — Application by Victorian executor for leave to pass accounts and for commission — No beneficiary in Victoria — Motion ex parte — Costs of applicant out of estate — Administration and Probate Act 1915 (No. 2611), s. 34.
Local government — Rates — Liability for — Land belonging to municipality — Tenant in occupation — No agreement as to rates — Right of tenant to set off against rent — Local Government Act 1915 (No. 2686), ss. 249, 265, 314, 318, 319.
Administration and probate — Settlement — Duty — Gift to persons in being with limitations to persons who may not be in being at death of settlor — Whether gift inter vivos — Death of settlor within twelve months of settlement — Settlement of proceeds of contract for sale of land in New South Wales — Settlor domiciled and resident in Victoria — Purchaser domiciled and resident in New South Wales — Locality of debt irrelevant — Victorian assets — Administration and Probate Act 1915 (No. 2611), s. 143.
Police offences — Street betting — "Street" — Meaning of — Enclosed ground — Access restricted — Charge for admission — "Enclosed or unenclosed land" — Construction of Statute — Effect of context on unambiguous words — Police Offences Act 1915 (No. 2708), ss. 33, 104, 106.
Criminal law — Perjury — Appeal — Bail — Special circumstances — Appeal to be heard at next sittings of Full Court — Crimes Act 1915 (No. 2637), ss. 605, 608.
Practice — Rules of the Supreme Court 1916 — Order III., r. 6 — Debt or liquidated demand arising under contract for sale of land — Interest on unpaid purchase-money — Application under Order XIV., r. 1.
Lands compensation — Compulsory taking of land — Notice to treat — Withdrawal — Simultaneous service of second notice to treat — Date of assessment of compensation — Damage done to remaining land by works on land not acquired from owner — Whether compensation payable for — Interest — Date of possession and date of award — Lands Compensation Act 1915 (No. 2678), s. 35.
Evidence — Public place — Licensed billiard-room — Proof of licence — Non-production of document — Cross-examination of defendant — Questions as to character and convictions — Effect on justices' minds — Police Offences Act 1915 (No. 2708), ss. 21, 27 — Crimes Act 1915 (No. 2), (No. 2789), s. 2 (5).
Principal and agent — Commission — Purchaser introduced — Unwilling to sign contract — Withdrawal of agent's authority — Subsequent sale by another agent to same purchaser — When agent's work is completed — Signature of contract.
Transfer of land — Acquisition of land by Commonwealth — Interest acquired by notification in Gazettee — Easements of light and air — Buildings to be erected in future — Registration of such easements — Transfer of Land Act 1915 (No. 2740), ss. 4, 62, 238 — (Commonwealth) Lands Acquisition Act 1906, ss. 5, 13, 14, 15, 20 — (Commonwealth) Judiciary Act (No. 6 of 1903 and No. 8 of 1907), s. 40A.
Criminal law — Evidence — Matters applicable to one count but not to another — Direction of Judge as to — Joinder of counts — When permissible — Part of a series of offences of the same or a similar character — Presentments Act 1916 (No. 2856), ss. 5, 8, 9 (3), 10, Second Schedule (r. 2) — Judge's report — Attitude of Full Court to — Shorthand note of summing up.
Landlord and tenant — Occupation of land in consideration of payment of rates — Nature of tenancy — Notice determining tenancy — Tenancy-at-will — Tenancy from year to year — Tenancy during municipal year — Adverse possession — Real Property Act 1915 (No. 2719), ss. 18, 23, 43.
Transfer of land — Easement — Registration — Refusal of Registrar to register — Mandamus — Easement attached to one square link — Whether in gross — Abandonment of easement — Transfer of Land Act 1915 (No. 2740), s. 69, Schedule 5.
War Precautions — Information — Whether charge sufficiently stated — Dissuading a person from continuing to be engaged in the performance of an industrial operation connected with shipping — Proof of Regulations — Regulation produced in Court and dealt with as part of materials before the Court — Regulation not formally put in or marked as an exhibit — Whether regulation sufficiently proved — War Precautions Act 1914-16, ss. 3, 6 — War Precautions Regulations 1917, Reg. 40 C — Statutory Rules 1917 (Nos. 190 and 210) — Commonwealth Crimes Act 1914 (No. 12), s. 7 — Commonwealth Rules Publication Act 1903 (No. 18), s. 6.
Will — Construction — Vested interest — Payment at 25 — Forfeiture clause — Validity — Repugnancy — Gift over — Forfeiture on marrying person not of Jewish faith.
Will — Charity — Bequest for masses for repose of souls — Superstitious uses — Conflicting English and Irish decisions — Perpetuity — Imperial law — Statute of Edward VI., c. 14 — Application to Australia.
War precautions — Statement likely to prejudice recruiting — Resolution put to meeting to call upon Labour members to refuse to assist recruiting — Whether chairman in putting such resolution to the meeting is liable for making a statement likely to prejudice recruiting — Whether seconder of such motion is so liable — War Precautions Acts 1914-1916 — War Precautions Regulations 1915, reg. 28 — Statutory Rules 1915 (No. 130) and 1916 (No. 159) — Practice — Order to review — Conflicting affidavits.
Infant — Custody — Child placed by father without assent of mother in Methodist Homes — Father absent on military service — Right of mother to custody of child — Neglected Children's Act 1915 (No. 2703), s. 67 — Marriage Act 1915 (No. 2691), s. 69.
Workers' compensation — Assessment of compensation payable — "Fourth Schedule" injury — Lump sum instead of weekly payments — Basis of commutation — Memorandum of agreement — Refusal to register — Appeal out of time — Special Case stated treated as appeal — Workers' Compensation Act 1915 (No. 2750), ss. 5, 7, 8, Second Schedule, cl. 1 (b), Third Schedule, cl. 6 — Fourth Schedule.
Sale of goods — Merchandise marks — Trade description — Exposing for sale under false trade description — Meaning of "flannel" — Dictionary meaning — Meaning attributed by public — "False" meaning "untrue" — Goods Act 1915 (No. 2663), s. 87,
Criminal law — Prisoner's plea of guilty — What it admits — Depositions in the Court below — Not disclosing proof of offence — Duty of presiding Judge.
Criminal law — Sentence — Severity of — When the Full Court will interfere — Crimes Act 1915 (No. 2637), s. 594.
Contract — War, effect of — Suspensory clause — Contract dissolved as to future performance — Claim for price of goods sold and delivered before war — Prices to be fixed by London quotations — London quotations ceasing to represent world's market — Whether right to recover price terminated or suspended — Buyers' option as to basis for fixing price — Arbitration clause — Implied terms in contract — Alien enemy — Liability to be sued — Intercourse with alien enemy — Australian agent of alien enemy — The King's proclamation of 9th September 1914 — Effect of as to intercourse — Enemy Contracts Act 1915 (No. 2603) — Commonwealth Enemy Contracts Annulment Act (No. 11 of 1915).
Practice — Originating summons — Order directing inquiries — Signature by Judge — Not to be passed and entered — Title to land — Who should draw up order — Conduct of inquiries given to defendants — Rules of the Supreme Court 1916 — Order LV., rr. 32, 74.
Health — Adulterated food — Sale of — Milk — Contract for daily supply — Delivery under contract — Samples taken from separate cans containing day's supply — Separate analysis of samples — Prosecutions for several offences — Health Act 1915 (No. 2665), ss. 57, 86.
Income tax (Federal) — Company — Dividend — Profit and loss — Undistributed profits accumulated — Amount carried forward to credit of profit and loss account — Profits accumulated in appropriation account — Whether taxable when distributed in dividend — Federal Income Tax Assessment Act 1915, s. 14 (b).
Military law — Civil law — Action by soldier against military police — Jurisdiction of civil Courts — Military orders — Unreasonable, excessive, or malicious exercise of authority — Acts not in accordance with orders — Commonwealth Defence Act 1903-15, ss. 4, 30, 31, 55, 64, 113, 121, 124 — Regulations under the Defence Act, Nos. 21, 248, 281, 459, 460, 496, 497 — Imperial Army Act 1881, 44 & 45 Vict., c. 58, ss. 11, 43, 45, 74, 158, 170.
Will — Duty — Commonwealth estate duty — Apportionment amongst beneficiaries — Mode of apportionment — Life tenant and remainderman — Annuitant — Gift to infant subject to contingencies — Reduced rate of duty to widow, children, and grandchildren — Mode of final adjustment, where gift to privileged and non-privileged classes in succession — Whether reduced rate applies where privileged class not solely entitled — Commonwealth Estate Duty Assessment Act (No. 22 of 1914), ss. 8, 19, 34, 35, 36, 37 — Commonwealth Estate Duty Act (No. 25 of 1914), s. 3, Schedule.