Road traffic — "Major street" — "Minor street" — Giving right of way to vehicle approaching from the right — Road Traffic Act 1935 (No. 4352) — Road Traffic Regulations 1936, regs. 2, 5.

Justices — Special complaint — Jurisdiction of Court of Petty Sessions — "Matter in which rights in future may be bound" — Hire purchase agreement — Claim for rescission — Some instalments not yet due — Justices Act 1928 (No. 3708), sec. 65 (1).

Practice — Summons for final judgment under Order XIV, r. 1 — Verification of cause of action — Affidavit sworn by person other than plaintiff — Failure to state deponent authorised to make affidavit — Rules of the Supreme Court 1916, Order XIV, r. 1.

Administration and Probate — Statement for duty — Summons to file — Directed to executor de son tort — Whether such an executor may be called upon — Administration and Probate Act 1928 (No. 3632), sec. 155.

Income Tax — Company — "Profits earned or derived in Victoria". — Foreign company carrying on reinsurance business — Contract made in England with Victorian insurance company — Reinsurance of risks in Victoria — Profits received in Victoria — Whether taxable — Income Tax Act 1928 (No. 3701), sec. 42.

Divorce — Desertion — Deed of separation — Induced by misrepresentation — Request to respondent to resume cohabitation — Election to treat deed as nullity — Necessity for taking proceedings to set aside deed.

Criminal Law — Evidence — Similar acts — Admissibility in order to prove identity.

Practice — Judgment by default — Setting aside — Affidavit showing merits — Absence of — Rules of the Supreme Court 1916, Order XXVII., r. 15.

Foreign attachment — "Full affidavit of the cause of action" — Return of non cst inventus — Whether due diligence in attempting to serve the writ of summons must be shown — Time for giving directions as to the method of proving debt or damages — Supreme Court Act 1928 (No. 3783), secs. 155, 160, 172.

Divorce — Wife's costs — Order for payment into Court — Sum borrowed by wife and paid to her proctor before application for order — Marriage Act 1928 (No. 3726), sec. 114.

Charity — Practice — Parties — Bequest to a charity in New South Wales — Attorney-General for Victoria the proper representative in a Victorian Court.

Will — Construction — Gift of income to children during their lives — Substitutional gift, on death of any child leaving lawful issue, to his or her children — Gift over, after death of all children, to grandchildren — Partial intestacy — Cross-remainders during life of survivors not implied — Gift of income to grandchildren for their "support maintenance education and advancement in life" — Duration of — Direction to pay grandchildren's shares of capital on their attaining twenty-one or marrying — Interest vesting on testator's death, but enjoyment postponed.

Will — Trust — Maintenance of infants — Direction to accumulate income from infants' shares — Whether expression of intention to negative power of trustees to maintain infants — Trustee Act 1928 (No. 3792), secs. 3, 31 (1)(a).

Will — Trust for sale — Limited power of trustees — Sale to family company — Sanction of Court — Trustee Act 1928 (No. 3792), sec. 57.

County Court — Practice — Appeal — Staying payment of costs.

Police Offences — Trespass — Owner accompanying order to leave with threats of violence — Unreasonableness of owner's action — Duty of trespasser — Delay in leaving after warning by owner slight only — Police Offences Act 1928 (No. 3749), sec. 19 (f).

Practice — Third party — Arbitration — Action for damages against motorist — Motorist insured — Policy containing arbitration clause — Insurance company sought to be made third party — Stay of proceedings — Arbitration Act 1928 (No. 3637), sec. 5 — Instruments (Insurance Contracts) Act 1936 (No. 4464), sec. 4 (2) — Statute Law Revision Act 1937 (No. 4485), sec. 2.

Local Government — By-law — Validity — Power to regulate "quarrying" — Prohibition of quarrying operations for removal of sand except by licence of council — Local Government Act 1928 (No. 3720), sec. 197(1) (xviii).

Real property — Restrictive covenant — Not to erect any building save one "dwelling house" — Erection of villa containing two flats — Whether a breach of covenant.

Dentist — Permit authorising employment by dentist — Application for — Whether applicant practising under supervision of dentist "for at least two weeks" — Medical Act 1928 (No. 3730), sec. 68(3).

Insurance — Life assurance policy — Assignment — Marshalling of assets — By apportionment — Mortgage of life policy and interest in deceased estate — Second mortgage — Policy charged with payment of premiums — Unencumbered assets — Companies Act 1928 (No. 3659), sec. 476(3).

Fraudulent misrepresentation — Damages — Evidence — Contract of exchange induced by fraud — Portion of property acquired by representee consisting of land, represented as flood-free but actually subject to flooding — Contract as evidence that total value of all property transferred by representee equivalent to total value of all property acquired by him, had land been flood-free as represented — Damages assessed on basis of the difference between the value of land, if flood-free, and its actual value, subject to flooding.

Solicitor — Partnership — One partner a trustee — Solicitor-trustee employing partner as solicitor — Right of latter to charge profit costs — Partnership agreement providing that trustee partner not entitled to profit costs — Whether further agreement necessary.

Imprisonment of Fraudulent Debtors — Examination of judgment debtor — Taking examination in writing — Cross-examination of judgment debtor as to character — Examination of judgment creditor as to matter concluded by judgment in action — Whether liability wilfully contracted without expectation of being able to discharge same — Imprisonment of Fraudulent Debtors Act 1928 (No. 3700), secs. 4, 5, 11.

Practice — Pleading — Particulars — Denial of negative allegation contained in statement of claim — Whether particulars should be given.

Divorce — Practice — Service out of the jurisdiction — Leave to serve respondent in United States of America — Notice of citation to be served — Marriage Act 1928 (No. 3726), sec. 112 — Divorce Rules 1916, r. 7.

Road traffic — Negligence — Breach of statutory duty — Accident on highway — Breach of traffic regulations — Entering intersection of minor streets without giving way to vehicle on right — Inability to stop in case of sudden danger — Contributory negligence — Assumption regulations will be obeyed — Failure to look for traffic on left — Knowledge of regulations — Road Traffic Act 1935 (No. 4352) — Road Traffic Regulations 1936, regs. 4, 5.

Arbitration — Insurance policy containing arbitration clause — Condition in policy requiring notification of impending prosecution — Failure to give notice — Prejudice of insurer — Action for damages against insured — Insurer joined as third party — Application by insurer for stay of proceedings — Refusal of stay — Arbitration Act 1928 (No. 3637), sec. 5 — Instruments (Insurance Contracts) Act 1936 (No. 4464), sec. 3.

State Savings Bank — Land subject to mortgage to Commissioners — Contract of sale without previous written consent of Commissioners — Contract "void" — Whether void as between parties or voidable at option of Commissioners — State Savings Bank Act 1928 (No. 3777), sec. 78.

Stamp duty — Receipt — Signature to printed form on back of cheque — Intended as endorsement only — Stamps Act 1928 (No. 3775), secs. 52, 55.

Factories and shops — Wages board — Abolition — Appointment of new board — Factories and Shops Act 1928 (No. 3677), secs. 136, 137.

Barrister and Solicitor — Articles of clerkship — Approval — Articles with Public Solicitor — Whether Public Solicitor "practising and entitled to practise" — Poor Persons Legal Assistance Act 1928 (No. 3751) — Rules of the Council of Legal Education 1932-1936, rr. 23 (3) (b), 24.

Contract — Hire purchase agreement — Damage to motor car while in possession of hirer — Hirer in default — Owner repossessing and repairing — Owner's right to sue wrongdoer — Hire Purchase Agreements Act 1936 (No. 4428), sec. 5.

Road traffic — By-law made pursuant to Local Government Act in terms similar to regulation under Road Traffic Act — Whether inconsistent with regulation — Power of Court of Petty Sessions to declare by-law inconsistent with Road Traffic Regulations — Road Traffic Act 1935 (No. 4352), sec. 5 (2) — Local Government Act 1928 (No. 3720), sec. 232 (2).

Will — Document propounded consisting of two unattached sheets — First sheet alone executed — No indication on first sheet of intention to include gifts on second sheet — Evidence of attesting witnesses that second sheet written out as part of will before execution of first sheet — Letters of administration c.t.a. granted of first sheet only — Wills Act 1928 (No. 3803), sec. 7.

Contract — Specific performance — Part performance — What constitutes — Agreement to leave farm to plaintiff in consideration of plaintiff staying and working on farm — Expenditure of money and labour by plaintiff on permanent works on farm — Assumption by plaintiff of responsibilities in connection with farm as ratepayer — Acts not done pursuant to any obligation in agreement — Instruments Act 1928 (No. 3706), sec. 128.

Divorce — Practice — Order to pay 20l. into Court in respect of wife's costs — Whether enforceable by writ of attachment — Marriage Act 1928 (No. 3726), sec. 114 — Maintenance and Alimony (Imprisonment) Act 1935 (No. 4314), sec. 9.

Transfer of land — State Electricity Commission — Acquisition of land by — Part of subdivision — Statutory declaration by vendor, that purchaser of any lot will not carry on or allow to be carried on any quarrying operation, etc., on such, lot, lodged at Titles Office with plan of subdivision — Covenants to that effect by purchasers other than Commission — Registration of transfer not containing such covenant contrary to Titles Office practice — Possibility of Commission's statutory duties necessarily involving user of land for quarrying, etc. — Commission able to avoid necessity for transfer by proceeding under Lands Compensation Act 1928 — Whether Commission entitled to transfer, and registration of transfer, not containing such a covenant — Declaratory judgment — Transfer of Land Act 1928 (No. 3791) — Lands Compensation Act 1928 (No. 3711).

Judicial separation — Adultery — Petitioner's motive in bringing petition to secure increased maintenance — Delay due to petitioner's ignorance of her rights.

Contract — Hire purchase agreement — Whether determined on default — Hirer's right to relief — Tender to owner of moneys due — Owner not repossessing goods — Hire-Purchase Agreements Act 1936 (No. 4428), sec. 5.

Practice — Application for final judgment — Verification of cause of action — Insufficient affidavit — Rules of the Supreme Court 1916, Order XIV, r. 1.

Will — Construction — Devise to children — Condition subsequent — "Provided they are brought up and shall remain in the Protestant Faith" — Gift over on non-compliance — Validity of condition — Uncertainty — Public policy — Duty of parent — Gift of "real estate with live stock" — Leasehold held by testator on Selection Purchase lease from Crown and used by him, with adjoining freehold land owned by him, as one farm — Wills Act 1928 (No. 3803), sec. 24.

County Court — Remission to — Plaintiff with no visible means of paying defendant's costs — Circumstances rendering it advisable that action be tried in Supreme Court — County Court Act 1928 (No. 3663), sec. 58.

Practice — Trial by jury — Writ of summons under Instruments Act — Summons for directions asking for trial without jury served on defendant within ten days after appearance — Return date more than ten days after appearance — Application by defendant for trial by jury made for first time on hearing of summons for directions — Whether defendant at that stage entitled to jury as of right — Rules of the Supreme Court 1916, Order XXX., rr. 2, 4; Order XXXVI., rr. 6, 7 (a).

Divorce — Insanity — "Hospital for the insane" — "Within meaning of the Lunacy Act 1928" — Meaning — Marriage Act 1928 (No. 3726), sec. 75 (f).

Criminal Law — Character of accused — Admissibility of evidence as to — Imputation on character of witness for prosecution — Nature or conduct of defence — Crimes Act 1928 (No. 3664), sec. 432 (e) (ii).

Divorce — Practice — Affidavit evidence — Proof of desertion — Witnesses in England — Petitioner's lack of means to procure attendance at trial — Marriage Act 1928 (No. 3726), sec. 120.

Workers' compensation — Total or partial dependency — Deceased worker maintaining temporarily unemployed husband — Probability of future employment — Workers' Compensation Act 1928 (No. 3806), Second Sch., cl. (1).

Transport regulation — Motor vehicle used for carriage of goods — Limitation of hours of duty of driver — "Time spent in driving" — Time spent by driver in resting in vehicle while parked by roadside for night — Whether "time spent on a vehicle while on a journey" — Transport Regulation Act 1933 (No. 4198), sec. 39.

Police offences — Common gaming house — Person found therein — Prim facie evidence place a common gaming house — Police Offences Act 1928 (No. 3749), secs. 148, 159.

Pounds — Trespass — Right to receive cattle for impounding — Inquiry as to whether cattle trespassing — Cattle escaping from pound — Right of recaption — Evidence of appointment of poundkeeper — Gazette notice — Pounds Act 1928. (No. 3752), secs. 4, 20, 25, 28.

Practice — Accounts — Directions as to taking — Evidence — Books of account — Evidence quantum valeant — Rules of Supreme Court 1916, Order XXXIII, rule 3.

Justices — Contempt of Court — Information — Summary conviction — Order for imprisonment — Whether appeal lies to General Sessions — Justices Act 1928 (No. 3708), secs. 136, 206.

Maintenance — Paternity of child of married woman — Presumption of legitimacy — Evidence to rebut — Proceedings under Children's Welfare Act 1928 against alleged father — Defendant's written admission of paternity and promise to contribute to child's maintenance — Children's Welfare Act 1928 (No. 3654).

Divorce — Costs — Petition by husband on ground of adultery — Adultery not proved against wife — Verdict of jury against co-respondent — Dismissal of petition — Co-respondent ordered to pay costs — Marriage Act 1928 (No. 3726), sec. 103.

Licensing — Victualler's licence — Application for — Premises whether "in the immediate vicinity of a place of public worship" — Question of fact — Determination of Licensing Court thereon — Licensing Act 1928 (No. 3717), sec. 98.

Divorce — Desertion for three years and upwards — Unsuccessful suit by deserting spouse during period — Whether desertion suspended during pendency — Marriage Act 1928 (No. 3726), sec. 75 (a).

Health — Food — Margarine — Not of prescribed colour — Sale to authorised officer pursuant to demand — Seller unwilling to sell — Act done under compulsion of law — Whether offence committed — Health Act 1928 (No. 3697), secs. 236, 247, 253 — Health Act 1935 (No. 4333), secs. 13, 15 — Health (Margarine) Act 1936 (No. 4439), sec. 2.

Workers' Compensation — Agreement — Review of weekly payments — Form of application to review — Date from which review may be ordered — Workers' Compensation Act 1928 (No. 3806).

Divorce — Alimony — Husband's income — Pension from State Superannuation Fund — Commonwealth war pension — Marriage (Divorce) Act 1933 (No. 4210), sec. 5 (1) — Superannuation Act 1928 (No. 3782), sec. 80 — Australian Soldiers' Repatriation Act 1920-1937 (No. 6 of 1920 — No. 42 of 1937), sec. 43.

Electric Light and Power — Electricity supplied to consumer — Reduction of charge in consideration of licence to erect poles and wires on consumer's land — Whether a preference — Electric Light and Power Act 1915 (No. 2645), sec. 39 [Electric Light and Power Act 1928 (No. 3672), sec. 39].

Will — Construction — "Whole of contents of house erected thereon (inclusive of furniture and personal effects)" — Motor car in detached garage.

Evidence — Damages — Defendant insured — Disclosure to jury.

Marketing of primary products — Contract for sale of egg pulp — Sale of egg pulp punishable "save as prescribed" — Agent's claim for commission — Defence of illegality — Burden of proof — Marketing of Primary Products Act 1935 (No. 4337), secs. 6 (5), 19 (c).

Practice — Mode of trial — Writ indorsed for trial without jury — Trial Judge — Power to order trial by jury — Rules of Supreme Court 1916, Order XXXVI., rule 7 (a).

Licensing — Failure to keep bar door locked on Anzac day — Bar door unlocked on separate occasions on the same day — Whether separate offences — Licensing Act 1928 (No. 3717), sec. 206 (1).