Administration and probate — Notice of intention to apply for letters of administration of deceased estate duly advertised — Application refused — Power of Court to grant probate of deceased's will without further advertisement — Rules of the Supreme Court 1916, Order LXX., r. 1; Probate Rules, rr. 4, 15, 35.

Trust — Apportionment — Capital and income — Portion of testator's estate consisting of leasehold interest in theatre — Fund accumulated partly from capital and partly from income for renovating theatre at expiration of existing sub-lease — Sale of estate's interest in theatre before expenditure of fund — Portion of fund accumulated from capital to be returned to capital, and portion accumulated from income, together with all accretions, to be returned to income.

Divorce — Frequent convictions for crime — Two convictions only within five year period — Short interval between — Husband's habits and character such that no hope of his performing his duties as husband — Whether wife entitled to divorce — Marriage Act 1928 (No. 3726), sec. 75 (c).

Settlement — Construction — Vesting — Property conveyed upon trust after death of life tenant and when youngest child shall attain twenty-one to be divided equally among the children of settlor — Children "who shall be then living share and share alike as tenants in common" — Whether children predeceasing life tenant entitled.

Settlement — Construction — Gift after the determination of a life estate to children and the issue of any such children predeceasing the life tenant as settlor shall appoint and in default of appointment "to such children and the issue of any children predeceasing the life tenant" — Whether children predeceasing life tenant without leaving issue share.

Company — Membership — Application for shares — Payment of application and allotment moneys — Name on register of members — No specific notice of acceptance or allotment sent to applicant, but notice of extraordinary meeting received by him — No minute of allotment — Whether applicant's name rightly settled on list of contributories in winding-up — Companies Act 1928 (No. 3659), secs. 31 (2), 32 (1), 40, 83 (1).

Easement — Right of way — Implied grant — Conveyance of land in respect of which a way is enjoyed — Property Law Act 1928 (No. 3754), sec. 62(1).

Adoption of children — Illegitimate child — Mother's consent — Whether consent should be dispensed with — Adoption of Children Act 1928 (No. 3605), sec. 4 (3).

Criminal law — Statements prejudicial to accused inadvertently made from witness box — Nature of defence — Conduct of trial — Whether reasonable possibility of prejudice — Setting aside conviction — Charge of murder — Finding of accessory after fact — Judge's refusal to accept finding — Jury returning verdict of murder — Validity of verdict.

Local Government — Highways — Proclamation of street as a public highway — Validity of proclamation — Request of council to Governor in Council — Object of council in making such request — Validity of request — Street construction — Liability of frontager for cost — Whether street formed or set out on private property — Land used for a street — Whether fronting, adjoining or abutting on street — Right to use street — Local Government Act 1928 (No. 3720), secs. 518, 574 (1), 576 (1).

Will — Construction — Gift of land in fee simple with direction to pay part of sale price to certain persons — Direction that donee's representatives shall pay away part of value of land on donee's death intestate and without issue — Whether directions repugnant and void.

Administration and Probate — Probate and Estate duties on property the subject of a general power of appointment — Direction to pay out of residue "State and Federal duty payable upon the estates of deceased persons" — Duties directed to "be paid out of my estate in gross so as not to be specifically charged or apportioned against beneficiaries" — Whether appointed property should bear proportion of duties — Administration and Probate Act 1928 (No. 3632), secs. 163, 175 — Estate Duty Assessment Act 1914-1928 (No. 22 of 1914 — No. 47 of 1928), secs. 8 (3), 35, 35A.

County Court — Evidence — De bene esse examination — Convenience — Commission to take evidence in New South Wales — Power of County Court to order — Rule-making power of County Court Judges — County Court Act 1928 (No. 3663), sec. 87 — County Court Rules 1930, Order XXI., r. 15 (a).

Practice — Security for costs — Plaintiff residing in England — Consent to registration of judgment in England — Plaintiff resident in another State.

Practice — Pleading — Defence — Action against executors alleging breach of duty — Plea that defendants acted reasonably and in good faith — Particulars of facts and circumstances upon which defendants acted.

Administration and Probate — Caveat — Compromise of proceedings — Grant of probate — Executor desiring to be discharged — Appointment of trustee company as administrator c.t.a. upon terms and conditions — Administration and Probate Act 1928 (No. 3632), sec. 29.

Practice — Registration of judgment obtained in England — Special directions — Execution for amount of judgment in Australian currency — Interest — Whether allowed as from date of judgment or date of registration — Supreme Court Act 1928 (No. 3783), Part VIII, Division 12 — Rules of the Supreme Court 1938, Order XLIA., rr. 8, 10.

Hairdressers Registration — Application for registration — Engagement in the practice of hairdressing — Whether practice must be in Victoria — Mandamus — Requiring applicant for registration to submit to examination in proof of practice of hairdressing — Validity of requirement — Board declining jurisdiction — Whether mandamus lies — Hairdressers Registration Act 1936 (No. 4396), sec. 8.

Forests — Governor in Council empowered by Legislature to proclaim, after report by Forests Commission with respect to any period of twelve months, any portion of such period as "proclaimed period" — Proclamation proclaiming period, portion of which was outside period covered by Commission's report — Whether proclamation valid as regards portion of "proclaimed period" within period covered by Commission's report — Forests Act 1928 (No. 3685), sec. 69.

Fraudulent misrepresentation — Damages — Whether damage too remote.

Criminal Law — Evidence — Character of accused — Cross-examination as to — Imputations against character of prosecution witnesses — Crimes Act 1928 (No. 3664), sec. 432 (e)(ii).

Lunacy — Order of special magistrate in Children's Court — Child detained in receiving home under — Whether summary conviction or order of justice — Power of Chief Secretary to order removal to mental hospital — Lunacy Act 1915 (No. 2687), sec. 66 — [Lunacy Act 1928 (No. 3721), sec. 66].

Practice — Set-off — Claim and counterclaim arising out of same contract — Judgment setting-off damages and costs — Plaintiff's assets subject to debenture — Receiver in possession of assets before judgment — Whether set-off permissible.

Local Government — Ouster of councillor — Councillor concerned or participating in contracts with the municipality — Shareholder in company consisting of less than 21 persons — Company making contracts with council — Qualification of objector — Objector having been a member of council while under disqualification of which he complains — Attempt to re-enter council while under disqualification — Acquiescence by objector in conduct of respondent — Local Government Act 1928 (No. 3720), secs. 53, 156, 157.

Police Offences — Vagrancy — Idle and disorderly person — Occupier of house frequented by reputed thieves — Building with no residential accommodation — Whether a "house" — Police Offences Act 1928 (No. 3749), sec. 69 (3).

Fraud — "Conveyance of property made with intent to defraud creditors" — Verbal gift of chattels by tenant, effectuated by symbolic delivery, and made to defeat landlord's claim for rent — Whether voidable — No proceedings to set gift aside — Whether defence that gift voidable open to landlord in claim to chattels by donee under sec. 64 of Landlord and Tenant Act 1928 — Effect of repeal of 13 Eliz., c. 5 on common law — Property Law Act 1928 (No. 3754), secs. 2, 172 — Imperial Acts Application Act 1922 (No. 3270), Part II., Div. 9 — Imperial Act, 13 Eliz., c. 5 — Landlord and Tenant Act 1928 (No. 3710), sec. 64.

Motor car — Offence — Taking or using car without consent of owner or person in lawful possession — Onus of proof — Consent to user of car — Whether an exception, exemption, proviso, excuse or qualification within meaning of sec. 214 of Justices Act 1928 — Motor Car Act 1930 (No. 3901), sec. 19 (1) (a) — Justices Act 1928 (No. 3708), sec. 214.

Medical practitioner — Restoration of name to register — Qualifications and character of applicant — Duty of Medical Board to consider — Medical Act 1928 (No. 3730), sec. 13 — Medical Act 1933 (No. 4131), secs. 6, 8, 9.

Will — Abatement of legacies — Release by testator of debt owing to him — Bankruptcy of released debtor — Securities valued for probate at less than debt — Valuation of release for purposes of abatement — Whether actual value of debt released or value of securities — Rate of interest.

Local Government — Street construction — Linking up street with road not under municipal control — Constructing part of such road for purpose — Liability of street frontagers for cost thereof — Construction of lane — Included in plans and specifications, but not expressly mentioned in notice to frontagers or resolution of adoption of scheme — No evidence lane formed or set out on private property — Providing conduits for future service pipes — Lowering water and gas mains and water services — Inclusion in scheme of estimated sum for council's overhead expenses and sum for contingencies — Variation in relative amounts charged to frontagers — Validity of scheme — Alteration of scheme after adoption — Whether effective to validate scheme — Local Government Act 1928 (No. 3720), Part XIX., Division 10 — Local Government Act 1932 (No. 4029), sec. 2 (1).

Mortgage — Mistake — Financial Emergency Acts — Interest paid at full rate in ignorance of Acts — Whether over-payment made under mistake of law — Recoverability — Mortgage under Transfer of Land Acts — Mortgage overdue — Mortgagor desiring to redeem — Whether six months' interest in lieu of notice payable — Period from which such interest commences — Transfer of Land Act 1928 (No. 3791), sec. 156 — Financial Emergency Act 1931 (No. 3961), sec. 19 (1).

Will — Codicil — Extrinsic evidence — When and how admissible — Equivocation — Latent ambiguity — Testator confirming three out of four codicils — Unconfirmed codicil containing substantially different dispositions from confirmed testamentary documents — Whether revoked or inoperative — Determination by Court of construction.

Fraud — Assignment with intent to defraud creditors — Justices — Garnishee proceedings — Jurisdiction therein to determine whether assignment fraudulent — Property Law Act 1928 (No. 3754), sec. 172 — Justices Act 1928 (No. 3708), sec. 133.

Motor car — Licence to drive — Application for — Refusal by Chief Commissioner of Police — Grounds of refusal — Right of appeal to Court of Petty Sessions — Whether or not limited — Motor Car Act 1928 (No. 3741), sec. 6 (2) — Motor Car Act 1930 (No. 3901), sec. 14.

Stamps — Settlement or gift, deed of — Marriage articles — Transfer after marriage pursuant to articles — Whether transfer dutiable — Stamps Act 1928 (No. 3775), Third Schedule, Cl. IX.

Police Offences — Justices — Information — Keeping common gaming house — Withdrawal of information — Whether bar to second information for same offence — Police Offences Act 1928 (No. 3749), secs. 124, 125, 145.

Health — Food — Margarine — Prescribed colour — Regulation prescribing colour — Whether uncertain — Evidence — Regulation prescribing a colour specified in a certain publication — Proof of such publication — Production of publication bearing name prescribed — Whether admissible without further proof — Health Act 1928 (No. 3697), sec. 236 — Health Act 1935 (No. 4333), sec. 13 — Health (Margarine) Act 1936 (No. 4439), sec. 2 — Margarine Regulations 1937, reg. 3.

Evidence — Admissions made by manager of company — Scope of manager's authority to make admissions — Directors' power to delegate to manager — Justices — Rejection of admissible evidence by — Tendered on wrong ground — Review of order — Milk Board — Return of milk forwarded — Made by director as manager of company — Statements made by such director four months later — Whether evidence against company — Milk Board Act 1933 (No. 4183), secs. 19, 20.

Barrister and Solicitor — Admission to practise in Victoria — Alien — Person admitted and entitled to practise in superior Courts of England, Scotland, Northern Ireland, or the Irish Free State — Rule requiring such person applying for admission to practise in Victoria to deliver certificate that he is believed to be either a natural-born or naturalized British subject — Whether ultra vires the Council of Legal Education — Power of Supreme Court to dispense with requirements of rule — Grounds of exercise — Whether alien can be admitted, at common law, to practise as barrister or solicitor — Oath of allegiance — Whether alien can take — Legal Profession Practice Act 1928 (No. 3715), secs. 5 (2), 21 — Rules of the Council of Legal Education 1932-1937, rr. 36, 42.

Practice — Attachment — Company in compulsory liquidation — Order for payment of call — Whether enforceable by attachment — Contributory resident in South Australia and not likely to come into Victoria — Imprisonment for default in payment abolished by law of South Australia — Whether leave should be given to issue writ of attachment — Service and Execution of Process Act 1901-1934 (No. 11 of 1901 — No. 45 of 1934), sec. 19 (1) — State and Territorial Laws and Records Recognition Act 1901-1928 (No. 5 of 1901 — No. 15 of 1928), sec. 3 — Debtors Act 1936 (South Australia), sec. 3 — Companies Act 1928 (No. 3659), secs. 168, 180 — Evidence Act 1928 (No. 3674), sec. 70 — Rules of the Supreme Court 1938, Order XLIV., r. 2.

Workers' Compensation — Injury to worker — Computation of "average weekly earnings" — Worker employed on relief work under Unemployment Relief (Administration) Act 1932 — Twelve days worked before injury sustained — Engagement for period not exceeding eleven weeks — Probability of two further periods each of eleven weeks' employment during two years from date of commencing work — Costs — Statute giving power to award — Whether retrospective — Workers' Compensation Act 1928 (No. 3806), sec. 5; Second Sched., cls. (1) (b) (i), (2) (a) — Workers' Compensation (Amendment) Act 1938 (No. 4593), sec. 2 (a).

Local Government — By-law prohibiting use of land within prescribed residential areas for purpose of any business, etc. — Provision that nothing in by-law should preclude continuance of use of land for purpose for which used immediately before coming into operation of by-law — Onus of proof — Justices Act 1928 (No. 3708), sec. 214 — Local Government Act 1928 (No. 3720), sec. 197 (5) (b).

Hire purchase agreement — Chattel — Whether such agreement a contract for sale of goods within meaning of Goods Act — Implied condition that chattel hired under such agreement reasonably fit for purpose for which supplied — Goods Act 1928 (No. 3694), secs. 3 (1), 19, 57.

Pounds — Cattle trespass — Cattle entering upon land from highway — Whether trespass in absence of negligence — Landowner "holding" cattle while assistance obtained to drive them off land — Whether landowner in possession of cattle so as to be able to restore them to owner — Pounds Act 1928 (No. 3752), sec. 12.

Landlord and Tenant — Covenant against assigning without landlord's consent — Landlord's consent to assignment — Whether unreasonably withheld — Assignment probably leading to diminution in rental value of premises — Property Law Act 1928 (No. 3754), sec. 144.

Business name — Person using pseudonym as employee of another, and not as principal — Whether "carrying on business" — Damage to reputation — Business Names Act 1928 (No. 3648), secs. 4, 25.

Libel — Practice — Interrogatories — Objection to answer interrogatory on ground answer may tend to incriminate — Whether open to publisher of a newspaper — Defence of justification — Particulars thereunder of statements alleged to be true — Whether defendant must answer interrogatory asking which statements true — Interrogatory as to whether words complained of refer to plaintiff — Printers and Newspapers Act 1928 (No. 3753), sec. 19.

Company — Reduction of capital — Repayment of part of paid-up capital at premium — Confirmation by Court — Addition of words "and reduced" to name of company — Publication of reasons for reduction — Companies Act 1938 (No. 4602), secs. 55, 56, 57.

Administration and Probate — Family maintenance — Testamentary provision therefor — Adequacy for proper maintenance and support — Jurisdiction of Court to make provision out of testator's estate — Discretion — Principles of exercise — Administration and Probate Act 1928 (No. 3632), Part V. — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.

Evidence — Practice — Commission — Letters of request — Material witnesses in foreign country — Attendance for examination and cross-examination on hearing of action.

Arbitration — Building contract — Certificate of practical completion — Dispute — Reference to arbitration — Whether arbitrators may determine whether works practically completed.

Partition — Tenants in common — Action by two for sale under sec. 222 or sec. 223 of Property Low Act 1928 — Undertaking by third to purchase plaintiffs' shares at valuation — Whether section 224 affords defence in such circumstances — Property Law Act 1928 (No. 3754), secs. 222, 223, 224.

Local Government — By-law — Power to regulate "quarrying" — By-law prohibiting quarrying operations for removal of "material of a hard or solid nature" except at places and to extent approved by council — Validity — Local Government Act 1928 (No. 3720), sec. 197 (1) (xviii.).

Local Government — Rating — Valuation of premises — Questions put to owner or occupier by valuer — As to value of fixtures — As to value of chattels "on the premises for purpose of making them fit as premises for the manufactory carried on thereon" — Refusal to answer — Validity of questions — Local Government Act 1928 (No. 3720), sec. 263.

Evidence — Refreshing memory — Appeal — As to questions of fact — Trial Judge relying on credibility of witnesses — Costs — Appeal as to — Costs in discretion of Court — Supreme Court Act 1928 (No. 3783), sec. 39.

Justices — Jurisdiction — Special Complaint — Equitable assignment — Whether cause of action arises out of contract, express or implied — Justices Act 1928 (No. 3708), sec. 65 (1).

Trusts — Breach of trust — Duty of executor to get in residue — Giving time to debtor — Whether executor acting in good faith — Whether mere absence of dishonest motive amounts to good faith — Failure to get in residue — Onus of proof on executor to show action unlikely to be successful — Limitation of actions — Action against executor for failing to get in residuary personalty — Period of limitation fifteen years — Trustee Act 1928 (No. 3792), secs. 15, 67 — Supreme Court Act 1928 (No. 3783), sec. 82 — Property Law Act 1928 (No. 3754), sec. 304.

Practice — Judgment against combined tortfeasors — Assignment by plaintiff to agent of one tortfeasor — Release of judgment pro tanto — Whether leave to issue execution against other tortfeasor should be granted — Rules of Supreme Court 1938, Order XLII., r. 23.

Charity — Gift by will to intermediate hospital — Inability to carry out specific purpose of gift — Whether gift charitable.

Health — Margarine — Seizure — Statute requiring notice of seizure to be given — Power to make regulations "for more fully carrying out the objects and purposes of" the Act — Regulation requiring notice of seizure to be given in writing — Whether ultra vires — Regulation requiring notice of seizure of "animal or thing" to be given to one person, and notice of seizure of "food drug or substance" to another — Whether both notices requisite on seizure of margarine — Grounds of seizure — Specific contravention of Act not set out in notice — Whether notice sufficient — Whether seizure unlawful if notice not given in accordance with regulation — Health Act 1928 (No. 3697), secs. 349 (1) (b), 366 (1) — Seizure (Claims Procedure) Regulations 1925, reg. 4.