Transport regulation — Commercial goods vehicle — Licence — Operating otherwise than in accordance with conditions of licence — Without written authority of the Board — Onus of proof — Transport Regulation Act 1933 (No. 4198), secs. 5, 46 — Transport Regulations (General Conditions of Licence for Commercial Goods Vehicles), cl. 3 (xxi).

Partnership — Death of partner — Dissolution of partnership — Agreement providing for partnership business being carried on for five years by testator's representatives — Will providing for representatives to carry on partnership business for not more than two years — Whether representatives under duty to carry on partnership business — Partnership Act 1928 (No. 3745), sec. 37 (1).

Transport regulation — Commercial passenger vehicle — Passengers paying separate and distinct fares — Knowledge of owner — Offence — Onus of proof — Whether discharged — Transport Regulation Act 1933 (No. 4198), secs. 5, 45, 47.

Trustees — Right of indemnity for costs, charges and expenses — Trustees' costs in action against them alleging breach of trust — Action claiming also administration of the estate — Whether costs incurred for benefit of estate — Trustee Companies Act 1928 (No. 3793), sec. 17.

Justices — Summons to witness — Conduct money — What is "a reasonable sum of money for his expenses" — Proceedings under Imprisonment of Fraudulent Debtors Act — Judgment debtor fined for non-attendance as a witness on application of judgment creditor — Order to review — "Party interested in maintaining order" — Whether judgment creditor properly called on to show cause — Justices Act 1928 (No. 3708), secs. 38 (5), 150 — Imprisonment of Fraudulent Debtors Act 1928 (No. 3700), sec. 22.

Licensing — Disposal — Meal permit — Extension to 11.30 p.m. for birthday party — Liquor served after hot meal completed — Other comestibles served during evening — Whether part of bon fide meal — Licensing Act 1928 (No. 3717), sec. 43.

Will — Construction — Gift to named person and class — Whether constituting class gift — Common tie between members of same family or household.

Factories and shops — "Shop" — Vehicle from which fruit sold on regular round — Permanency in intention — Factories and Shops Act 1928 (No. 3677), sec. 3.

Divorce — Conflict of laws — Desertion for three years while domiciled in South Australia — Ground for judicial separation only in South Australia — Suit in South Australia for dissolution of marriage on ground of desertion for five years unsuccessful as desertion had been terminated — Domicil acquired in Victoria — Petition for dissolution of marriage in Victoria based on the previous three years' desertion — Decree nisi granted — Marriage Act 1928 (No. 3726), sec. 75.

Crown — Country Roads Board — Attachment of debts — Money in hands of Country Roads Board — Liability to attachment — Country Roads Act 1928 (No. 3662).

Will — Revocation by marriage — Marriage in contemplation when will made — Necessity to express in will itself particular marriage contemplated — Wills Act 1928 (No. 3803), sec. 16.

Wrongs — Practice — Action under Wrongs Act 1928 — Part III. — Writ indorsed for trial without jury — Interlocutory judgment — Mode of assessment of damages — Wrongs Act 1928 (No. 3807), sec. 16 — Rules of the Supreme Court 1938, Order XXVII., r. 4.

Factories and shops — Wages Board determination — Penalty provided for non-payment of wages within prescribed period after termination of employment — Metropolitan Industrial Court — No jurisdiction to order payment of such penal sum — Factories and Shops Act 1928 (No. 3677), secs. 178, 237, 246, 247 — Factories and Shops Act 1936 (No. 4461), sec. 11 (4).

Workers' Compensation — Accident arising out of and in course of employment — On employer's property but not at scene of actual employment — Before actual working hours — Act done not in course of duty, but one customarily done — Workers' Compensation Act 1928 (No. 3806), sec. 5.

County Court — Contempt of Court — Committal for contempt — Denial of right to be heard — Whether certiorari lies — County Court Act 1928 (No. 3663), secs. 54, 77.

Divorce — Permanent alimony — Agreement for lump sum — Application for alimony — Order not to be in form of consent order for payment of lump sum agreed upon, but to recite agreement and dismiss application.

Administration and probate — Testator's family maintenance — Whether power to order life interest in real estate — Administration and Probate Act 1928 (No. 3632), Part V. — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483).

Divorce — Desertion — Insanity of respondent supervening before period of desertion complete — Whether statutory period continues to run — Marriage Act 1928 (No. 3726), sec. 75 (a).

Trusts — Transfer of land — Purchase by wife — Transfer to wife and husband jointly — Whether trust for wife alone — Consideration partly provided by husband and wife executing mortgage — All subsequent payments made by wife — No moneys paid by husband — Effect of such conduct — Property held in trust for parties as tenants in common.

Transport regulation — Commercial goods vehicle — Operating otherwise than in accordance with licence — Necessity for mens rea — Knowledge of defendant — Whether actual knowledge required — Whether knowledge attributable to corporation — Transport Regulation Act 1933 (No. 4198), sec. 46.

Farmers protection — Farmer mortgagor — Attornment clause in mortgage — Tenancy determined for non-payment of interest prior to coming into operation of Farmers Protection Act — Subsequent proceedings for ejectment — Whether proceeding "in respect of" a debt — Landlord and Tenant Act 1928 (No. 3710), Part V. — Farmers Protection Act 1940 (No. 4737), sec. 5.

Divorce — Practice — Joining of co-respondent as party to suit — Order dispensing with joining — At what stage order should be obtained — Marriage Act 1928 (No. 3726), sec. 79 (1) — Rules of the Supreme Court 1938, Chap. II., r. 4.

Arbitration — Insurance policy containing arbitration clause — Whether policy renewed — Whether difference concerning "subsistence" of policy — Stay of proceedings — Arbitration Act 1928 (No. 3637), sec. 5.

Workers' compensation — Fraud — Award obtained by fraud — Provision that award not to be called in question in any Court — Power of Supreme Court — Declaration award not to be enforced — Injunction against enforcing — Order as to costs of proceedings before Workers Compensation Board — Workers' Compensation Act 1937 (No. 4524), sec. 9.

Justices — General. Sessions — Conviction for offence against Police Offences Act — Defendant fined under provisions of Justices Act — Fine not exceeding 5l. — Order for imprisonment in default of payment of fine — Whether right of appeal to Court of General Sessions — Police Offences Act 1928 (No. 3749), secs. 40, 195 — Justices Act 1928 (No. 3708), secs. 71, 136.

Action — Compromise of action — Action struck out — Defendant failing to carry out terms of compromise — Reinstatement of action — Defendant directed to perform specifically terms of compromise — Supreme Court Act 1928 (No. 3783), sec. 61 (7).

Local Government — Action against municipal council — Action based on negligence of servant of council in driving motor-truck — Whether notice of action necessary — Local Government Act 1928 (No. 3720), secs. 537, 834, 835, 836 — Local Government Act 1934 (No. 4279), sec. 92.

Factories and Shops — Prosecution for breach of wages board determination — Defence that defendant not employer of person in respect of whom determination contravened — Proceedings transferred to trade tribunal — Members of trade tribunal not nominated by representatives of employers and employees on wages board whose determination contravened — Validity of transfer — Factories and Shops Act 1934 (No. 4275), sec. 40.

Licensing — Disposal of liquor during prohibited hours — Bon fide traveller — Place of residence — Distance travelled on same day — Whether in direct line — Licensing Act 1928 (No. 3717), secs. 177, 179.

Divorce — Practice — Answer and counter-petition — Contents of verifying affidavit — Marriage Act 1928 (No. 3726), sec. 122 — Rules of the Supreme Court 1938, ch. II., rr. 2, 3.

Architect — Registration as — Whether applicant bon fide engaged in practice and entitled to registration — Matters to be considered — Procedure upon appeals to the Supreme Court — Architects Act 1939 (No. 4659), secs. 4, 6.

Wrongs — Action under Wrongs Act 1928, Part III. — Damages — Assessment of — Matters for consideration of Court.

Husband and wife — Spouses living apart — One spouse tenant of former matrimonial residence — Order for possession — Chattel jointly owned — Direction for sale — Married Women's Property Act 1928 (No. 3727), sec. 20 — Property Law Act 1928 (No. 3754), sec. 187.

Justices — Jurisdiction — Default summons — Defendant not filing notice of intention to defend — Whether complainant must prove that defendant is not a farmer — Farmers Protection Act 1940 (No. 4737), sec. 5 — Justices Act 1928 (No. 3708), sec. 99.

Factories and shops — Wages Board determination — Agreement between employer and employee to pay and receive less than the award — Agreement between employer and employee for submission to arbitration in case of dispute — Arbitration proceedings subsequent to termination of employment — Arbitration agreement and proceedings no defence to claim by employee for wages due under the determination — Factories and Shops Act 1928 (No. 3677), sec. 232.

Landlord and tenant — Recovery of possession — "Reasonable cause why possession should not be given" — Serious interference with business — Urgent defence contracts — Public interest — Landlord and Tenant Act 1928 (No. 3710), sec. 72.

Stamps — Settlement or gift, deed of — Agreements to sell shares to trustees for benefit of vendor's children — Whether dutiable — "Bon fide adequate pecuniary consideration" — Element of benefaction — Value of shares for assessment of duty — Value to settlor or market value — Stamps Act 1928 (No. 3775), Third Sch., Part IX. (1) — Stamps Act 1932 (No. 4072), sec. 8.

Administration and probate — Executors' commission — Will providing commission payable as provided by law in respect of trustee companies — Whether legacy of lump sum to executor — Whether commission payable only if work is actually done — Commission to substituted executors.

Local Government — Action against municipal council — Action based on negligence of servant of council in driving motor truck — Whether notice of action necessary — Local Government Act 1928 (No. 3720), secs. 537, 834, 835, 836 — Local Government Act 1934 (No. 4279), sec. 92.

Workers' Compensation — Industrial disease — Occupation of worker — Whether "involving the use of vegetable or mineral matter" — Workers' Compensation Act 1928 (No. 3806), Fifth Schedule — Workers' Compensation Act 1935 (No. 4360), Second Schedule.

Health — Offensive Trade — Butcher — Boiling down fat for sale — Fat rendering incidental to principal trade — Rendering down his own fat produced from his own business and on his own premises — Process usually carried on in or in connection with works for boiling down fat — Health Act 1928 (No. 3697), secs. 3, 81, 83.

Divorce — Practice — Petitioner desiring to terminate proceedings — Leave to discontinue suit — Application of Rules of the Supreme Court 1938, Order XXVI.

Criminal law — Foreign corporation — Whether subject to proceedings for criminal offence — Transport regulation — Commercial goods vehicle — Operating otherwise than in accordance with licence — Owner a New South Wales company — Jurisdiction to hear information against — Transport Regulation Act 1933 (No. 4198), sec. 46.

Transport regulation — Commercial passenger vehicle — Operating without licence — Vehicle leased by owner to driver — Driver not servant or agent of owner — Whether owner liable — Transport Regulation Act 1933 (No. 4198), sec. 45.

Justices — General sessions — Conviction for offence created by section in Part II. of Police Offences Act — Whether right of appeal to Court of General Sessions under Police Offences Act — Police Offences Act 1928 (No. 3749), sees. 36, 192, 197.

Divorce — Repeated assaults and cruel beatings — Meaning — Marriage Act 1928 (No. 3726), sec. 75 (d).

Administration and probate — Estate duty — Property forming subject of charitable gifts — Duty on — Upon what part of estate to be apportioned by executor — Estate Duty Assessment Act 1914-1928 (No. 22 of 1914 No. 47 of 1928), secs. 8, 16, 29, 32, 34-37.

Divorce — Desertion — Condonation — Resumption of cohabitation after statutory period — Subsequent cessation of cohabitation — Whether condoned offence revived — Conduct necessary to revive condoned offence.

Libel — Action against newspaper — Defence of apology and payment into Court — Whether amount paid in to be mentioned to jury — Wrongs Act 1928 (No. 3807), sec. 7.

Water — Authority constituted under Water Act — Obligation to supply water of particular quality — Supply of dirty water — Liability of ratepayer to pay for excess water — Power of authority to cut off water — Water Act 1928 (No. 3801), sec. 345.

Justices — Special complaint — Jurisdiction of Court of Petty Sessions — "Matter in which rights in future may be bound" — Bon fide dispute as to existence of lease or agreement — Jurisdiction to award damages to date of complaint and also for residue of term — Justices Act 1928 (No. 3708), sec. 65 (1).

Licensing — Conviction for disposal of liquor — Subsequent conviction under same section for permitting liquor to be drunk on licensed premises — Whether conviction for "second offence" — Licensing Act 1928 (No. 3717), sec. 177.

Trustees — Power to apply capital money for advancement or benefit — Whether payments for maintenance or education included — Trustee Act 1928 (No. 3792), secs. 3, 31, 32, 33.

Landlord and tenant — Recovery of possession of premises — Agent appointed by owner to recover possession — Notice of owner's intention to apply to justices not signed by agent in person — Whether notice invalid — Person signing notice not authorised by agent — Agent subsequently signing complaint pursuant to notice — Whether unauthorised signing capable of ratification — Conduct amounting to ratification — Landlord and Tenant Act 1928 (No. 3710), secs. 66, 69, 72.

Wrongs — Action under Wrongs Act, Part III. — Whether contributory negligence of plaintiff a defence — Wrongs Act 1928 (No. 3807), Part III.

Divorce — Frequent convictions — Habitually leaving petitioner without means of support — Within five years — Petition presented less than five years after marriage — Whether petitioner entitled to divorce — Marriage Act 1928 (No. 3726), sec. 75 (c).

Insurance — Policy of life assurance — Comprehensive motor car policy — Moneys payable on insured's death by accident — Whether protected from creditors — Companies Act 1938 (No. 4602), sec. 554(3)(a).

Negligence — Jury action — Direction to jury — Inadequate presentation of evidence — Absence of objection to direction — Order for new trial.

Transfer of land — Infant — Certificate of title in name of — Infancy not disclosed thereon — Contract and transfer by infant to transferee unaware of infancy — Transferee obtaining registration — Infant's repudiation of contract and transfer — Transferee's title whether indefeasible — Transfer of Land Act 1928 (No. 3791), secs. 62, 67, 72, 244.

Will — Charity — Gift to Presiding Sister of Deaconesses' Home to be applied "entirely at her own discretion" and free from any ecclesiastical control — Validity — Impossibility of performance.

Medical practitioner — "Infamous conduct in a professional respect" — Meaning — Deregistration of practitioner — Whether in public interest — Medical Act 1928 (No. 3730), sec. 7 — Medical Act 1933 (No. 4131), sec. 4.

Divorce — Desertion — Deserter returning home for two weeks before expiration of statutory period — Absence of intention to re-establish matrimonial relationship — Whether desertion terminated.