Infant — Custody — Religion — Parents of different religion — Effect of marital conduct of parties — Standard of conduct — Publication of report of proceedings.

Divorce — Desertion — Deed of separation — Repudiation — Whether acceptance of repudiation.

Criminal law — Murder — Death alleged to be result of unlawful attempt to procure abortion — Direction to jury where death caused in course of committing felony.

National Security — Landlord and tenant — Recovery of possession of premises — On ground property sold and purchaser required to pay not less than one-fourth of purchase money within twelve months — Contract subject to consent of the Treasurer — Whether the contract required payment within twelve months — National Security (Landlord and Tenant) Regulations — National Security Act 1939-1943.

Shipping — Sea-carriage of goods — Bill of lading — Non-delivery of goods — Damages — Condition in bill of lading that goods did not exceed 5l. in value unless specifically stated — Whether condition null and void — Estoppel — Deceit — Sea-Carriage of Goods Act 1924 (No. 22 of 1924), Schedule.

Divorce — Desertion — Continuity of desertion — Parties cohabiting during statutory period — Termination of desertion.

Divorce — Practice — Delay in proceeding with petition — Application to dismiss for want of prosecution — Procedure.

Local Government — Rating on unimproved values — Capital improved value — Method of ascertainment — Local Government Act 1928 (No. 3720), secs. 313, 315.

National Security — Landlord and tenant — Recovery of possession of premises — Tenant a "protected person" — Sub-letting of the premises and tenant permanently residing elsewhere — Whether "the premises" includes portion of the premises — National Security (War Service Moratorium) Regulations, reg. 30 (5) (Statutory rule 101 of 1945) — National Security (Landlord and Tenant) Regulations — National Security Act 1939-43.

Will — Devise to "my cousin William Cullen" — Whether words descriptive of cousin once removed — First cousin named "William Cullen" — Cousin once removed named "William George Cullen" — Whether extrinsic evidence as to intention admissible.

Licensing — Selling liquor without a licence — Restaurant — Wine served with meals if requested — No extra charge made — Whether a sale or gift — Sale by waiter as employee — Aiding and abetting offence — Licensing Act 1928 (No. 3717), sec. 161 — Justices Act 1928 (No. 3708), sec. 74.

Divorce — Adultery — Standard of proof required — "Reasonable satisfaction" as to proof of adultery — Proofs exact and surviving careful scrutiny — Marriage Act 1928 (No. 3726), sec. 80.

Domicil — Acquisition of domicil of choice when serving in His Majesty's forces.

Administration and probate — Will — Annuity to widow — Surplus income "subject to annuity" disposed of to son — Insufficient income to pay annuity — Whether arrears of annuity payable out of future income.

Administration and probate — Will appointing "the Salvation Army" as executor and bequest thereto — Grant of letters of administration with the will annexed to The Salvation Army (Victoria) Property Trust — Salvation Army (Victoria) Property Trust Act 1930 (No. 3896), sec. 18.

National Security — Landlord and tenant — Recovery of possession of premises — Notification of vacation of premises by lessee — Portion sub-let — Whether lessee had given up possession of the premises — Determination of tenancy — National Security (Landlord and Tenant) Regulations, reg. 73 — National Security Act 1939-43.

Vendor and purchaser — Contract for sale of land — Sale conditional upon consent of Treasurer — Consent at contract price not given upon original application — Consent subsequently given — Vendor declining to proceed — Specific performance.

Trusts — Power of appointment — Whether power executed by will — Application of rule in Howe v. Lord Dartmouth — Wills Act 1928 (No. 3803), sec. 25.

Infant — Custody — Welfare of child — Habeas corpus — Illegitimate child — Mother seeking transfer of child from custody of foster mother — Adoption of child — Application for — Refusal of consent by mother to adoption — Conditions under which Court will dispense with parent's consent — Adoption of Children Act 1928 (No. 3605), sec. 4 (3) — Marriage Act 1928 (No. 3726), secs. 136, 150-156.

Will — Construction — Gift of income until son "has attained age of thirty-five years" — No express disposition of income between date of son attaining such age and his death — Intention of testator — Omission in will supplied by inference — Gifts subject to condition of marrying a wife "of Jewish faith" — Condition void for uncertainty.

Workers' compensation — Industrial disease — Failure to give notice of disablement — Prejudice of employer — Workers' Compensation Act 1928 (No. 3806), secs. 11, 18, 22-24 — Workers' Compensation Act 1940 (No. 4762), sec. 3.

Executors and administrators — Contract made on behalf of three executors — Contract entered into by two only — Validity — Postponement of sale of property — Estate administered and residuary devisees entitled to demand their shares — No power to postpone — Property Law Act 1928 (No. 3754), sec. 32.

Criminal law — Evidence — State of mind of accused — Defence of self-protection — Accused's belief that he was protecting himself from attack — Whether evidence of previous attacks or of his belief as to them admissible.

Will — Ambiguity — Latent — Description covering two persons — Whether parol evidence admissible to show testator's intention — Uncertainty.

Transport regulation — Commercial transport vehicle licences — Transfer — Transport regulation giving Board discretion — Validity of regulations for transfer of licences — Whether Board's discretion permits it to consider matter extraneous to Acts — Preference to returned servicemen — Transport Regulation Acts 1932 (No. 4100); 1933 (No. 4198); 1935 (No. 4298); Transport Regulations — (General Regulations No. 1), cls. 35-37.

National security — Landlord and tenant — Notice to quit — Given by joint lessors — Dwelling required by one only — Whether a prescribed ground for termination of tenancy — National Security (Landlord and Tenant) Regulations (Statutory Rules 97 of 1945), reg. 58 — National Security Act 1939-1943.

Will — Construction — Gifts to "widow" by name — De facto wife — De facto widow — During "widowhood" — Facts conclusively indicating intended beneficiary and conditions of gifts.

Local Government — Rates — Crown agency — Exemption of Crown — Land vested in Grain Elevators Board — Body corporate constituted by State Act — Ministerial control and independent discretion — Local Government Act 1928 (No. 3720), sec. 249 — Grain Elevators Acts 1934 (No. 4270), 1939 (No. 4675), 1942 (No. 4931).

Will — Construction — Equitable life estate subject to conditions — Condition "provided he shall not marry a member of family of W." void for uncertainty — Condition "subject to punctual payment" valid condition of defeasance — Condition "shall personally occupy my estate and give his undivided attention thereto" void for uncertainty — Severable conditions.

Administration and probate — Administrator ad litem — Action in a County Court — Jurisdiction to appoint administrator to defend action — County Court Act 1928 (No. 3663), sec. 87 (6) — Rules of Supreme Court 1938, Order XVI., rule 46.

National security — Permit to carry on business — Cancellation — Creditor obtaining permit to recommence business on behalf of creditors — Carrying on business with authority of owner — No transfer of beneficial interest — Permit exercisable only for owner's benefit — Liability to account to owner — National Security Act 1939-1943.

Will — Gift — Forfeiture clause — "Should any child of mine marry anyone not of the Jewish religion" — Void for uncertainty — Recoupment by beneficiary overpaid.

Vendor and purchaser — Sale of land and business subject to consent of Treasurer — Possession taken pending consent — Consent refused and contract terminated — Purchaser's right to return of moneys paid — Purchaser's obligation to preserve business — Occupation rent.

Vendor and purchaser — Sale of sawmill business and plant — Licence to cut and remove timber — Not under seal — Whether exclusive — Right in nature of profit prendre — Creation of equitable rights — Interference with — Whether action for damages lies.

National security — Landlord and tenant — Recovery of possession of premises — Owner living in premises — Whether other occupiers tenants or licensees — Retention of control by owner — Presumption against tenancy.

National security — Landlord and tenant — Recovery of possession of premises — Lease — Expiration of lease — Tenant holding over against will of landlord — Notice to quit — Breaches of covenant — Statutory "lessee" under National Security (Landlord and Tenant) Regulations — Attempt to exclude breaches of covenant during overholding period — Statutory lessee bound by lease — Hardship to parties — Availability of alternative accommodation — Whether matter for consideration — National Security Act 1939-1943 — National Security (Landlord and Tenant) Regulations (Statutory Rules 1945 No. 97), reg. 63.

Contract — Rescission — Undue influence — Parent and child — Fiduciary relationship — Child of mature age, long married, and living away from parent — Transfer of house by direction — Necessity for independent legal advice.

Will — Construction — Residue — Equal gifts to two sisters "provided they shall both survive" — Both predecease testatrix leaving issue — Substitutionary gift "in the event of either of them predeceasing me leaving issue" — Quantum of gift amount sister would have taken "had she survived to receive the same".

Divorce — Domicil — Residence of petitioning wife — Petitioner moved to another State under orders — De facto residence — Matrimonial Causes Act 1945 (No. 22 of 1945).

Trust deed — Construction — Trust to "officers and/or men" of Australian Navy — Whether women's naval services included.

National security — Landlord and tenant — Recovery of possession of premises — Weekly tenancy — Assignment by tenant after giving notice of intention to vacate premises — Assignee not accepted by landlord — Possession of assignee — Whether assignee entitled to benefit of National Security (Landlord and Tenant) Regulations — Costs of action for possession — National Security Act 1939-1943 — National Security (Landlord and Tenant) Regulations (Statutory Rules No. 97 of 1945), reg. 8 (2).

Administration and probate — Will of soldier in actual military service — Application for probate — Completed document in handwriting with testator's Christian name incorrect but identification proved — Unsigned and unattested — Death of testator and draughtsman — Wills Act 1928 (No. 3803), sec. 10; Wills (War Service) Act 1939 (No. 4684), sec. 2.

Criminal law — Misconduct in a public office — Misdemeanour at common law — Whether offence by officer of Commonwealth — Receipt of secret profit — "Corruptly" — Public Service Act 1922-1941, sec. 55.

Health — Food — Milk — Not of prescribed standard — Sale to authorised officer pursuant to demand — Delivery of a number of cans to customer — Samples taken from some cans only — Whether offence committed — Health Act 1928 (No. 3697), secs. 215, 247 — Health Act 1935 (No. 4333), sec. 15.

Administration and Probate — Will — Grant of administration c.t.a. — Testator's signature in attestation clause — Witnesses unable to remember signing by testator — Wills Act 1928 (No. 3803), sec. 7.

Wrongs — Action under Wrongs Act 1928, Part III. — Damages — Assessment of — Matters for consideration of Court — Wrongs Act 1928 (No. 3807), sec. 18.

Vendor and purchaser — Declarations as to future rights of parties — Building scheme — Subdivisional sale by lots — Portion reserved for common ownership — Contract of sale — Provision for transfer to common ownership of portion reserved — Sale of lots incomplete — Vendors seeking declaration against purchaser that common ownership clauses unenforceable — Representative order — Property Law Act 1928 (No. 3754), sec. 49.

Income Tax — Taxation prosecution — Whether civil or criminal proceeding — Intent of defendant not to be averred — Meaning of "intent" — Offence of knowingly and wilfully understating income — Ingredients of offence — Income Tax Assessment Act 1936 (No. 22 of 1936), secs. 230, 243.

Administration and probate — Widow's maintenance — Applicant's moral claim, on testator — Widowhood prim facie proof of such moral claim — Character or conduct of applicant — Burden of proof of lack of character or conduct on those resisting application — Administration and Probate Act 1928 (No. 3632), Part V.

Copyright — Infringement — Musical composition — Public performance — Electrically operated automatic gramophone — Group of records selected periodically for machine by installer — Records played by public chosen from installer's selection — Records played publicly for profit — Profits shared by installer and shop proprietor — Public playing of record without licence — Authorisation to play publicly — Injunction — Copyright Act 1912 (No. 20 of 1912), Schedule, sec. 1 (2).

Will — Construction — Trusts — Life estate — Remainder — Interest of remaindermen in corpus — Time of vesting of interests — Period in which liable to defeasance — Adopted child — Whether "issue" — Adoption of Children Act 1920 (Tasmania, 11 Geo. V., No. 5), sec. 8.

National Security — Landlord and Tenant — Recovery of possession of premises — Principles governing — Hardship — Reasonably suitable alternative accommodation — Landlord a protected person — National Security (Landlord and Tenant) Regulations (Statutory Rules 1945 No. 97), reg. 63 — National Security (War Service Moratorium) Regulations (Statutory Rules 1945 No. 101), reg. 30 (3) — National Security Act 1939-1943.

National Security — Landlord and tenant — Recovery of possession of premises — Nonpayment of rent — Payments in respect of option to purchase conferred by lease — Whether "rent" — Estoppel — Previous action for possession — Finding therein that lease of premises had been determined — Matter not essential to decision — Not res judicata — National Security Act 1939-1943 — National Security (Landlord and Tenant) Regulations.

Contract — Damages — Breach of warranty — Sale of business and assignment of lease — Lease non-existent — Clause naming liquidated damages — Whether penalty — Whether applicable to breach of warranty — Effect on damages — Notice to quit business premises — Measure of damages — Value of goodwill attributable to unexpired term of lease as warranted.

Settled land — Undivided moiety in equity under contract of sale — In trust for infant — Sale of entirety by purchaser — Subsequent appointment of trustees of settlement — Confirmation of sale — Settled Land Act 1928 (No. 3771), secs. 8, 19, 36, 38, 64.

Practice — Action for negligence — Submission that no case to go to jury — Hearing of submission — Election of defendant not to call evidence — Judgment for defendant at close of plaintiff's case — Whether jury should first be directed to return a verdict for defendant.

Divorce — Desertion — Husband's unjustifiable drunkenness and leaving wife without support — Refusal to reform — Wife's warnings that she would have to leave husband unless he reformed — Whether husband's conduct constituted constructive desertion.

National security — Prices regulation — Averment of prosecutor — Who is "prosecutor" — Matters which may be averred — National Security Act 1939-1943 — National Security (Prices) Regulations (Statutory Rules 1940 No. 176; 1942 No. 513; 1944 No. 113; 1945 No. 47).

Administration and probate — Assets of testator difficult to realise — Postponement of conversion — Interest and other expenses incurred for preservation of property — Whether to be recouped from income from investments after conversion.

Police offences — Lottery — "Raffle at any bazaar" — Prize taken from contributions by players — Whether a "raffle" — Whether "proceeds" exclusively devoted to charity — Police Offences Act 1928 (No. 3749), sec. 88 (3)(c).

National security — Landlord and tenant — Ejectment proceedings on notice to quit — Adjournment on conditions — Issue of second notice — Whether waiver of first notice — National Security Act 1939-1943 — National Security (Landlord and Tenant) Regulations.

Justices — Order to Review — Interlocutory order — Application by party specifying date for hearing — Refusal by Court to hear before date specified — Whether reviewable — Justices Act 1928 (No. 3708), secs. 4, 150.

National Security — Landlord and Tenant — Recovery of possession of premises — Order for warrant of ejectment — Subsequent application for stay of proceedings — Application specifying date for hearing — Power of Court to hear before date specified — National Security Act 1939-1943 — National Security(Landlord and Tenant) Regulations (Statutory Rules 1945 No. 97, 1946 No. 98), regs. 64, 64A.

Wrongs — Practice — Pleading — Particulars under Wrongs Act 1928, sec. 20 — Plaintiff failing to deliver with statement of claim — Not a ground of defence — Wrongs Act 1928 (No. 3807), sec. 20.

Police offences — Idle and disorderly person — Having on person deleterious drug — Sufficiency of evidence that drug deleterious — Police Offences Act 1928 (No. 3749), sec. 69 (6).

Divorce — Desertion — Commencement of desertion — Receipt of letter refusing to live together again.

Administration and probate — Will — Construction — Printed form — Marginal instructions — Admitted to probate as part of will — Executors — Alternative appointment — Whether void for uncertainty.

Divorce — Custody of children — Father divorcing mother on ground of adultery — Marriage of mother to co-respondent — Order granting custody to father — Access to mother — Principles determining.

National security — Landlord and tenant — Recovery of possession of premises — "Lessor" — Notice to quit by lessor — Assignment of lease — Action to recover possession by assignee — Ground for recovering possession existing at time of giving notice but not when action brought — Reasonably required — Hardship — National Security Act 1939-1943 — National Security (Landlord and Tenant) Regulations (Statutory Rules, No. 97 of 1945), regs. 8 (1), 58 (5)(g), 62, 63.

Administration and probate — Will — Representative of Australian Red Cross Society with the army — Will made in army hospital — Whether "being in actual military service" — Wills Act 1928 (No. 3803), sec. 10 — Wills (War Service) Act 1939 (No. 4684), sec. 2.

National Security — Application for possession — Unoccupied dwelling-house — Protected person — Owner intending to return — Hardship — What constitutes occupation — Order to review — National Security Act 1939-1943 — National Security (War Service Moratorium) Regulations (S.R. No. 86 of 1946).

Contempt of Court — Publication in newspaper of matter prejudicial to fair trial — Publication of matter favourable to accused — Statements calculated or likely to interfere with fair trial — Publication of accused's previous criminal history while charges pending — Effect on jurors who may be impanelled — Intention to prejudice fair trial irrelevant — Jurisdiction of Supreme Court — Discretionary power to deal with contempt.

Criminal law — Justices — Sentence suspended upon recognisance to be of good behaviour — Breach of recognisance — Direction to undergo suspended sentence — Defendant already serving another sentence — No power to make sentences concurrent — Crimes Act 1928 (No. 3664), secs. 532, 533, 534, 538 — Justices Act 1928 (No. 3708), sec. 120 — Gaols Act 1928 (No. 3690), sec. 21.

Local government — By-law — Regulating and restraining building — Extension of purposes for which by-laws may be made — Subsequent amending by-law — Construction — Whether limited to purposes of original by-law — Residential areas — Erection of building for any class of trade prohibited — Extension of existing building not precluded — Meaning of "extension" — Includes erection of additional detached buildings — Local Government Act 1928 (No. 3720), secs. 197 (5) (b), 198 (1) (a) — Local Government Act 1938 (No. 4629), sec. 11.

Negligence — Road accident — Collision at street intersection — Giving way to vehicle on the right — Damages — Whether excessive — Practice — Action brought against two defendants — Appeals by each defendant against judgment for plaintiff — Right of one defendant to be heard on other defendant's appeal.