Income Tax — Tax on salary or wages — Deductions by employer — Lump sum payment — Whether fixed in relation to any period of time — Whether employer bound to make deductions — Income Tax Assessment Act 1936-1945 (No. 27 of 1936 — No. 4 of 1945), sec. 221C.

Criminal law — Defence of autrefois acquit — When to be raised.

National security — Purchase of residential business — Consent of Treasurer subsequently obtained — Validity of transaction — National Security Act 1939-1943 — National Security (Economic Organisation) Regulations (Statutory Rules 1942 No. 76, 1942 No. 110, 1942 No. 425, 1944 No. 52, 1944 No. 99), regs. 6, 10, 10C, 21.

Husband and wife — Maintenance — Wife owning equity in house in which residing — Whether without means of support — "Means of support" discussed — Maintenance Act 1928 (No. 3722), sees. 3, 4, 6.

Contract — Covenant in restraint of trade — Dentist not to practise within ten mile area — Illegality.

Service and execution of process — Warrant indorsed for execution in another State — Arrest of person charged — Jurisdiction of justice to order return of such person — Unjust or oppressive to order return — Service and Execution of Process Act 1901-1934 (No. 11 of 1901 — No. 45 of 1934), sec. 18.

Practice — Power to reserve case for Full Court — Judge exercising federal jurisdiction — Judge expressing definite view — Request of party — When to be made — Judiciary Act 1903-1940 (No. 6 of 1903 — No. 50 of 1940) — Supreme Court Act 1928 (No. 3783), sec. 44.

Divorce — Decree pronounced in New South Wales — Absence of jurisdiction to pronounce decree — Decree valid in New South Wales — Whether to be given recognition in Victoria — State and Territorial Laws and Records Recognition Act 1901-1928 (No. 5 of 1901 — No. 15 of 1928), sec. 18.

Will — Construction — Residuary estate — Gift of income to beneficiary until she attains age of twenty-five years — Half of capital then to be held in trust for her absolutely — Income of other half to be paid to her until she attains age of forty years — Balance of capital then in trust for her absolutely — Gift over in event of beneficiary dying "without leaving children" — Whether gift over prevents indefeasible vesting.

National Security — Landlord and tenant — Recovery of possession of premises — "Prescribed premises" — Notice to quit — Given by equitable, but not legal owner — Transfer not registered at time of giving notice to quit — Estoppel — Tenant not aware premises had been sold — Discontinuance of action — Transfer of Land Act 1928 (No. 3791), Part VI. — Property Law Act 1928 (No. 3754), secs. 141, 154 — National Security Act 1939-1943 — National Security (Landlord and Tenant) Regulations, regs. 8, 58.

Husband and wife — Maintenance — Means of support — Wife's earnings — Payments under Workers' Compensation Acts not "earnings" — Maintenance Act 1928 (No. 3722), secs. 3, 5, 6.

Police offences — Rogue and vagabond — Armed with pistol — Felonious intent — Evidence — Husband and wife — Offence not one respecting the person, health or liberty of wife — Wife not competent witness against husband — Police Offences Act 1928 (No. 3749), sec. 72 (11) — Crimes Act 1928 (No. 3664), sec. 432 (c) — Evidence Act 1928 (No. 3674), secs. 24, 26.

Divorce — Desertion — Separation by mutual consent — Separation agreement — Failure to carry out terms — Justifiable refusal to live together again — Taking of maintenance proceedings — Whether any desertion.

Husband and wife — Maintenance — Order made in another State — Order a nullity — Transfer of order to Victoria — Whether order enforceable in Victoria — Maintenance Act 1928 (No. 3722), Part IV.

Police offences — Vagrancy — Rogue and vagabond — Loitering — Suspected person — Intent to commit felony — Arresting constable with no knowledge of character of defendant — Accused known as suspected person by other than arresting constable — Police Offences Act 1928 (No. 3749), sec. 72 (9).

Administration and probate — Limited grant — To represent estate in contemplated action and to enforce indemnity — Supreme Court Act 1928 (No. 3783), sec. 17 — Administration and Probate Act 1928 (No. 3632), secs. 16, 66, 170 — Survival of Actions Act 1942 (No. 4918), sec. 3 — Motor Car (Third Party Insurance) Act 1939 (No. 4688), sec. 12.

National security — Landlord and tenant — Recovery of possession — Premises owned by executors — Notice to quit — Given by executors as individuals — Notice invalid — Construction of regulation — Premises required for occupation by lessors — Use for purposes of lessors' trade, profession, calling or occupation — National Security Act 1939-1943 — National Security (Landlord and Tenant) Regulations (Statutory Rules 1945 No. 97), regs. 8, 58.

Landlord and tenant — National security — "Prescribed premises" — Vacant land — Proceedings to recover possession — National Security Act 1939-1946 — National Security (Landlord and Tenant) Regulations, regs. 8, 58 — Landlord and Tenant Act 1928, (No. 3710), sec. 72.

Partition — Sale and distribution of proceeds — More beneficial for parties than division of property — Discretion to refuse order for sale — Mode of sale — Court not obliged to order sale by auction — Property Law Act 1928 (No. 3754), secs. 222, 223, 224, 225 — Rules of Supreme Court 1938, Order LI., r. 1A.

Trespass — Defendant laying poisonous baits — Baits picked up by complainant's dogs — Injury consequential, not direct — No action in trespass.

Will — Construction — Codicil altering disposition in will — Partial failure of gift in codicil — Dependent relative revocation — Property undisposed of by codicil held on trusts declared in will.

Infant — Custody — Welfare of infant — Religion — Father's right to determine — Subordinate to welfare of child — Marriage Act 1928 (No. 3726), sec. 136.

Administration and probate — Intestacy — Estate less than 1,000l. — Child of intestate adopted — Rights of intestate's widow — Bona vacantia — Adoption of Children Act 1928 (No. 3605), sec. 7 — Administration and Probate Act 1928 (No. 3632), secs. 45, 46, 47 — Statute Law Revision Act 1933 (No. 4191), sec. 2, Schedule.

Licensing — Disposal of liquor — Licensee treating friends in prohibited hours — Relationship of licensee and customer established — Offence — Licensing Act 1928 (No. 3717), sec. 177.

Settled land — Tenant for life — Powers of — Control by Court — Power to lease — Capricious refusal to grant lease to remaindermen — Power of Court to require lease for remaindermen — Settled Land Act 1928 (No. 3771), secs. 42 (5), 92 (2), 107.

Criminal law — Mens rea — Regulation creating offence — Defence — Honest and reasonable belief in facts which, if true, would not constitute offence — Whether available to defendant — Validity of regulation — Melbourne Harbor Trust Act 1928 (No. 3733), secs. 61, 138.

National security — Landlord and tenant — War service moratorium — "Protected person" — Dwelling-house unoccupied or about to become unoccupied — Persons in occupation — Warrant for possession — Form of warrant — Sufficiency of warrant — Amendment of warrant to conform with sec. 72 and Ninth Schedule of Landlord and Tenant Act 1928 (No. 3710) — Order to review — Intervention by person in occupation — National Security Act 1939-1943 — National Security (War Service Moratorium) Regulations (Statutory Rules 1946, Nos. 86 and 125), regs. 30A, 30ACA — Justices Act 1928 (No. 3708), secs. 150, 158.

Administration and probate — Will — Testator's family maintenance — Application within six months of grant of probate — Application out of time — Onus on applicant to show circumstances justifying enlargement of time — Administration and Probate Act 1928 (No. 3632), Part V., sec. 147 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 6.

Landlord and tenant — National security — Implied conditions in lease — Use of lift in city building — Injunction — Rights of tenant after expiry of notice to quit — Weekly tenancy — Date of expiry of notice to quit — Nuisance or annoyance to adjoining occupiers — National Security Act 1939-1946 — National Security (Landlord and Tenant) Regulations, regs. 58 (5) (d), 72.

Transfer of land — Easement — Prescription — Lost modern grant — Right of way — Twenty years' uninterrupted user openly and as of right — Land registered under Transfer of Land Act — Transfer of Land Act 1928 (No. 3791), sec. 72.

National security — Landlord and tenant — Recovery of possession of premises — Order that warrant of ejectment issue — Stay of execution after issue of warrant — National Security Act 1939-1943 — National Security (Landlord and Tenant) Regulations (Statutory Rules, 1945 No. 97; 1946 No. 98), regs. 64, 64A.

Administration and probate — Will — Originating summons — Deaths of two persons occurring about the same time — Evidence of survivorship — Presumption of survivorship — Property Law Act 1928 (No. 3754), sec. 184.

National security — Landlord and tenant — Recovery of possession of premises — Dwelling-house — Used by lessee for professional purposes — Unsuitability of alternative accommodation for such purposes — Hardship — Relevant matter for consideration — National Security Act 1939-1943 — National Security (Landlord and Tenant) Regulations (Statutory Rules 1945 No. 97), regs. 58 (5), 63.

Divorce — Adultery — Condonation — Subsequent sexual intercourse — Whether conclusive evidence of condonation.

Public service — Transfer of railway officers — Classification — Public Service Act 1928 (No. 3757), secs. 18, 22, 23, 27, 33, 38, 39 (1), 54-62, 164, 192 — Public Service (Transfer of Officers) Act 1936 (No. 4462), secs. 3, 4, 5 — Rules of the Supreme Court 1938, Order XXV., rule 5.

National security — Offering meat for sale at more than maximum fixed price — Honest mistake — Act complained of done without knowledge of defendant — Knowledge of employee within scope of employment knowledge of employer — Defendant a company — Systematically using due diligence to secure observance of regulations — National Security Act 1939-1943 — National Security (Prices) Regulations, reg. 29.

Practice — Bill of costs — Review of taxation — Taxing Master in error — Brief fees for King's counsel and junior — Conference fees — Qualifying and witnesses' fees — Rules of Supreme Court 1938, Order LXV., rr. 27 (29), (48), 41.

National security — Landlord and tenant — Recovery of possession of premises — Period of notice to quit — Determined by period of occupation — Tenancy of testator vesting in executor — Occupation by both testator and executor to be included — National Security Act 1939-1943 — National Security (Landlord and Tenant) Regulations (Statutory Rules 1945 No. 97), regs. 58, 59.

Divorce — Condonation — Reinstatement in fact — No intention to forgive — Nature of mental element in condonation.

Local Government — Municipal fund — Expenditure for purpose not expressly authorised or prohibited — Referendum — Sunday sport on municipal land — Opinion of ratepayers — Local Government Act 1928 (No. 3720), sec. 242 (3) — Local Government Act 1944 (No. 5056), sec. 18.

National security — Landlord and tenant — Recovery of possession of premises — Notice to quit — Acceptance of rent for more than six months thereafter — No intention by lessor to create new tenancy — Whether new tenancy to be implied — National Security Act 1939-1943 — National Security (Landlord and Tenant) Regulations (Statutory Rules 1945 No. 97), reg. 71.

Administration and probate — Will not forthcoming at date of death — Whether destroyed animo revocandi — Later document purporting to be will — Not executed in accordance with Wills Act — Dependent relative revocation.

Police offences — Actual possession — Goods suspected of being stolen or unlawfully obtained — Suspicion — Belief — Whether evidence sufficient to support charge of larceny — Dismissal of information where larceny might have been charged — Power of Court to deal with offence of more serious nature — Police Offences Act 1928 (No. 3749), secs. 40, 202.

Practice — Summons for final judgment — Leave to defend — When granted — Rules of Supreme Court 1938, Order XIV.

Landlord and tenant — Option to purchase — "Upon observance and performance" of terms of agreement — Breach of agreement — Breach remedied before exercise of option — Whether option validly exercised — Terms of purchase under option — Whether completed agreement constituted.

Practice — Costs — Review of taxation — Fees to counsel — Quantum — Party a witness — Expenses — Rules of Supreme Court 1938, Order LXV., rule 27 (41).

Administration and probate — Will — Testator possessed of land settlement leases — Payments to be made thereunder to establish freehold right — Specific devises of testator's "estate and interest" in lands subject to leases — Liability to make payments falling due after testator's death — Whether to be borne by specific devisees or testator's general estate — Administration and Probate Act 1928 (No. 3632), sec. 35.

Practice — Costs — Taxation — Review of — Discretion of Taxing Master — Matter settled after delivery of brief but before trial — What are appropriate brief and conference fees — Supreme Court Act 1928 (No. 3783), sec. 12 (1) — Rules of Supreme Court 1938, Order LXV., r. 27 (29), (41).

Administration and Probate — Advancement of beneficiaries — Powers of trustee — Purchase of dwelling-house — Payment out of corpus — Trustee Act 1928 (No. 3792), secs. 32, 57.

Motor car — Certificate of ownership — Whether document of title — Sale of car succeeded by hire-purchase by third party — Certificate of ownership transferred not to owner but direct to third party — Sale of car by third party — Whether owner estopped from claiming car from purchaser — Motor Car Act 1928 (No. 3741) — Motor Car Regulations 1931.

Administration and probate — Limited grant — To represent estate in contemplated action and to enforce indemnity — Supreme Court Act 1928 (No. 3783), sec. 17 — Administration and Probate Act 1928 (No. 3632), secs. 16, 66, 170 — Survival of Actions Act 1942 (No. 4918) — Motor Car (Third Party Insurance) Act 1939 (No. 4688), sec. 12.

Divorce — Desertion — Residence in State — Internment — Non-cohabitation — Departure from matrimonial relationship — Matrimonial Causes Act 1945 (No. 22 of 1945), secs. 4-6.

Criminal law — Buggery — Constituents of offence — Crimes Act 1928 (No. 3664), secs. 65, 67.

Criminal law — Rape — Whether force necessary to commit crime — Accused's belief woman a consenting party to intercourse — Necessity for evidence of belief — Direction to jury.

Administration and probate — Will lost since death of testator — Application for probate — Whether notice to next-of-kin required.

Divorce — Frequent convictions — Habitually leaving wife without means of support — Effect of wife's conduct on husband's obligation to support her.

Landlord and tenant — Notice to quit — Expiring on day following last day of period of tenancy — Monthly tenancy.

Administration and probate — Will — Evidence — Statement in document written by testator — Admissible as tending to prove document propounded is not testator's will — Evidence Act 1946 (No. 5183), sec. 3.

Practice — Costs — Failure of propounder to prove document is will of testator — No power to order costs against person not a party to action — Rules of Supreme Court 1938, Order LXV, rr. 1, 14D.

Crown — Landlord and tenant — National Security — Whether the Victorian Railways Commissioners are the Crown — Railways Act 1928, secs. 50, 71, 75, 79, 80, 84, 95, 100, 101, 102, 103, 111 — National Security Act 1939-1943 — National Security (Landlord and Tenant) Regulations, regs. 6, 58 — Landlord and Tenant Act 1928 (No. 3710) sec. 72.

National Security — War Service Moratorium — Protected person — Whether dwelling-house is unoccupied — Authority given by owner to person to occupy dwelling-house — National Security Act 1939-1943 — National Security (War Service Moratorium) Regulations, reg. 30 A.

Divorce — Jurisdiction under Commonwealth Act — Decree — Form and manner of making of — Whether "practice and procedure" — Application of law of which State — Matrimonial Causes Act 1945 (No. 22 of 1945), secs. 11, 15.

Criminal law — Sentence — Detention in reformatory prison.

Contract — Compromise of action — Trial adjourned — Term of compromise not fulfilled by defendant — Plaintiff at liberty to proceed on original cause of action — Practice — Compromise pleaded as defence arising after action brought — Rules of Supreme Court 1938, Order XXIV, rule 2.

National Security — Landlord and Tenant — Recovery of possession of premises — Discretion of Court to make order — Relevant matters for consideration — Conduct and attitude of parties — National Security Act 1939-1946 — National Security (Landlord and Tenant) Regulations (Statutory Rules 1945 No. 97), reg. 63.

Will — Construction — Unlimited gift of income — Whether gift of corpus implied — Limitation on power to devise shares — Life interest in residuary estate.

National Security — War Service Moratorium — Application by protected person for possession of dwelling-house about to become unoccupied — Owner not present when application heard — Dwelling-house already let to a tenant — Justices — Application for rehearing of application — Refusal to grant rehearing — Audi alteram partem — "Person aggrieved" — Order to review — National Security Act 1939-1946 — National Security (War Service Moratorium) Regulations, reg. 30 A. — Justices Act 1928 (No. 3708), sec. 66, 150, 155.

Evidence — National Security — Prices regulations — Sale above maximum fixed price — Presumption of correctness of scales — Burden of proof — Duty on prosecution to exclude every reasonable hypothesis consistent with innocence — Evidence for defence uncontradicted and not intrinsically unworthy of belief — National Security Act 1939-1943 — National Security (Prices) Regulations, reg. 29.

Divorce — Desertion — Order made by Court of Summary Jurisdiction in Western Australia relieving wife from obligation to cohabit — Such order given force of decree of judicial separation — Parties domiciled throughout in Victoria — Whether such order binding on Supreme Court of Victoria.

National Security — Prices — Sale of goods at more than maximum fixed price — Sale on behalf of defendant — Without the knowledge of defendant — Systematically using due diligence to secure observance of regulations — Matters upon which Court must be satisfied — Defence (Transitional Provisions) Act 1946 — National Security (Prices) Regulations, reg. 29.

Companies — Debenture — Filing with Registrar-General for registration as a charge — Caveat — Withdrawal of caveat — Whether application for extension of time for registration necessary — Companies Act 1938 (No. 4602), secs. 79, 85.

Will — Construction — Life interest in land with option to transfer for specific purpose — Attempt to impose limitations on fee simple — Estate unknown to the law.

Criminal law — Larceny of property of the Commonwealth — Dismissal of charge by a Court of Petty Sessions — Court of competent jurisdiction — Presentment on same charge before a Court of General Sessions — Plea of autrefois acquit — Jury empanelled to determine the plea — Direction that the plea is bad — Finding by jury in accordance with the direction — Direction wrong in law — Prohibition — Certiorari — Crimes Act 1914-1944, sec. 71 — Judiciary, Act 1903-1940, secs. 68, 69, 71A — Crimes Act 1928 (No. 3664), secs. 387, 388, 389, 486.

Master and Servant — Contributory Provident Fund — Rules — Interpretation — Contributions out of Salary — Directory, not mandatory — Continuous service of Employee — Not affected by leave of absence.

National Security — War Service Moratorium — Dwelling-house about to become unoccupied — Applications for possession by two protected persons — One of such protected persons already in residence without any legal right — "Self-imposed hardship" if order for possession made — National Security Act 1939-1946 — National Security (War Service Moratorium) Regulations, reg. 30A.

National Security — Landlord and tenant — Notice to quit — Dismissal of application based on notice to quit — Second application for possession based on same notice to quit — National Security Act 1939-1946 — National Security (Landlord and Tenant) Regulations, regs. 58, 62, 62A.

Licensing — Dance being held in public hall — Person in possession of liquor after having attended dance — On premises occupied by him as a dwelling — Premises in vicinity of hall — Whether in possession of liquor in character of person having attended dance — Licensing Act 1946 (No. 5197) sec. 2.