Infants — Adoption of children — Application for custody — Child in actual custody of other persons — Whether consent of such persons may be dispensed with — Adoption of Children Act 1928 (No. 3605), sec. 4 (3).

Will — Construction — Gift contained in direction to pay income — Contingent on happening of future event — Whether gift vested.

Administration and probate — Passing executor's accounts — Procedure by originating summons — Whether still available — Administration and Probate Act 1928 (No. 3632), sec. 59 — Administration and Probate (Amendment) Act 1948 (No. 5277), sec. 5.

Will — Charity — Gift in trust to Navy League Sea Cadets or any other youth welfare organization — Gift to "any other youth welfare organization" void for uncertainty — Effect — Property Law Act 1928 (No. 3754), sec. 131.

Landlord and tenant — Lease — Licence — Contract to defeat, evade or prevent operation of Act — Sub-letting without consent or approval of lessor — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5) (o), 63.

Criminal law — Bail — Discretion — Interests of justice and the community to be considered.

Criminal law — Evidence — Corroboration — Direction to jury — Defence not raised by accused — Charge of assault with intent to rape — Need for direction as to intent — Alternative counts charged — Conviction on one count — Power of Full Court to substitute verdict of guilty on other count.

Divorce — Permanent alimony — Deed of settlement between the parties — Whether claim barred thereby — Jurisdiction of Court — Marriage Act 1928 (No. 3726), secs. 95, 96, 106, 107 — Marriage (Divorce) Act 1933 (No. 4210), sec. 5.

Landlord and tenant — Warrant for recovery of possession — Issue — Postponement — Whether power to do so — Landlord and Tenant Act 1928 (No. 3710), sec. 72 — Landlord and Tenant Act 1948 (No. 5264), sec. 85 (c) — Landlord and Tenant (Amendment) Act 1948 (No. 5291), sec. 17.

Local Government — By-laws — Prescribing residential areas — Apartment house business — Restaurant used therewith — User prohibited prior to enactment of by-law — Continued use — Whether affected by Local Government Act 1946 (No. 5203), sec. 197 (7).

Coroner — Magisterial inquiry — Common law jurisdiction to quash inquisition — Practice on magisterial inquiries — Extension — Validity — Certiorari to quash inquisition recorded on magisterial inquiry — Grounds — Discretion — Coroners Act 1928 (No. 3661), sec. 10.

Landlord and tenant — Rent of prescribed premises — Premises originally let unfurnished — Furniture subsequently installed — Rent increased without approval of a Fair Rents Board — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-1947 — National Security (Landlord and Tenant) Regulations, reg. 15 — Landlord and Tenant Act 1948 (No. 5264), sec. 12.

Prices regulation — Commonwealth Regulations ceasing to have effect "from and including" a specified date — State legislation operative from that date — Declaration under Commonwealth Regulations continued in force by State Act — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-1947 — National Security (Prices) Regulations, regs. 3B, 48 — Prices Regulation Act 1948 (No. 5310), secs. 3, 4.

Criminal law — Prices regulation — Offence to sell at more than fixed, maximum price — Mistake not a defence — Prices Regulation Act 1948 (No. 5310), sec. 25.

Will — Construction — Extrinsic evidence — Whether admissible — No equivocal description — Uncertainty.

Will — Construction — Abatement of legacies — If net value of estate less than named amount — Meaning — Effect.

Contempt of Court — Royal Commission — Royal Commission (Communist Party) Act 1949 (No. 5366) — Royal Commission (Communist Party) Amendment Act 1949 (No. 5386).

Evidence — Presumption — Affidavit and recognisance lodged pursuant to statutory requirement — Printers and Newspapers Act 1928 (No. 3753), secs. 12, 13, 17.

Landlord and tenant — Recovery of possession of premises — Specified grounds — Notice to quit containing ground not specified — Validity of notice to quit — Particulars in notice — "Special circumstances" — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5), 37 (6), 45 (2) (a).

Administration and probate — Testator's family maintenance — Husband's moral duty to make provision for widow — Character or conduct of applicant disentitling her to provision — Testator's suspicions as to widow's conduct unjustified — Duty of Court to determine whether such suspicions justified or not — Administration and Probate Act 1928 (No. 3632), Part V, secs. 139, 144 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.

Railways — Practice — Infants — Notice of intended action — "Nature of intended action and cause thereof" — Particulars of negligence not given in notice — Railways Act 1928 (No. 3759), sec. 200.

Principal and agent — Deposit paid to agent — Contract subject to consent of Treasurer — No consent — Whether agent a stakeholder.

Workers' Compensation — Industrial disease — Certificate of medical practitioner — Contents — Case stated — Objection in law taken thereon — Workers' Compensation Act 1928 (No. 3806), sec. 18 — Workers' Compensation Act 1946 (No. 5128), sec. 8 (1).

Landlord and tenant — Protected person — Premises "about to become unoccupied" — Owner desiring to go into occupation — Premises not "about to become unoccupied" — Landlord and Tenant Act 1948 (No. 5264), secs. 73, 74 — Landlord and Tenant (Amendment) Act 1948 (No. 5291), sec. 13.

Hairdressers — Unregistered person — Registration — Qualifications for practice — Whether "qualified to practise" means qualifications entitling a person to practise or qualification under the relevant legislation — Hairdressers' Registration Act 1936 (No. 4396), sec. 11.

Administration and probate — Will — Omission of words from probate copy — Jurisdiction — Deletion of scandalous words.

County Court — Practice — Action brought in County Court — Appeal to Full Court — Re-hearing by Supreme Court Judge — Non-appearance of plaintiff at re-hearing — Application of Order XXXVI, rule 23 of Rules of Supreme Court 1938 — Power of judge who re-hears to order costs — County Court Act 1928, sec. 74 (3).

Justices — Complaint — Service — Failure to serve defendant — Order made against defendant — Review of order — Whether procedure by order to review available — Evidence admissible on return of order to review — Justices Act 1928 (No. 3708), secs. 150, 155.

Real property — Action to recover possession — Defendant a trespasser — Mesne profits — Whether recoverable from date of judgment to date of delivery of possession — Supreme Court Act 1928 (No. 3783), sec. 132.

Divorce — Desertion — Constructive desertion — Conduct of respondent — Intention of respondent to terminate matrimonial relationship.

Divorce — Adultery — Practice — Service of notice on named woman — Service out of time — Dispensing with further service.

Divorce — Petition under Commonwealth Act — Indorsement as to law of State in accordance with which relief is sought — Statement in prayer of petition — Whether an indorsement — Leave to amend petition — Matrimonial Causes Act 1945 (No. 22 of 1945), Part II — Divorce Rules 1949, rules 14, 54, 128, 146, 150.

Divorce — Desertion — Prior petition on file — Desertion period complete before filing of such petition — Petition no bar to relief.

Landlord and tenant — Mortgage — Transfer of first mortgage of land under Transfer of Land Act — Action by transferees against mortgagors for possession — No attornment clause in mortgage — Whether action prohibited by Landlord and Tenant Act — Transfer of Land Act 1928 (No. 3791), sec. 156 — Landlord and Tenant Act 1948 (No. 5264), secs. 2, 37.

Administration and probate — Maintenance of wife — Order made in another State made enforceable in Victoria — Arrears owing at death of deceased — Whether a debt or liability executor under a duty to pay out of deceased's Victorian estate — Maintenance Act 1928 (No. 3722), Part IV, Division 3.

Divorce — Jurisdiction — Petition under Part II of Commonwealth Act — Basis of jurisdiction — Necessity to comply with domiciliary requirements of. State law — Matrimonial Causes Act 1945 (No. 22 of 1945), Part II.

Will — Construction — Request to persons of Jewish faith — Whether descriptive of class of persons or condition subsequent — Whether uncertain.

Will — Construction — Provision that child "be brought up according to the rites of the Church of England" — Uncertainty — Public policy — Condition precedent or subsequent — Provision trustee not to provide money for education of child in a Roman Catholic school or institution — Provision void.

Criminal law — Fitness of accused to plead — State of mind less than insanity — Accused incapable of understanding and participating in the trial to extent necessary for defence — Conviction quashed — Retrial — Charge of murder — Verdict and conviction for manslaughter — Retrial for manslaughter only.

Divorce — Adultery — Petition to state name of person with whom adultery charged — Name to be stated though evidence insufficient to prove adultery against such person — Leave to amend petition — Service of amended petition and notice to named woman respectively — Divorce Rules 1949, rr. 3, 11 (3).

Divorce — Desertion — Offer to discuss reconciliation — Whether constitutes offer to resume matrimonial relations — Circumstances in which deserted spouse may become the deserter.

Patent — Infringement alleged — Photographic apparatus — Lapse — Restoration — Essential feature of patent not exploited — What constitutes subject-matter, inutility and insufficiency.

Contempt of Court — Summary jurisdiction — Article in newspaper criticising appointment to Supreme Court Bench — Limits of criticism and comment — When hostile criticism is contempt of Court.

Arbitration — Application for stay of proceedings — Whether dispute unsuitable for arbitrator to try — Onus of proving — Claim for dissolution of partnership — Claim for receiver — Arbitration Act 1928 (No. 3637), sec. 5.

Divorce — Sodomy — Burden of proof — Whether civil or criminal standard — Indecent pictures shown by respondent to petitioner — Admissibility — Evidence of complaint — Whether admissible.

Landlord and tenant — Recovery of possession of premises — Notice to quit served during currency of three year term — Grounds stated in the alternative — Validity of notice to quit — Premises whether required by lessor "in his trade, profession, calling or occupation." — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5) (g), 38.

Landlord and tenant — Protected person — Application for possession of premises — Premises averred to be unoccupied — Prior to service of application, premises leased on weekly basis — Lessee desiring to go into occupation — Premises being repaired — Meaning of "unoccupied" — Whether dwelling-house "acquired" for lessee's accommodation — Lessee a protected person — Meaning of "owner" — Whether dwelling-house "reasonably required" for occupation — Landlord and Tenant Act 1948 (No. 5264), secs. 73-75, 78, 80 — Landlord and Tenant (Amendment) Act 1948 (No. 5291), sec. 13.

Justices — Execution — Where warrant ordered by Court of Petty Sessions has been executed — Order nisi made absolute — Power of Supreme Court to order writ of possession issue — Justices Act 1928 (No. 3708), secs. 106, 155.

Transport regulation — Motor car — Carry goods for hire or reward or in the course of trade — Sunday — Similar acts on other occasions — Estoppel — Transport Regulation Act 1933 (No. 4198), sec. 40.

Divorce — Petition on ground of habitual drunkenness and cruelty — Previous order for separation by Court of summary jurisdiction in another State — Effect of order — Res judicata — Estoppel — Unreasonable delay.

Landlord and tenant — Rent fixation — Lease providing for increase of rent at the end of certain periods of time — Whether increase in rent made on date when agreement for increase made or on date when increase takes effect — Landlord and Tenant Act 1948 (No. 5264), sec. 12 (1).

Administration and probate — Probate "granted" by Registrar — Parchment not issued — Change of name of executor company — Powers — Practice — Administration and Probate Act 1928 (No. 3632), sec. 7 — Trustee Companies Act 1928 (No. 3793), sec. 3 — Companies Act 1938 (No. 4602), secs. 3, 19, 316.

Vendor and purchaser — Sale of business — Vacant possession of shop and attached dwelling to be given by "vendor" — Contract signed by one of two vendors only — Contract partly performed — Whether clauses as to vacant possession uncertain or illegal — Purchaser becoming sub-tenant of vendors — Implied covenant for quiet enjoyment — Specific performance of contract of sale — Form of order — Power to award damages — Supreme Court Act 1928 (No. 3783), sec. 62 (4) — Landlord and Tenant Act 1948 (No. 5264), sec. 31 (1) (a) (v).

Practice — Joinder of defendant after evidence taken — Procedure to be adopted.

Road traffic — "Major street" — "Minor street" — Duties of drivers on approaching intersection — Road Traffic Act 1935 (No. 4352) — Road Traffic Regulations 1939, regs. 2, 7, 8, 9.

Coroner — Magisterial inquiry — Certiorari to quash inquisition recorded on magisterial inquiry — On ground finding did not adequately describe manner of death — Discretion — Further inquiry not impracticable — Inquisition quashed and new inquiry ordered — Locus standi of applicant for certiorari.

Medical practitioner — Infamous conduct in a professional respect — Covering — Issue by unqualified person of certificates and prescriptions over name of registered practitioner — Whether conduct disqualifies from practice — Public interest — Discretion to remove from register — Medical Act 1928 (No. 3730), sec. 7 — Medical Act 1933 (No. 4131), secs. 4, 7.

Landlord and tenant — Protected person — Application for possession of premises — Premises alleged to be "about to become unoccupied" — One of several owners intending to occupy — Whether premises "about to become unoccupied" — Landlord and Tenant Act 1948 (No. 5264), secs. 73, 74 — Landlord and Tenant (Amendment) Act 1948 (No. 5291), sec. 13.

Principal and agent — Commission — Instructions "to secure purchaser and accept offer to purchase" — Meaning — Offer to purchase obtained "subject to finance" — Finance not raised — Whether commission payable.

Will — Construction — Gift of income of residue subject to payment of annuities and protective trusts — General power of appointment over corpus and income given to recipients of income — Exercise of power by donees in own favour during lifetime of annuitants — Whether absolute interests thereby gained in residuary estate.

Administration and Probate — Will — Execution — Whether acknowledgment by testator of his signature "in the presence of" both witnesses required — Wills Act 1928 (No. 3803), sec. 7.

Administration and probate — Will — Revocation — Unauthorised act of destruction — Possibility of ratification — Wills Act 1928 (No. 3803), sec. 18.

Administration and probate — Appointment of administrator ad litem — To represent estate in contemplated action and to enforce indemnity — Necessity for notice of application — Supreme Court Act 1928 (No. 3783), sec. 17 — Probate and Administration Rules 1939, rules 3, 17, 38, 39.

Will — Power of appointment — Exercise of power coupled with a condition — Construction — Whether fraud on power — Severability of condition.

Landlord and tenant — Justices — Appeal to General Sessions — Whether appeal lies from stipendiary magistrate's decision under Part III of Landlord and Tenant Act 1948 — Landlord and Tenant Act 1948 (No. 5264), secs. 49, 55, 68.

Divorce — Nullity — Impotence — Birth of child to petitioner — Application of rule in Russell v. Russell — Corroboration of petitioner's evidence — Evidence of physician as to characteristics observed during consultation with patient — Admissibility — Evidence Act 1928 (No. 3674), sec. 28.

Specific performance — Delay — Plaintiff partly responsible for delay — Landlord's consent to assignment of lease not forthcoming — Defendant's position changing during period of delay — Refusal by Court to enforce decree — Order for assessment of damages in lieu of decree for specific performance — Plaintiff in forma pauperis — Payment of costs by — Supreme Court Act 1928 (No. 3783), sec. 62 (4).

Vendor and purchaser — Sale of land — Contract — Time of essence — Failure to pay instalments and interest on appointed days — Waiver — Notice of rescission — Tender of arrears — Property Law Act 1928 (No. 3754), sec. 49.

Will — Residuary estate — Charities — Bequests to various societies — Perpetuities — Whether for charitable purposes — Condition — Precedent or subsequent.

Company — Registration — When avoided by becoming trade union — Companies Act 1938 (No. 4602) — Trade Unions Act 1928 (No. 3788), secs. 3, 6.

Contract — Covenant in restraint of trade — Unenforceable unless consideration — When covenants unenforceable as being in undue restraint of trade — Detrimental to public — Onus of proof — When covenants unreasonable as between the parties — Price-fixing agreement unlimited as to space.

Will — Construction — Residue to be divided between living children and children of "surviving" children, the latter taking the share of their deceased parent — Meaning of "surviving" — Whether children of deceased children take inter se as joint tenants or tenants in common.

Infant — Custody — Interim custody pending hearing of application for custody — Inspection of home where infant resides — Delegation to Master of Supreme Court.

Criminal law — Evidence — Confession — When admissible — Discretion of Judge — Onus of satisfying Judge to exercise discretion against admission — Police Standing Orders — Departure from — Effect — Evidence Act 1928 (No. 3674), sec. 141.

Landlord and tenant — Protected person — Application for possession of premises — Defectiveness of written application — Whether application invalid — Flat not yet completed and not the subject of a lease — Whether a "dwelling-house" — Landlord and Tenant Act 1948 (No. 5264), secs. 2 (1), 73.

Evidence — Document basis of court proceedings — Document made ambiguous by evidence — Admissibility of evidence to cure defect — Power and duty of Court to amend — When should be exercised — Landlord and Tenant Act 1948 (No. 5264), sec. 73 — Justices Act 1928 (No. 3708), secs 4, 96.

Company — Clause in employee's contract of service requiring him to purchase shares in company — Further clause requiring company to find a purchaser for such shares on termination of service — Whether by such agreement company "trafficking" in own shares or reducing capital in unauthorised manner — Companies Act 1938 (No. 4602), secs. 44, 45.

Income Tax — Action against taxpayer — Making return of income — "False in any particular" — Purpose of penalty — Seriousness of offence — Court's power of enforcing payment of penalty — Whether should be exercised simultaneously with imposition of penalty — Income Tax Assessment Act 1936-1948 (No. 27 of 1936-No. 44 of 1948), secs. 227, 247.

Administration and Probate — Family maintenance — Application by widow — Value of testator's estate — Estate including immovable assets outside the jurisdiction — Determination of such assets — Evidence taken of testator's reasons for excluding applicant — Onus on opponent to negative moral claim — Matters taken into consideration for reducing provision — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), secs. 3, 4, 5, 6 — Administration and Probate Act 1928 (No. 3632), Part V, secs. 139, 140 (2), 142, 143, 145.

Trusts — Trustee — Will — Trusts in will of shares in capital of company — Trustee of will also director of company — Sale of company's main asset by trustee for commission — Trustee commissioned to sell asset before testator's death — Sale completed subsequent to testator's death — Whether trustee liable to account for commission.

Practice — Dissolution of partnership — Order for taking accounts by Master — Retirement of Judge making order — Before adoption of Master's certificate — Power of another Judge to complete taking of accounts — Supreme Court Act 1928 (No. 3783), secs. 115-120 — Rules of Supreme Court 1938, Order LV, rr. 65-71; Order LXXII, r. 2; Order XLIX, r. 2.

Landlord and tenant — Bent fixation — Lease providing for increase of rent at the end of certain periods of time — Whether "rent payable . . . at 31st December 1940" means rent that a lease in force at that date provided should be payable in the future, or rent actually payable at that date — Landlord and Tenant Act 1948 (No. 5264), sec. 12 (1).

Insurance — Motor vehicle — Unidentified vehicle — Action against nominal defendant — Employee injured by motor car — Entitled to workers' compensation — Indemnity of employer under Workers' Compensation Act — Whether employer could have obtained judgment against driver of motor car in respect of indemnity — Whether employer's right of indemnity enforceable against nominal defendant — Whether requisite notice of intention to make a claim against nominal defendant given "as soon as possible" — Motor Car (Third Party Insurance) Act 1939 (No. 4688), sec. 13 — Workers' Compensation Act 1928 (No. 3806), sec. 16.

Landlord and tenant — Recovery of possession of premises — Premises sub-let by lessee — Applications by sub-lessees to Fair Rents Board for determinations of fair rentals — Head lessor not a party to applications — Notice to quit given lessee by head lessor — Within six months of applications — Consent of Fair Rents Board not obtained — While notice current fair rents determined — Whether notice valid — Landlord and Tenant Act 1948 (No. 5264), secs. 2, 37, 39 — Landlord and Tenant (Amendment) Act 1948 (No. 5291), sec. 2.

Barrister and solicitor — Articles of clerkship — Dispensation with full term of articles — Undue hardship — Rules of the Council of Legal Education 1947, r. 51.