Compensation — Acquisition of property — Pursuant to National Security Regulations — Agreement as to compensation — Actual physical damage — Whether compensation also recoverable in respect of loss of goodwill and profits — Remoteness of damage — National Security Act 1939 — National Security (General) Regulations, reg. 60D.

Medical practitioner — Partnership — "Fee-splitting" — Whether partnership unenforceable for illegality — Alleged term of partnership that agreement be drawn up, executed, and submitted to Medical Board for approval and registration — Whether enforceable by specific performance — Medical Act 1928 (No. 3730), sec. 15 — Medical Act 1937 (No. 4504), sec. 2.

Divorce — Desertion — Return of deserting party to matrimonial home — Spouses sharing same household — Relationship of guest and host — Whether period of desertion interrupted.

Landlord and tenant — Recovery of possession of premises — Dwelling-house — Notice to quit — Given by devisee under will — Within six months after date of transfer from executor — Whether valid — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5), 40 (1) — Landlord and Tenant (Amendment) Act 1948 (No. 5291), sec. 6 — Statute Law Revision Act 1948 (No. 5331).

Damages — Jury — Breach of promise of marriage — Damages awarded by jury — Misconduct of jury — Disobeying trial Judge's direction not to take into account question of costs — Power of appellate Court to enter judgment for reduced amount — Limits thereof — New trial — Whether generally or limited to assessment of damages.

Will — Trust — Ultimate residue — Bequeathed to trustee to use for "relief of distress in Europe" — Manner of so using to be indicated by named person other than trustee — Whether valid charitable trust — Whether Court should settle scheme — Validity of direction of named person.

Transfer of land — Judgment against registered proprietor of land under Act — Land subject of contract of sale — Copy writ of fi. fa. served upon Registrar — Before completion of contract — Contract completed before land sold by sheriff — Rights of respective purchasers — Transfer of Land Act 1928 (No. 3791), sec. 178.

Workers' compensation — Injury by accident — Cerebral haemorrhage occasioning death — Condition of worker unknown to him — Injury not designed — Extraneous agency not necessary — Workers' Compensation Act 1928 (No. 3806), sec. 5 — Workers' Compensation Act 1946 (No. 5128), sec. 3 — Workers' Compensation Rules 1946, r. 50.

Divorce — Nullity of marriage — Impotence — Petition by impotent party — Unconquerable aversion established.

Divorce — Desertion — Consent to being deserted — Wife resisting husband's proposal to leave her — Inability to alter husband's determination — Wife then going to live in house provided by husband — Separation against will of wife.

Practice — Costs — Shorthand notes taken at trial — Transcript compiled therefrom obtained by successful party — Whether unsuccessful party should pay costs thereof — Evidence Act 1928 (No. 3674), sec. 125.

Divorce — Maintenance of child — Order subsequent to decree absolute — Child attaining twenty-one years of age — Order no longer effective — Marriage Act 1928 (No. 3726), secs. 104, 105; Part VII.

Landlord and tenant — Recovery of possession of premises — Covenant in lease — Not to assign without consent of landlord — Assignment to company formed to take over lessees' business — Whether a breach of covenant — Notice to quit — "Special circumstances" — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5)(n), 45.

Justices — Order to review — Prosecution under Health Act — Whether procedure by way of order to review available — Objection taken on return of order nisi — Necessity for summons to set aside order nisi — Health Act 1928 (No. 3697), sec. 408 — Justices Act 1928 (No. 3708), sec. 150.

Negligence — Road collision — Jury — Direction to jury.

Barrister and solicitor — Practising as such — Solicitor to the Public Trustee — Whether practising as a solicitor — Eligibility for appointment as stipendiary magistrate — Public Service (Public Service Board) Regulations, reg. 42 (1) — Public Service Act 1946 (No. 5124), secs. 23, 26-28, 32 (6), 35 (1), 50, 52 (c).

Landlord and tenant — Recovery of possession of premises — Premises not a dwelling-house — Notice to quit — On ground premises reasonably required for occupation by lessor — Whether particulars required — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5)(g), 41.

Company — Winding up — Inspector's report — Admissibility of — Company unable to pay debts — "Just and equitable" to wind up — Companies Act 1938 (No. 4602), secs. 138, 166, 167 — Companies (Special Investigations) Act 1940 (No. 4790), secs. 2, 5.

Practice — Motor car insurance — Identity of driver — Joinder of statutory and common law claim — Joinder of defendant — Trial by jury — Rules of Supreme Court 1938, Order XVI, r. 11 — Motor Car (Third Party Insurance) Act 1939 (No. 4688), sec. 12.

Local Government — By-law — Prohibition of blasting and quarrying operations except with consent of council — Exception as to "operations in connection with works commenced" before certain date — "Works", "in course of", or "formed part of" — Meaning of — Public documents — Admissibility — Local Government Act 1928 (No. 3270), sec. 197 (xviii) — Local Government Act 1946 (No. 5203), sec. 197 (7) — Melbourne and Metropolitan Board of Works Act 1928 (No. 3731), sec. 135.

Assault — Action for damages — Defendant's plea of justification — Allegation, in plaintiff's reply, of use of excessive force — Onus and standard of proof.

Price regulation — Powers of Commissioner — Delegation of — Prices Regulation Act 1948 (No. 5310), secs. 9 (1) (b), 21, 53.

Justices — Police offences — Information — Alleging reason to suspect premises a common gaming house — Premises situate in southern bailiwick — Search warrant issued by justice — Not being a justice for southern bailiwick — Whether warrant valid — Police Offences Act 1928 (No. 3749), secs. 124, 125 — Justices Act 1928 (No. 3708), secs. 30, 31.

Justices — Jurisdiction — Complainant a company — Defendant served outside jurisdiction — Pursuant to Service and Execution of Process Act — Whether leave to proceed should be granted — Service and Execution of Process Act 1901-1931, secs. 4, 11, 13 — Judiciary Act 1903-1946, sec. 39 — Justices Act 1928 (No. 3708), secs. 23, 64.

Negligence — Action for damages — Tried by jury — Disclosure defendant insured — Whether trial should proceed.

Will — Construction — Protective trusts — Condition precedent — Failure to satisfy — Happening making benefit under will payable to another — Notice served pursuant to Income Tax Acts.

Criminal law — Evidence — Statement by accused — Taken down in writing and read over to him — Statement not signed — Accused admitting statement as read to be true — Statement in writing as such not adopted by accused — Writing not admissible.

Licensing — Disposal of liquor — Whether to bon fide traveller — Meaning of "bon fide traveller" — Licensing Act 1928 (No. 3717), sec. 179.

Will — Construction — Gift of life interest — On life tenant's death, property to fall into residue — Residue charged with payment of annuities — Life tenant an annuitant — Whether whole of residue charged with payment of annuities — Income from residue insufficient to pay annuities — Method of payment — Election by beneficiary — How other beneficiaries compensated — Gift for benefit of Australian aborigines — Whether a valid charitable trust.

Justices — Police offences — Whether trial held in "open court" or not — Whether necessary to inform person charged that he has a right to object to his case being heard before a single justice — Police Offences Act 1928 (No. 3749), sec. 28.

Criminal law — Evidence — Conduct of trial — Whether held in public — Whether public excluded — Private communication between Judge and jury — Whether occasioning substantial miscarriage of justice — Confession — Whether made by accused — Evidence connecting accused with statements in confession — Whether admissible — Judge's direction to jury — Extent to which Judge may express his own opinion on evidence.

Criminal law — Justices — Deposition of witness too ill to travel — Admissibility — Use at trial — Direction to jury — Application for adjournment — Principles relating to — Justices Act 1928 (No. 3708), sec. 203.

Fisheries — Prohibition against emptying nets "in water not less than one foot deep" — Meaning of words — Fisheries Act 1928 (No. 3683), sec. 36.

Criminal law — Libel — Information laid before justice of peace — Whether properly laid — Whether criminal proceedings for libel lie — Wrongs Act 1928 (No. 3807), secs. 11, 12.

Husband and wife — Purchase of property by wife in own name — Husband paying off portion of purchase price from own moneys — Presumption of advancement — Whether operative — Whether husband entitled to charge on property — Injunction to restrain husband remaining on wife's property — Form of injunction.

Criminal law — Practice — Accused convicted and released on bond to come up for sentence when called upon — Breach of bond — Power of Supreme Court to issue bench warrant for arrest of accused — Court differently constituted — Supreme Court Act 1928 (No. 3783), sec. 15 — Supreme Court (Judges) Act 1950 (No. 5472), sec. 2.

Landlord and tenant — Recovery of possession of premises — Whether agent for landlord can institute proceedings in own name — Application for order nisi to review — Whether agent a "person aggrieved" — Whether solicitor for complainant can depose that complainant aggrieved — Sub-letting without consent of lessor — "Special circumstances" — Whether tenant or lodger — Landlord and Tenant Act 1928 (No. 3710), secs. 69, 72 — Landlord and Tenant Act 1948 (No. 5264), secs. 45 (2) (a), 85 — Landlord and Tenant (Amendment) Act 1948 (No. 5291), sec. 16 — Justices Act 1928 (No. 3708), sec. 150.

Transfer of land — Certificate of title deposited for safe custody — Registered proprietor's name forged on transfer — By depositee's husband — Transfer registered — Land re-sold under contract of sale — Transfer not registered — Whether original proprietor entitled to be restored to register — Priority as between legal estate and subsequent equity — Liability of Registrar of Titles for negligence — Assurance Fund — Right to compensation thereout — Transfer of Land Act 1928 (No. 3791) — Transfer of Land (Forgeries) Act 1939 (No. 4689), sec. 2.

Criminal law — Evidence — Joint trial of two accused — Documents put in evidence by one accused which relate favourably to the defence of the second accused — Second accused not calling evidence other than himself — Right of final reply — Crimes Act 1928 (No. 3664), sec. 432.

Criminal law — Murder — Provocation — Direction to jury — Failure to direct — Newspaper publications — Photographs — Whether rendering fair trial impossible — Whether miscarriage of justice — Crimes Act 1928 (No. 3664), secs. 593, 594 (1).

Administration and probate — Maintenance — Order for support of wife and child — Arrears owing at death of defendant — Whether a debt or liability executor under a duty to pay.

Police offences — "Behaves in an offensive manner" — Political views inscribed on banner — When offence constituted — Police Offences Act 1928 (No. 3749), sec. 25.

Practice — Foreign judgment — Reciprocity in enforcement — Order for costs made in suit in England — Costs to be paid out of estate — Executor as such not a party to suit — Probate not resealed in Victoria — Judgment not registrable in Victoria — Supreme Court Act 1928 (No. 3783), secs. 179, 181, 183.

Practice — Jury — Summons for trial by jury — "Causes or matters" — "Within the cognizance of the Court in its Equitable Jurisdiction previously to the commencement of The Judicature Act 1883" — Rules of Supreme Court 1938, Order xxxvi, rr. 3, 6, 7.

Divorce — Practice — Petition on ground of adultery — Petition claiming damages — Agreement between petitioner and respondent to accept sum for damages and costs — Application to sanction agreement — Form of order — Marriage Act 1928 (No. 3720), sec. 102.

Criminal law — Condition precedent to prosecution — Consent of law officer — Whether consent proved — Form of consent — Miscarriage of justice — Jury — Discharge of portion of jury panel — Jurors selected from balance of panel — Whether mis-trial — Crimes Act 1928. (No. 3664), secs. 307, 387 — Juries Act 1928 (No. 3707), sec. 79.

Divorce — Permanent maintenance — Former husband's re-marriage — Earnings of former wife and present wife — Factors for consideration — Form of order to enable former wife to renew application in the event of deteriorated circumstances — Marriage (Divorce) Act 1933 (No. 4210), sec. 5.

Criminal law — Evidence — Murder — Conduct of accused towards deceased — Alleged similar act — Whether evidence admissible — Murder by express malice — Intent to commit "grievous bodily harm" — What constitutes — Misdirection — When conviction should be quashed — Substitution of verdict of guilty of manslaughter — When appeal court should exercise power — New trial for manslaughter only — Crimes Act 1928 (No. 3664), sec. 595 (2).

Mines — Practice — Action to recover damages — Application to bring action in Supreme Court — Accident in quarry — Whether "quarry" a "mine" — Mines Act 1928 (No. 3737), secs. 441, 442.

Divorce — Costs — Sum held by husband's solicitors to abide result of wife's petition — Petitioner dying before hearing.

Divorce — Habitual drunkenness and failure to support — "Without the means of support — Payments by husband insufficient to maintain wife in his station in life — Marriage Act 1928 (No. 3726), sec. 75 (b).

Administration and probate — Will — Caveat — Practice — Particulars of objection — Whether further particulars may be ordered — Rules of Supreme Court 1938, ch. III, rr. 31, 32.

Landlord and tenant — Writ claiming possession — Lease or licence — Previous. Fair Rents Board determination — Res judicata — Occupation of two rooms and use of conveniences — Landlord and Tenant Act 1948 (No. 5264) — Landlord and Tenant (Amendment) Act 1948 (No. 5291).

Divorce — Foreign marriage — Validity — Proof of — Necessity for expert evidence.

Contract — Sale of land — Contract in writing — Contract rescinded — Subsequent oral agreement to proceed with sale — Whether enforceable — Repayment of deposit — Instruments Act 1928 (No. 3706), sec. 128 — Property Law Act 1928 (No. 3754), sec. 49 (2).

Bankruptcy — Evidence — Statutory offences — Compulsory statements — Whether admissible in evidence on trial of bankrupt — Obtaining of credit by undischarged bankrupt — Without informing creditor of status — When offence constituted — Onus of proof — "Credit" — Meaning of — Bankruptcy Act 1924-1946 (No. 37 of 1924 — No. 43 of 1946), sec. 211 (a).

Contract — For manufacture of cocktail cabinet — To be affixed to house — Property not to pass until affixed — Whether sale of goods — Or contract for work and labour — Repudiation of contract accepted — Action on quantum meruit — Goods Act 1928 (No. 3694), sec. 9.

Local government — Street construction — Private street — Boundary road — Liability of frontagers — Scheme approved by Court of Petty Sessions — Whether order to review lies — Local Government Act 1946 (No. 5203), secs. 578, 596 (1) — Justices Act 1928 (No. 3708), sec. 150.

Will — Construction — Postponed gift "for all my said children other than my, said daughter" — Children predeceasing daughter — Whether entitled to share in gift.

Wrongs — Tort-feasors — Contribution between — Action for negligence against two defendants — Issue of contribution between defendants — Mode of trial — Wrongs (Tort-feasors) Act 1949 (No. 5382), sec. 2.

Will — Charity — Trust for preservation of animals — Trust for maintenance of sanctuary — Whether valid charitable trusts — Exclusion of non-charitable objects — Application of trust moneys — Property Law Act 1928 (No. 3754), sec. 131.

Licensing — "Sale" of liquor without a licence — Unregistered unincorporated football club — Liquor the property of club supplied to members at football match in return for tickets previously purchased by members — Whether a sale of liquor — Licensing Act 1928 (No. 3717), sec. 161.

Criminal law — Tendency to provoke breach of the peace — Whether part of Crown case so to prove — No such tendency — Whether a defence.

Company — Winding up — Proprietary company — "Just and equitable" to wind up — Loss of confidence by petitioner in governing director — Companies Act 1938 (No. 4602), sec. 166.

Health — Milk — Sale pursuant to statutory standard contract — Milk not of prescribed standard under Health Act — Sale to authorized officer — While milk in course of transit from dairy farmer to milk depot — Whether property in milk had passed — Whether offence committed by dairy farmer — Health Act 1928 (No. 3697), secs. 215, 247 — Health Act 1935 (No. 4333), sec. 15.

Will — Construction — Marriage — "In contemplation of which" will expressed to be made — Wills Act 1928 (No. 3803), sec. 16.

Motor car — Not having two independent effective brakes — Whether driver guilty of offence — Motor Car Act 1928 (No. 3741), sec. 25 (1) — Motor Car Regulations 1931, reg. 3.

Electricity — Restriction of use — Regulations — Validity — Offence — Necessity of proving mens rea — State Electricity Commission Act 1928 (No. 3776), secs. 27, 28.

Police offences — Street betting — "Street" — Exclusion in definition of — Of houses or parts used as private dwellings excepted — Licensed premises — Detached garage — Whether part of a house — Onus of proving exception — Police Offences Act 1928 (No. 3749), secs. 104, 106 — Police Offences (Street Betting) Act 1936 (No. 4454), sec. 2 — Police Offences (Betting) Act 1941 (No. 4817), sec. 3.

Landlord and tenant — Recovery of possession — Lessor not competent to institute proceedings — Grant of concurrent lease — Whether concurrent lessee competent to institute proceedings — Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5)(g)(i).

Justices — Adjournment by — Whether an "order" subject to review — Power to adjourn information — "During the hearing" — Meaning of phrase — Justices Act 1928 (No. 3708), secs. 89, 150 — Crimes Act 1949 (No. 5379), sec. 15.

Game — Killing of — On proclaimed sanctuary — Ignorance of nature of area — Whether a defence — Game Act 1928 (No. 3689), sec. 5 (2).