Bailment — Deposit of goods — Docket handed customer — Containing terms exempting from liability for loss or injury — Whether terms form part of contract — Onus of proof.

Landlord and tenant — Ejectment — Order for possession by consent — Application to vary, discharge or rescind order — Nature of proceedings on such application — Landlord and Tenant Act 1948 (No. 5264), sec. 46(b).

Vendor and purchaser — Sale of land — Title — Encumbrance — Restrictive covenant — Non-disclosure — Neglect by purchaser to inspect title or deliver requisitions on title — Constructive notice of defect in title — Whether purchaser can rescind contract and recover deposit — Property Law Act 1928 (No. 3754), sec. 49(2) — Transfer of Land Act 1928 (No. 3791), 25th Sch.

Milk Board — Zoning — Power of Board to define areas — Exercise of power — After inquiry — Whether inquiry to be as prescribed by notice published in the Government Gazette — Milk Board Act 1933 (No. 4183), sec. 24(1).

Divorce — Practice — Petition issued under provisions of Marriage Act 1928 (Vic.) — Petition not served — Application to amend petition so as to allow alternate relief under Commonwealth Matrimonial Causes Act 1945 to be claimed — Power of Court to allow amendment — Supreme Court Act 1928 (No. 3783) — Marriage Act 1928 (No. 3726) — Matrimonial Causes Act 1945 (Commonwealth) (No. 22 of 1945).

Justices — Summons to debtor — In respect of maintenance arrears — Adjournment — Because defendant had petitioned for divorce — Whether a refusal to adjudicate — Wife a person aggrieved — Adjournment a reviewable "order" — Imprisonment of Fraudulent Debtors Act 1928 (No. 3700), sec. 22 — Maintenance and Alimony (Imprisonment) Act 1935 (No. 4314), sec. 7 — Justices Act 1928 (No. 3708), secs. 4, 150.

Landlord and tenant — Recovery of possession of premises — Discharged Allied serviceman — Whether a "protected person" — Landlord and Tenant Act 1948 (No. 5264), secs. 71, 72(9) — Landlord and Tenant (Servicemen) Act 1950 (No. 5525), sec. 2.

Landlord and tenant — Protected person — Application for possession of premises — Dwelling-house "acquired" for other persons' accommodation — Relevant time that must be so "acquired" — Landlord and Tenant Act 1948 (No. 5264), secs. 73, 75(5)(b).

Companies — Reduction of capital — By no liability mining company — Whether intra vires — Companies Act 1938 (No. 4602), Part II.

Transport regulation — Commercial passenger vehicle — Motor vehicle used for conveying airways passengers between aerodrome and town nearby — Transport Regulation Act 1932 (No. 4100); Transport Regulation Act 1933 (No. 4198); Transport Regulation (Licences and Fees) Act 1947 (No. 5220).

Local government — Rates — Rateable property — Exemption — "Land used exclusively for charitable purposes" — Boys' home — Training farm and vocational centre — Sale of farm products — Local Government Act 1946 (No. 5203), sec. 249.

Administration and probate — Testator's family maintenance — Application for — "No application shall be heard by the Court . . . unless application is made within six months after date of grant" — Meaning — Administration and Probate Act 1928 (No. 3632), Part V, sec. 147 — Administration and Probate Act 1937 (No. 4483), sec. 6.

Practice — Time — Within which to make application — Application to be made within six months after date of grant of probate — What constitutes making of application.

Landlord and tenant — Recovery of possession — On ground that premises sub-let without consent of lessor — "Special circumstances" — Refusal of order on conditions — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5)(o), 45.

Administration and probate — Will — Execution — Signature by testator and two witnesses — Presumption of due execution — Conflict of testimony by witnesses to will — When presumption becomes operative — Wills Act 1928 (No. 3803), sec. 7.

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

Landlord and tenant — Recovery of possession of premises — Tenant overholding after expiry of original term — Nature of tenancy — Right of landlord to re-enter premises dehors Landlord and Tenant Act — "Proceedings" — Includes both judicial and extra-judicial proceedings — Notice to quit for non-payment of rent — Length of notice required — Power of Court on review to grant relief from forfeiture — Proceedings available to tenant seeking such relief — Service of notice to quit without actual re-entry — Not equivalent to forfeiture by actual re-entry — Landlord and Tenant Act 1948 (No. 5264), secs. 37, 38.

Justices — Order to review — Power of Court at hearing to amend grounds of review — Not to add new ground — Justices Act 1928 (No. 3708), sec. 150.

Administration and probate — Will — Codicil — Revocation — Second codicil conditional on beneficiary predeceasing testator but otherwise in identical terms with first codicil and confirming will — Whether first codicil revoked — Admission of will and second codicil to probate — Practice — Service of notice of motion for probate on interested beneficiaries likely to be affected by motion.

County Court — Practice — Appeal to Full Court — Whether Full Court has power to amend grounds of appeal so as to add entirely new ground — County Court Act 1928 (No. 3663), secs. 74, 87 (6).

Detinue — Issue of writ — Judgment — Date at which value of goods assessed — Conversion — Damages for — Date at which value of goods assessed.

Survivorship — Presumption — Deaths in unconnected circumstances — Whether sec. 184 of Property Law Act 1928 applies — Property Law Act 1928 (No. 3754), sec. 184.

Criminal law — Offence — Commonwealth laws — Hindering the transport of goods with other countries — "Boycott" — Counselling, aiding or abetting a hindrance by boycott of property — Whether defendants must take part in boycott in order to sustain conviction for counselling, aiding or abetting such boycott — Commonwealth Crimes Act 1914-1950 (No. 12 of 1914 — No. 80 of 1950), secs. 5, 30K.

Landlord and tenant — Application for possession of dwelling-house — Naval service of applicant — Commenced after cessation of hostilities — Whether a protected person — Landlord and Tenant Act 1948 (No. 5264), secs. 71-3.

Divorce — Permanent maintenance — Whether more than one application therefor permissible — Lump sum payment — Covenant not to claim further maintenance — Illegality — Consent order — Form — Recital of agreement not to make further claim — Marriage Act 1928 (No. 3726), sec. 95 — Marriage (Divorce) Act 1933 (No. 4210), sec. 5.

Justices — Uncontradicted evidence — Which inherently probable — Disbelief by magistrate — No relevant reason given — Ground for setting aside finding.

Landlord and tenant — Protected person — Whether premises "about to become unoccupied" — Owner desiring to go into part — Landlord and Tenant Act 1948 (No. 5264), secs. 73, 74 — Landlord and Tenant (Amendment) Act 1948 (No. 5291), sec. 13.

Offence — Assault with an instrument — Whether different offence from common assault or merely aggravation thereof — What course should be followed where Court satisfied of assault but not of aggravating circumstance — Police Offences Act 1928 (No. 3749), secs. 36, 37 — Police Offences (Amendment) Act 1949 (No. 5434), sec. 2.

Landlord and tenant — Recovery of possesion — Lessor an executor — Declaration in will — That executor entitled to half estate — Notice to quit — On ground that premises required for beneficiaries — Whether executor a trustee — Within meaning of section — Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5)(i).

Water — Compensation for flooding — Arbitration — Intentional or negligent flooding — Grantee of easement — Right of embanking and diverting water — Whether displaced by provisions of Water Act 1928 (No. 3801), sec. 260 — Water Act 1939 (No. 4678).

Divorce — Desertion — Constructive desertion — Respondent wife spending husband's money in irresponsible manner, pledging his credit against his wish, neglecting matrimonial home and continuing in this conduct despite husband's warnings that such continuance would lead to break-up of matrimonial home and husband's health — Whether such conduct amounted to constructive desertion — Marriage Act 1928 (No. 3726), sec. 75 (a).

Melbourne Harbor Trust — Power to make regulations — Restricted to places "within the port" — Offence under regulation — Not restricted by reference to locality — Whether ultra vires — "Worse for liquor" — Meaning of phrase — Melbourne Harbor Trust Act 1928 (No. 3733), sec. 138 (q).

Will — Construction — Gift for life and then to life tenants' children living at time of her decease, in the event of life tenant dying without leaving any children then to named beneficiaries — Named beneficiaries predeceasing life tenant — Whether their representatives take their shares.

Local Government — By-law — Power to prohibit noises in public highways — By-law prohibiting singing or haranguing upon any street or footway — Unqualified prohibition — Validity — Local Government Act 1928 (No. 3720), sec. 197 (1) (xxix), (xxxiii).

Workers' compensation — Worker or independent contractor — "Work incidental to a trade or business regularly carried on by deceased in his own name" — Deceased, after period of illness and no occupation, engaging on three separate contracts to dig drains, and paid separately for each contract — Injury sustained during course of last contract — Whether deceased a "worker" — Workers Compensation Act 1928 (No. 3806), sec. 3 — Workers Compensation Act 1946 (No. 5128), sec. 2 (2).

Criminal law — Charge to jury — Right of trial judge to comment, when accused makes unsworn statement, on failure of accused to call his wife to give evidence — Crimes Act 1928 (No. 3664), sec. 432 (b) — Evidence Act 1928 (No. 3674), sec. 26.

Divorce — Collusion — Adultery — Whole of petitioner's costs provided by respondent before issue of petition and all relevant evidence of adultery obtained by collaboration between petitioner's solicitors and respondent's and co-respondent's solicitors — Marriage Act 1928 (No. 3726), sec. 82.

Motor car registration — Renewal of registration — Date of renewal — Renewal application and fee posted by car owner but not reaching Motor Registration Branch — Whether registration deemed renewed on posting — Motor Car Act 1928 (No. 3741), sec. 4 — Motor Car Act 1930 (No. 3901), secs. 4, 8 — Motor Car (Third Party Insurance) Act 1939 (No. 4688), sec. 7 (8).

Insurance — Motor car third party — "Contract of insurance shall commence on. . . renewal of registration" — Time of renewal — Date at which risk attaches under policy.

Practice — Costs — Circumstances in which unsuccessful defendant should pay direct to successful defendant one half of latter's costs.

Will — Construction — Gift to four named nephews — No contingency annexed to gift — Whether beneficiaries take as individuals — Or as a class.

Administration and probate — Will — Share of residue undisposed of — Whether pecuniary legacies to be paid thereout — Administration and Probate Act 1928 (No. 3632), secs. 33, 34.

Will — Charity — Gift of testatrix's house and land to trustees to hold for fifteen years as museum and art gallery and to transfer house and land at end of this period to body appointed by trustees — House and land unsuitable and funds available insufficient to carry out testatrix's wish — Whether cy prs doctrine applies to gift.

Will — Construction — Power of administration and power of investment — Whether company shares constitute a security — Emergency power of Court concerning trusts — Limits of orders a Court can make thereunder — Expedient — Necessity to show in relation to estate — Effect of general economic conditions in particular estates — Trustee Act 1928 (No. 3792), sec. 57.

Landlord and tenant — Application for possession — On ground that tenancy assigned without landlord's consent — "Special circumstances" — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5)(n), 45 (2).

Evidence — Witness refreshing memory from document containing statement made before hearing — Cross-examination of witness for purpose or possible purpose of imputing recent invention — Whether statement admissible in re-examination.

Landlord and tenant — Recovery of possession — Notice to quit — Premises "reasonably required by lessor for own occupation" — Whether words "being a dwelling-house" or "not being a dwelling-house" form integral part of ground upon which notice may issue or are merely descriptive of premises to which grounds may apply — Landlord and Tenant Act 1928 (No. 3710) — Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5) (g).

Vendor and purchaser — Contract — Sale of land — Specific performance — Oral agreement — No memorandum or note thereof signed by the party to be charged — Part performance — What constitutes — Certificate of title handed to plaintiff — Plaintiff and defendant son and mother respectively — Equivocality — Instruments Act 1928 (No. 3706), sec. 128.

Landlord and tenant — Application for possession of premises — Sub-letting without consent — "Special circumstances" — What constitutes — Ordinary hardship not relevant — Tenant's and not landlord's position to be considered — Landlord and Tenant Act 1948 (No. 5264), sec. 45.

Police offences — Evidence — Gaming offences — Telephone statements to police — At premises in question — In connection with betting — Statements not heard by defendant — Statements admissible — Police Offences Act 1928 (No. 3749), secs. 98, 125.

Will — Construction — Charity — Gift of income to be paid by trustees to named charitable institution — Institution subsequently closed and corporation dissolved by Order in Council under provisions of Hospital and Charities Act 1948 — Order of Attorney-General under provisions of same Act transferring and assigning "personal property" of institution to another charitable institution — Whether latter institution takes gift of income — Cy-prs — Hospitals and Charities Act 1948 (No. 5300), sec. 31 (1) (c).

Local government — By-law — Prohibiting use of land for purposes of business — Within residential area — Exemption therefrom — In case of single worker carrying on business in private dwelling — Dealer in used cars — Cars parked in grounds surrounding, house — Meaning of private dwelling".

Highway — Right of access from adjoining land — Interference therewith — Recovery of damages — Nuisance to highway — Right of individual to sue in own name — Only for particular damage — Meaning thereof.

Gaming — Offence — Being found without lawful excuse in a common gaming place — Whether place can be a common gaming place if public have free access thereto or if no evidence given of any person exercising dominion or control over place or if no evidence given of previous user for gaming — Junction of two intersecting lanes — Police Offences Act 1928 (No. 3749), secs. 86, 87, 93 (2), 123 (b), 148.

Factories and shops — Guards for dangerous machinery — Employee injured — Where no guard provided — Employer not negligent — Whether employer liable in damages — Factories and Shops Act 1928 (No. 3677), sec. 59.

Landlord and tenant — Recovery of possession of premises — Dwelling-house — Notice to quit — On ground that required for lessor's occupation — Notice not to be given within six months after date of agreement to purchase — Onus on lessor so to prove — 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), sec. 2, Sch.

Barrister and solicitor — Application for re-admission to practice by former practitioner who has been struck off rolls — Power of Court to re-admit — Matters for Court's consideration in determining application — Earlier application two years previously when applicant endeavoured on oath to mislead Court and exhibited lack of candour in application.

Vendor and purchaser summons — Sale of one dwelling in terrace — Terrace comprising eight distinct divisions — Physical subdivision of land made prior to 1914 — Approval of subdivision by council — Whether necessary — Requisition thereon — Disallowance — Local Government Act 1946 (No. 5203), sec. 568.

Practice — Third party procedure — Issues between plaintiff and defendant to be tried by Judge alone — Issues between defendant and third parties — Claim to separate trial by Judge and jury — Mode of trial in discretion of Court — Rules of the Supreme Court 1938, Order XVIA, r. 7.

Divorce — Nullity of marriage — Incapacity of husband — Standard of proof — Uncorroborated evidence of petitioner — Capacity to effect erection and penetration but incapacity to effect emission — Application of principles of the Ecclesiastical Courts — Marriage Act 1928 (No. 3726), sec. 109.

Real property — title — Torrens system — Adverse possession — Of strip of land between two properties — Land occupied not identified with land enclosed within title boundaries — Effect of overhanging eaves on adverse possession of land surface — Error in original surveys of street frontages — Error discovered on application to bring land under Transfer of Land Act — Excess land apportioned between title frontages bringing result that title frontages not identical with physical frontages — Plaintiff subsequent purchaser of land in certificate of title — Whether portion of land included in title by wrong description of parcels or boundaries — Entry by plaintiff on portion of disputed land shortly before completion of period of fifteen years' possession by defendant — Whether effective assertion of title to whole of disputed land — Transfer of Land Act 1928 (No. 3791), sec. 72, Table A — Property Law Act 1928 (No. 3754), secs. 276, 277, 284, 301.

Practice — Motion for judgment — In default of defence — Indorsement to stand as statement of claim — No appearance entered — When default in delivering defence occurs — Rules of Supreme Court 1938, Order XIII, rule 11; Order XVIIIA, rule 8; Order XXVII, rule 11.

Landlord and tenant — Lessee sub-letting leased premises and only in physical occupation of passages, stairways, lifts, etc. — Tenant overholding after expiration of fixed term of lease — Head lessor notifying tenant that tenancy would not be renewed — Whether tenant a "lessee" within Landlord and Tenant Act 1948 (No. 5264), sec. 2 — "Statutory tenancy" — Conditions and rent applicable to statutory tenancy — Landlord and Tenant Act 1948 (No. 5264).

Will — Construction — Gift of "balance of my real estate" — Testator possessing no real property — Word "real" disregarded — Gift to trustee to hold in trust account for benefit of beneficiary and provided beneficiary outlives his parents and not placed in government institution trustee to have full control of payments to beneficiary after death of latter's parents — In event of beneficiary not outliving parents whole of balance of estate to trustee for own use and benefit — Meaning — Gift vested subject to being divested — Whether provision fettering absolute enjoyment of gift by beneficiary bad for repugnancy.

Divorce — Desertion — Domicil — Acquisition of domicil of choice — Whether acquisition of domicil of choice possible while petitioner a member of Royal Australian Navy — Marriage Act 1928 (No. 3720), sec. 75.

Local Government — Street construction — Scheme — "Private street" — "Any street. . . formed or set out on private property . . ." — Meaning — Onus of proof of forming or setting out with consent of owner of property — Public Health Amendment Statute 1883 (No. 782), sec. 131 — Local Government Act 1874 (No. 506), see. 415 — Whether "corresponding previous enactments" to Local Government Act 1946 (No. 5203), Pt. XIX, Div. 10.

Evidence — Hearing by court of petty sessions of objections to street construction scheme — Admissibility of certificate of Registrar-General given under provisions of sec. 846 of Local Government Act 1946 that land comprising street was private land — Whether hearing "legal proceedings".

Transfer of land — Two registered proprietors — Successive registered mortgages — Sale by first mortgagee — To one of proprietors — Whether purchaser takes free from second and subsequent mortgages — Rule in Otter v. Lord Vaux — Applicability to registered land — Transfer of Land Act 1928 (No. 3791), secs. 3, 148, 150.

Evidence — Hostile witness — Whether evidence may be given of prior inconsistent statements made by witness to party's legal advisers — Whether witness may be cross-examined generally to show he has become partisan of opposing party — What matter Court may consider in determining whether witness hostile — Evidence Act 1928 (No. 3674), sec. 32.

Landlord and tenant — Recovery of possession of premises — Which not a dwelling-house — Notice to quit — On ground that required for occupation by lessor and by company connected with lessor — No particulars given — Notice invalid — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5) (g) (ii), 41.

Landlord and tenant — Application for determination of fair rent — Notice of application — Signed by lessor's agent — Necessity for and form of agent's authority — Authority to be in writing pursuant to regulation — Regulation invalid — Factors to be considered in determining fair rent — Determination at higher rate — Lessee not bound to pay higher rate — While `contractual lease current — Landlord and Tenant Act 1948 (No. 5264), Part II, Div. 2; sec. 69.

Evidence — Declarations by deceased person — Police constable — Description of assailant by — Whether made in course of duty — Admissibility.

Landlord and tenant — Requiring purchase of goods in association with transfer of lease — No transfer resulting — Whether premises "prescribed premises" — Whether or not premises excluded from the operation of the Act by declaration — Onus of proof — Landlord and Tenant Act 1948 (No. 5264), secs. 2, 31 (1) (a) (i) — Justices Act 1928 (No. 3708), sec. 214.

Negligence — Motor vehicle — Vehicle being used by plaintiff and defendant without consent of owner — Whether such matters constitute good defence to action for damages for injuries received by plaintiff while passenger in car driven by defendant — Motor Traffic Act (N.S.W.) 1909-1949, secs. 8A, 17 — Contributory negligence — Plaintiff and defendant intoxicated — Whether plaintiff's riding as passenger while under influence of intoxicating liquor and agreeing to be driven by defendant with knowledge that latter was under influence of intoxicating liquor may constitute defence of contributory negligence.

Administration and probate — Testator's family maintenance — Practice — Application for further provision out of estate — Procedure where problems of construction or administration arise — Application to be adjourned — Pending determination of problems in appropriate proceedings — Administration and Probate Act 1928 (No. 3632), Part V.

Divorce — Restitution of conjugal rights — Petitioner domiciled in New South Wales — Petitioner resident in Victoria for upwards of one year — Procedure — Commonwealth Matrimonial Causes Act 1945 (No. 22), Part III — Divorce Rules 1949, r. 154 — Matrimonial Causes Rules 1947 (Imp.).

Criminal law — Application for leave to appeal against conviction — Application out of time to add fresh grounds — Practice — Criminal Appeal Rules, r. 43.

Criminal law — Trial — Application to have witnesses excluded from Court — Practice to be followed.

Criminal law — Buggery — Evidence — That accused in possession of articles of female attire — Accused a female impersonator — Evidence inadmissible.

Will — Trust — Gift of residue — "For the beautification and advancement of the township of B." — Whether valid charitable trust.

Divorce — Desertion — Complete period — Resumption of matrimonial relations — Condonation — Subsequent desertion — Revival of condoned matrimonial offence — Marriage Act 1929 (No. 3726), sec. 75 — Matrimonial Causes Act 1937 (Imp.), sec. 2.

Criminal law — Evidence — Conspiracy — Uncorroborated evidence of accomplices — Failure of trial Judge to warn jury — Circumstances in which appeal Court will set aside conviction — Application to have witnesses excluded from Court — Practice when order made — Joint trial — Conflicting evidence by each accused — No cross-examination by counsel for other of them — Whether open to trial Judge to comment adversely thereon — Evidence of good character — Manner in which to be considered.

Divorce — Evidence — Marriage celebrated in Canada — Certified extract of provincial register — Whether admissible as proof of marriage.

Administration and probate — Testator's family maintenance — Order made — Provisions in will supplanted not supplemented — Application to vary order — Who may apply — Variation to increase benefit under order — Jurisdiction — Administration and Probate Act 1928 (No. 3632), sec. 145 (6) — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483).