Marketing of primary products — Eggs and egg pulp — Eggs both cracked and sound imported into Victoria from New South Wales — Cracked eggs intended for pulping and sale as egg pulp — Eggs cracked in transport and in re-grading after, journey, together with some sound eggs, also pulped — Regulation prohibiting conversion of eggs to whole egg pulp without consent of Egg and Egg Pulp Marketing Board — Whether regulation invalid or ultra vires — Marketing of Primary Products Act 1935 (No. 4337), secs. 16, 18, 19, 43; Marketing of Primary Products (Validation) Act 1939 (No. 4658); Egg and Egg Pulp Marketing Board Regulations 1941, reg. 47 (e); Commonwealth Constitution, sec. 92.

Wrongs — Contributory negligence — Both plaintiff and defendant to blame for collision — Difficulty in apportioning blame — Duty of Court to apportion responsibility — Wrongs (Contributory Negligence) Act 1951 (No. 5594), sec. 3.

Partnership — Dissolution — Accounts — Advances by partner beyond amount of capital agreed to be subscribed — Drawings — Computation of interest on advances — Interest on overdrawings — When payable — Partnership Act 1928 (No. 3745), sec. 28 (3).

Health — Offence — In possession of carcass or meat not branded — Ingredients of offence — Mental element not relevant — Possession through servant sufficient — Honest and reasonable belief that carcass or meat branded not a defence — Health Act 1928 (No. 3697), sec. 288.

Local government — Scheme of street construction — Power to drain streets — Not limited to area of street itself — Inclusion within scheme of unauthorized streets — Scheme invalidated — Unless inclusion incidental to bon fide scheme — Local Government Act 1946 (No. 5203), Part XIX, Div. 10.

Landlord and tenant — Recovery of possession of premises — Tenant overholding after expiry of original term — Subsequent agreement — Nature of tenancy — Evidence supporting magistrate's decision — Payment of rent in advance after the date of expiration of notice to quit — Rent paid to a date after the date of commencement of hearing — No evidence of a new tenancy — Landlord and Tenant Act 1948 (No. 5264), sec. 54.

Contempt of Court — Whether can be committed by duly stamped affidavit handed to associate for Judge, but not read aloud — When affidavit is "filed" — Abuse of counsel and solicitors by affidavit — When amounting to contempt — Challenge to validity of appointment of Acting-Judge — Method of challenge — Whether relevancy is defence to charge of contempt — Power to remove contemptuous affidavits from file — Reasons for non-removal — Modified order preventing disclosure without Court order — Supreme Court Act 1928 (No. 3783), secs. 11, 33.

Wrongs — Practice — Running down action — Claim for damages for personal injury and for damage to plaintiff's motor vehicle — Contributory negligence of plaintiff — Jury finding for plaintiff but finding plaintiff ninety per cent responsible for collision — Award of jury scaling down assessment of general damages by ninety per cent but omitting to reduce special damages — Jury further directed and retiring — On returning jury increasing assessment of damages so that award originally arrived at represented one-tenth of total new assessment — Assessment of damages before reducing by ninety per cent unreasonably high — Whether judgment should be pronounced for original award on incorrect basis or final award — Judgment entered for increased assessment — Costs — How to be awarded — Wrongs (Contributory Negligence) Act 1951 (No. 5594).

Prices regulation — Declared goods — Commissioner to fix maximum price or rate at which any declared goods may be sold — Commissioner to so fix the maximum price within fourteen days of application — Whether an application can be made when maximum price has previously been fixed by Commissioner — Prices Regulation Act 1948 (No. 5310), secs. 9, 14.

Divorce — Habitual drunkenness and cruelty — Definition of "habitual drunkard" — Marriage Act 1928 (No. 3726), sec. 75 (b).

Trusts — Tenant for life and remainderman — Rates and taxes — Whether life tenant or remainderman should pay — Repairs — Where no power in trustee to execute — Should apply to Court in case of salvage.

Settled land — Abortive sale — Expenses of — Whether tenant for life entitled to out of capital moneys — Settled Land Act 1928 (No. 3771), secs. 38, 73.

Landlord and tenant — Prescribed premises — Offences — Receiving as rent sum "irrecoverable" by virtue of Act — Rent fixed as at December 1940 — Premises then unfurnished — Later furnished — Same prescribed premises — Identity is substantial identity — Meaning of "irrecoverable" — Landlord and Tenant Act 1948 (No. 5264), secs. 12, 23, 24, 29 (2).

Justices — Direction for detention in reformatory prison during Governor's pleasure — Whether a summary conviction — Whether a term of imprisonment imposed — Right of appeal to General Sessions — Justices Act 1928 (No. 3708), sec. 136 (a).

Divorce — Practice — Adultery between respondent and co-respondent after service of sealed copy petition and copy citation — Supplemental petition — No citation in respect thereof issued — Whether jurisdiction to grant decree nisi on supplemental petition.

Divorce — Petitioner domiciled in Victoria for two years and upwards at time of hearing of the petition — Not so domiciled at time of institution of the suit — Supplemental petition to be filed — Such petition an independent proceeding.

Divorce — Petition presented and proceedings instituted under Part III of the Commonwealth Matrimonial Causes Act 1945 — Proceedings intituled as if presented under Part II of the Commonwealth Matrimonial Causes Act 1945 — Amendment of petition.

Contempt of Court — Conditions precedent to exercise of power — Notice of charge to be explained to accused — Opportunity of making explanation to be afforded — "Wilful prevarication" — Justices Act 1928 (No. 3708), sec. 206.

Divorce — Desertion — Clauses in agreement executed between husband and wife — "The husband and the wife shall not molest annoy or in any way whatever interfere with each other in respect of anything whatever" — "Nor shall either of them at any time during the continuance of the agreement require or by any means endeavour to compel the other to cohabit with him or her" — Effect on desertion.

Health — Construction of drain — Apportionment of cost of drain — Water from land not situate in subject street running into drain — Whether owners of such land liable to contribute to cost of drain — Health Act 1928 (No. 3697), sec. 63.

Costs — Taxation — Crown counsel — Who salaried officers and received no separate fee — Fees not vouched by counsel's signature — Must be disallowed — Rules of the Supreme Court 1938, Order LXV, r. 27 (52).

Evidence — Negligence — Child injured — Contributory negligence alleged — Boarding moving tram-cars — Evidence that previously warned of danger — Admissible — When evidence admitted as facta probabilia — Principle in criminal cases — That admissible evidence which of little weight and possibly unfairly prejudicial to accused should be excluded — No application in civil cause.

Criminal law — Evidence — Assault with intent to rob — Conversation by accused, with person alleging assault, offering "protection" for a weekly payment — Conversation occurring a few days before alleged assault — Admissibility — Failure of accused to answer questions after warning — Not evidence of guilt.

Criminal law — Receiving — Doctrine of recent possession — Meaning of doctrine — Proof of recent possession — Whether evidence of admissions sufficient — Evidence consistent only with recent possession — Direction that jury might act on such evidence though not finding recent possession — Direction upheld.

Assault — Threat of violence — Threat must create fear of violence — Jury to be so directed.

Criminal law — New trial — Juror speaking to detective-witness at luncheon adjournment during trial — Verdict on presentment brought in by jury and accepted by trial Judge — Prisoner bringing to notice of trial Judge conversation between detective-witness and juror — Juror and detective questioned by trial Judge on substance of conversation — Jury finally discharged — Discretion of trial Judge to discharge jury — Power of Full Court to set aside verdict of guilty and order new trial — Power of trial judge to recall witness, after close of evidence, in response to request by jury.

Justices — "Order" — Ruling that evidence inadmissible — Complaint adjourned — For purpose of testing ruling — Ruling not a reviewable "order" — Justices Act 1928 (No. 3708), secs. 4, 150.

Landlord and tenant — Costs — Order nisi set aside — No power to award costs — Landlord and Tenant Act 1948 (No. 5264), sec. 58.

Criminal law — Bail — Discretion to grant — Considerations applicable.

Settled land — Improvements — Interpretation of Second Schedule to Settled Land Act — Powers of Court under the Act considered — Principles to be applied in determining whether proposed works are improvements or not — Principles to be applied to resolve conflict when work falls within more than one part of Second Schedule — Effect on powers of trustees and tenants for life of covenant by tenant for life to effect repairs other than structural repairs — Settled Land Act 1928 (No. 3771), secs. 84-92.

Public Trustee — Authority to apply for probate — Powers and duties of Public Trustee prior to grant of probate — Public Trustee appointing valuator in accordance with terms of will before grant of probate and selling trust property to beneficiary with option of purchase on basis of such valuation — Whether breach of trust — Whether sale justified as being for purposes of administration or for purpose of distribution of purchase money to beneficiaries under terms of will — Whether Public Trustee must advert to necessity for sale in order that sale be protected as necessary for purposes of distribution — Whether Public Trustee's acts protected as those of executor de son tort — Whether beneficiary purchasing with notice of breach of trust able to rely on fact of dealing bon fide with Public Trustee — Public Trustee Act 1939 (No. 4654), sec. 62 — Public Trustee Act 1940 (No. 4755), sec. 3 — Administration and Probate Act 1928 (No. 3632), sec. 39 (1) (b).

Will — Construction — Sale of trust property to be at price determined by sworn valuator "appointed by my trustees" — Executors appointed by will authorizing Public Trustee to apply for probate in their stead — Public Trustee appointing valuator after authorization but before grant of probate — Whether valuator "appointed by my trustees".

Divorce — Domicil — Deserted wife — Effect of insanity on domicil — Effect of insanity on actual desertion and constructive desertion — Rejection of argument that less surviving mental capacity may be sufficient to support a finding of constructive rather than actual desertion — Marriage Act 1928 (No. 3726), sec. 75.

Maintenance — Wife in Victoria — Husband in another State — "Leaves without means of support" — Physical movement not relevant — Maintenance Act 1928 (No. 3722), sec. 63.

Landlord and tenant — Recovery of possession — Where tenant does not contend proceedings — Whether sub-tenant's hardship can be considered — Landlord and Tenant Act 1948 (No. 5264), secs. 45 (1), 56 (4).

Estoppel — Joint tortfeasors — Negligence — Collision between car and truck — Action by passenger in car against car and truck drivers — Verdict for plaintiff — Apportionment of damages as between defendants assessed as to three-fourths against truck driver and as to one-fourth against car driver — Subsequent action by another passenger in car against truck driver and his employers — Truck driver driving at time of collision in course of his employment — Car driver joined by truck driver and his employers as third party — Whether defendants bound in subsequent action by previous apportionment of damages in earlier action — Issue estoppel — Whether issues in later action substantially the same as issues in earlier action — Wrongs (Tortfeasors) Act 1949 (No. 5382), sec. 2.

Motor car — Used on highway without being registered — Self-propelled mechanical grab used for picking up and carrying objects from place to place — Whether a "motor car" — Whether a "vehicle" — Grab being driven unloaded by owner's employee on public road to maker's premises where demonstration of its qualities to be given to prospective purchaser — Whether being "used" on highway — Motor Car Act 1951 (No. 5616), secs. 3, 17.

Local Government — Section creating offence — Obstructing council or its employee — In performance of anything empowered or required to do — "By this or any other Act" — Employee obstructed in performing something empowered to do by regulations made under Act — Non-application of section — Local Government Act 1946 (No. 5203), sec. 856.

Trusts — Powers of trustees — Preferential right to subscribe for further shares in company — Shares may be retained — Bonus shares received gratis — Held on same trusts as original holding — Whether Court has power to sanction breach of trust already committed — Trustee Act 1928 (No. 3792), secs. 10, 57.

Voluntary association — Dissolution — Appointment of trustees of funds — Fund in hand — Moneys subsequently received by trustees — Charitable trust not created — Trust infringing rule against perpetuities — No resulting trust — Fund and moneys passing to Crown as bona vacantia.

Workers' compensation — Accident to worker — Causing injuries to arm and head — Whether compensation to be assessed separately — Or at one amount in respect of one injury — Method of assessment — Workers' Compensation Act 1951 (No. 5601), secs. 5, 9, 11.

Negligence — Contributory negligence — Motor car collision — Applicability of doctrine of last opportunity.

Landlord and tenant — Recovery of possession — Notice to quit — Premises reasonably required for occupation of lessors, and premises reasonably required for demolition and reconstruction — Subject premises let as dwelling-house required by lessors for use in connexion with lessors' business — Consent of Minister administering Building Operations and Building Materials Control Act 1952 not obtained at date of proceedings — Whether grounds of notice to quit valid — Whether Minister's consent required at date of proceedings — Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5) (g) (i), (m) — Building Operations and Building Materials Control Act 1946 (No. 5116), sec. 3 — Building Operations and Building Materials Control Act 1952 (No. 5650), sec. 2.

Wrongs — Damages suffered by widow and child — Benefit from husband's estate received by widow, but not by child — Method of assessing damages — Wrongs Act 1928 (No. 3807), Part III — Wrongs (Contributory Negligence) Act 1951 (No. 5594), sec. 3.

Water — Compensation for flooding — Arbitration — Extinguishment or reduction of claim — Water Act 1928 (No. 3801), sec. 263.

Damages — Amount — Interference by appellate Court.

Practice — Trial of action — Allegation by plaintiff's counsel in opening case that plaintiff's claim based on felony — Whether action should be stayed.

Hairdressers — Power to make regulations "prescribing standard of hygiene sanitation and safety to be observed in premises where hairdressing is practised" — Whether "hairdressing" confined to hairdressing operations "for fee reward salary wages or other remuneration or consideration by whomsoever paid or payable" — Hairdressers Registration Act 1936 (No. 4396), secs. 2, 22.

Motor car — Liability incurred by owner or driver for death or bodily injury — Action against insurer — Where owner or driver cannot be found — After "strict inquiry and search" — Meaning of words — Motor Car Act 1951 (No. 5616), sec. 46 (1).

Landlord and tenant — Partnership between lessees — Lease a partnership asset — Partnership dissolved — One former partner remaining on in demised premises — Partnership assets assigned to him by deed of dissolution — Whether assignment a ground for notice to quit — Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5) (n).

Marketing of primary products — Egg pulp — Regulation relating to production of egg pulp — Whether regulation authorized by power to regulate marketing — Marketing of Primary Products Act 1935 (No. 4337), sec. 43 — Marketing of Primary Products (Validation) Act 1939 (No. 4658), sec. 2 — Egg and Egg Pulp Marketing Board Regulations, reg. 46.

Negligence — Motor collision — Plaintiff passenger in car colliding with truck — Plaintiff joint owner of car — Driving of car as plaintiff's agent — Finding by jury of negligence against both drivers — Assessment of plaintiff's damages at 6,500l. — Finding of jury that just and equitable that, having regard to car driver's responsibility for damages, damages payable by truck driver should be reduced by 1,950l. — Intention of jury that car driver should be liable for 1,950l. and truck driver liable for 4,550l. — Form of judgment — Costs — Wrongs (Tortfeasors) Act 1949 (No. 5382), sec. 2 (2) — Wrongs (Contributory Negligence) Act 1951 (No. 5594), sec. 3 (1), (6).

Workers' Compensation — Power of Board to make determination — "With respect to" total liability of employer for weekly payments — May be unlimited as to amount — If maximum to liability is fixed, must be a definite sum — Workers' Compensation Act 1951 (No. 4601), sec. 9 (2), clause 1(1)(b)(i), (ii), (iii).

Divorce — Lunacy or unsoundness of mind — Hospital for the insane — Meaning of "detained in any hospital for the insane" — Temporary patient — Voluntary patient — Marriage Act 1928 (No. 3726), sec. 75 (f) — Mental Hygiene Act 1933 (No. 4157), Schedule, para. 4 — Marriage (Divorce) Act 1933 (No. 4210), sec. 3 — Mental Hygiene Act 1928 (No. 3721), secs. 3, 105 (1).

Public Trustee — Infirm person — Application for appointment of guardian — What matters must be proved — Public Trustee Act 1939 (No. 4654), sec. 49.

Service and execution of process — Service of writ on defendant outside jurisdiction of Supreme Court — Breach of contract — Motion to set aside service of writ and to stay proceedings — On ground that any contract or breach occurred outside jurisdiction of Court — Appropriate order on motion — Service and Execution of Process Act 1901-1953, secs. 4, 11, 13.

Gas regulation — Justices — Power to award damages in addition to fine — Gas Regulation Act 1933 (No. 4142), secs. 3 (2), 29 (1), 30 (b) — Gas and Fuel Corporation Act 1950 (No. 5507), sec. 11 (2)(d).

Companies — Investigation of company's affairs — Inspector appointed — Power of inspector to require officers and agents of company to answer questions — Whether former director may be compelled to answer — Companies Act 1938 (No. 4602), sec. 136.

Husband and wife — Maintenance — Order for maintenance of wife — Subsequent decree for dissolution of marriage granted to husband on ground of wife's desertion — Whether husband entitled to have maintenance order discharged — Maintenance Act 1928 (No. 3722), sec. 15 (12).

Negligence — Dangerous premises — Goods stacked negligently in shed on wharf — Wharf and shed allotted by Harbor Trust to shipowners for purpose of discharging goods from ship — Goods unloaded and stacked in shed by stevedoring company and thereby delivered to shipowners as wharfingers licensed for goods by Harbor Trust — Plaintiff injured while taking delivery of goods from shed on behalf of consignee — Bale falling on plaintiff from pile of negligently stacked bales — Action by plaintiff against Harbor Trust, shipping company and stevedoring company — Whether Harbor Trust "occupier" of shed — Invitee — Evidence of continuing dangerous condition — Whether shipowners liable under principles established in Donoghue v. Stevenson — Verdict and judgment against all three defendants — Successful appeal by shipowners, verdict set aside and order for new trial — Whether verdicts against other two defendants should also be set aside — Joint or concurrent tortfeasors.

Negligence — Motor car collision — Costs — Payment into Court — Payment in of more than amount recovered by plaintiff by reason of plaintiff's contributory negligence reducing damages — Trial prolonged by joinder by defendant of third party — Principles applicable to awarding of costs — Rules of Supreme Court 1951, Order XXII, rr. 1-6 — Wrongs (Contributory Negligence) Act 1951 (No. 5594).

Vendor and purchaser — Contract for sale of business — Carried on in rented premises — Conditional on vendor surrendering lease and landlord granting new lease to purchaser — No obligation on vendor to procure grant of new lease.

Criminal law — Sentence — Power to suspend sentence — Four sentences imposed at same time — Sentences totalling more than three years in all — Sentences suspended — Validity of suspension — Crimes Act 1928 (No. 3664), Sec. 532.

Evidence — Action against hospital — Records of admission, treatment and discharge of patients — Whether admissible — Legal professional privilege — What constitutes prospective litigation — Privilege from disclosure — Objection may not be taken upon tender of evidence — Where document tendered already disclosed — Statement of medical opinion — Whether admissible as "statement" — Evidence Act 1946 (No. 5183), sec. 3.

Landlord and tenant — Prescribed premises — Notice to quit — Ground of notice — Premises reasonably required by lessors for occupation by themselves and specified dependants — Whether notice valid — Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5) (g) (i).

Justices — Power to adjourn during the hearing — Determination of a case — Meaning — Justices Act 1928 (No. 3708), secs. 72, 89 (6).

Trustees — Income for maintenance, education and benefit of infant beneficiaries — Excessive accumulation of income — Meaning of accumulation of income "during a minority"; "under the general law" — Effect of statutory provisions on excessive accumulations of income and upon their operation upon a will — "Prior interest" in accumulated income — Court's inherent jurisdiction to apply infants' property for their benefit and make provision for their maintenance out of income — Trustee Act 1928 (No. 3792), secs. 3, 31 — Property Law Act 1928 (No. 3754), secs. 164, 165 — Wills Act 1928 (No. 3803), sec. 34.

Landlord and tenant — Jurisdiction of Court of Petty Sessions — Agreement for a lease — Specific performance — Option of renewal — Effect of exercise of option at a time when lessee in breach of obligations under the lease — Breaches remedied before date of expiration of the lease — Whether valid exercise of the option — Estoppel — Landlord and Tenant Act 1928 (No. 3710), sec. 72 — Landlord and Tenant Act 1948 (No. 5264), secs. 28, 32 (4), 42, 45, 78 — Property Law Act (No. 3754), sec. 146 — Justices Act 1928 (No. 3708), secs. 65, 69 — Instruments Act 1928 (No. 3706), secs. 128, 129 — Supreme Court Act 1928 (No. 3783), sec. 61 (2).

Criminal law — Sentence — Declaration as habitual criminal — Crimes Act 1928 (No. 3664), sec. 514.

Local government — By-law made pursuant to regulations — Regulations subsequently amended — Whether by-law rendered invalid — Adoption by council of planning scheme — In which residential zone defined — Exemption in case of lands, based on past use and past ownership — Scheme not invalidated — "Premises" — Meaning of — Local Government Act 1946 (No. 5203), Part XLIX; sec. 197 (7); Town and Country Planning Act 1944 (No. 5043), secs. 7 et seq.; Town and Country Planning Act 1948 (No. 5273); sec. 5.

Landlord and tenant — Application for possession — Rights of person entitled to equitable charge upon the property to be heard — Whether an "owner" — Whether a "party aggrieved" — Service of notice of application — Landlord and Tenant Act 1948 (No. 5264), secs. 73 (3) (a), (b), 75 (5) (b) — Justices Act 1928 (No. 3708), secs. 66, 150, 155 — Acts Interpretation Act 1928 (No. 3630), sec. 24.

Criminal law — Evidence — Statement by accused — Accused of foreign extraction not interrogated in presence of interpreter — Whether answers admissible in evidence — Direction to jury where accused's statement is admitted in evidence as a voluntary statement.

Trusts — Power of trustees — Preferential right to subscribe for share issues — Proceeds of sale of rights and of shares purchased with such rights — Capital or income — Whether trustees authorised to subscribe for such share issues — Bonus Shares — Whether capital or income.

Will — Construction — Use of residence by unmarried daughters while unmarried — Income payable to unmarried daughters — Codicil giving married daughters same rights as unmarried daughters — Period of distribution of estate — Condition of cesser of interest in estate on ceasing to reside, in home of sisters — Condition subsequent — Whether void for uncertainty — Issue — Meaning of — Restricted to children — Requirement that children survive period of distribution in order to take — Accrued shares — Who entitled to take.

Companies — Winding-up by the Court — Company having right of set-off against debt — Creditor competent to present petition — Company's omission to pay because bon fide disputes indebtedness — Not a "neglect to pay" statutory demand — Dispute must be based on substantial ground — Competent for winding-up Court to decide whether a substantial ground — Prim facie right of creditor to winding-up order — Discretion in Court to refuse order — When Court will exercise in favour of company — Whether counter-claim an answer to petition — Companies Act 1938 (No. 4602), secs. 166 (1) (e), 167 (a).

Divorce — Defended petition and counter-petition — Evidence — Power of Court to call evidence in order to investigate allegations made in pleadings — Form of order — Marriage Act 1928 (No. 3726), sec. 80.

Evidence — Statement made by person in document and tending to establish admissible fact — "Person interested" — "At a time when proceedings were pending or anticipated" — Evidence Act 1946 (No. 5183), sec. 3 (1), (3).

Stamps — Bill of exchange — Promissory note — Document under seal containing acknowledgment of receipt of loan, undertaking to repay upon written demand, undertaking that acknowledgment should bind promisor's executors and that promisor if called upon by promisee would execute further documents to secure repayment of amount lent or such sum as should then be owing by promisor to promisee — Whether promissory note — Whether document constituted account stated — Whether statutory definitions of "bill of exchange" and "bill of exchange payable on demand" include promissory notes — Whether insufficiently stamped promissory note may be stamped upon presentation for payment — Whether bon fide holder for value of irregularly stamped promissory note may recover in action on note upon affixing thereto proper adhesive stamp at trial of action — Stamps Act 1946 (No. 5204), secs. 41, 46, 47, 48.

Infant — Custody — Contest between father and mother — Welfare of child — Child of tender years — Desirability of custody by mother — Exercise of discretion — Marriage Act 1928 (No. 3726), secs. 105, 136, 145.

Justices — Appeal to Court of General Sessions — Application to General Sessions to state case for Supreme Court — Made some days after appeal allowed but while same Chairman still sitting — Application not out of time — Justices Act 1929 (No. 3708), sec. 147.

Animals — Dogs — May be destroyed if found in field, paddock, yard or other place enclosed by a fence — In which sheep, cattle or poultry confined — Provision inapplicable where killing takes place in building — Dog Act 1928 (No. 3667), sec. 19.

Transport regulation — Driving commercial goods vehicle — Without statutory period of rest — Whether whole period of driving without requisite rest period must take place in Victoria — Permitting employee to drive without proper period of rest — Abstaining from taking reasonable steps to prevent employee from driving without rest — Commission of offence — Transport Regulation Act 1933 (No. 4198), sec. 39 (1) (c).

Settled land — Freehold property — Trust to permit residence therein for life — Whether beneficiary a tenant for life — Settled Land Act 1928 (No. 3771), sec. 12.

Landlord and tenant — Lease — Licence — Whether tenant or lodger.

Administration and probate — Payment of legacies and annuities — Where lapsed share of residue — Whether payment to be made out of lapsed share or general residuary estate — Intestacy arising only after death of life tenant — Administration and Probate Act 1928 (No. 3632), secs. 4, 33, 34.

Vendor and purchaser — Uncompleted contract for sale of land — Contract by purchaser for sale to third party of portion of land included in original contract — Payment in full by third party of purchase price for such portion — Failure of original purchaser to pay his vendor — Disappearance of purchaser — Rights as between original vendor and third party to title of whole land.

Practice — Costs — Action for damages for negligence — Two defendants — Alleged breaches of different duties of care owed by each defendant to plaintiff — Plaintiff successful against one defendant only — Whether unsuccessful defendant should pay successful defendant's costs.

Divorce — Practice — Discovery — Application for — Cause or matter other than one commenced by writ of summons — Whether order for discovery may be made on ex parte application — Whether summons necessary — Rules of Supreme Court, Order XXXI, r. 12.

Divorce — Judicial separation — Power of Court to set aside decree of judical separation and discharge alimony order — On resumption of cohabitation — What amounts to resumption of cohabitation.

Landlord and tenant — Recovery of possession of premises — On ground premises required by lessors — Power in Court to effect division of premises between lessors and tenant — Landlord and Tenant Act 1948 (No. 5264), secs. 45 (1), 46 (a) (ii).

Evidence — Privilege — Solicitor and client — Preparation of document — Whether solicitor may be questioned as to the person for whom he was acting when he prepared the document.

Justices — Costs — Information — Dismissal — Discretion to refuse costs to successful defendant — Justices Act 1928 (No. 3708), sec. 102.

Transport regulation — Licence of commercial vehicle for special purposes — Variation of licence by issue of permit — Information — Defendant charged with operating vehicle otherwise than in accordance with the conditions of the licence issued — Onus of proving that licence not varied by permit — Transport Regulation Act 1933 (No. 4198), secs. 32, 46.

Landlord and tenant — Contracts deemed to be leases by statute — For purposes of prior Act — Provision inoperative to apply relevant Parts of prior Act to certain premises — Owner living on premises — Rebuttal of presumption that person using rooms and paying rent a lodger — Prices regulation — Meaning of "annoyance" — Landlord and Tenant Act 1953 (No. 5760), secs. 2 (a), 4 (1) — Prices Regulation Act 1948 (No. 5310), sec. 35 (1) (b) (ii) — Prices Regulation Act 1949 (No. 5429), sec. 3.

Maintenance — Wife leaving husband without just cause or excuse — No offer to return to matrimonial home — Wife without means of support — Husband not prepared to have wife back — Whether wife entitled to maintenance from husband — Maintenance Act 1928 (No. 3722), secs. 4 (a), 6 (1).

Justices — Order to review — Conflicting affidavits — Practice of preferring answering affidavit — May be departed from in proper case.

Landlord and tenant — Concurrent lease of flat — Whether extended to garage leased with flat by freeholder to tenant — Notice to quit given by concurrent lessee — Whether extended to garage — Original lease by freeholder to tenant not in writing — Whether, if reversion severed, assignee of part thereof competent to give valid notice to quit — Estoppel — Payment of rent for flat and garage — Whether tenant estopped from relying on insufficiency of concurrent lease to cover garage — Property Law Act 1928 (No. 3754), Division 5.

Solicitor — Unqualified person — Preparation for reward of instrument relating to personal property — Hire-purchase company preparing for fee form of transfer of hirer's interest in hired chattel — Legal Profession Practice Act 1941 (No. 4418), sec. 48.

Local government — Scheme of street construction — Objection thereto — Reference of objection to Court of Petty Sessions — Objector to be given notice thereof — Notice to be personally served — Court to fix time and place for hearing and direct who shall effect service of notice — Local Government Act 1946 (No. 5203), sec. 578.

Workers' compensation — "Disease" — Defined as including aggravation, acceleration or recurrence of pre-existing disease — Compensation for "disease due to nature of any employment" — "Disease of such a nature as to be contracted by a gradual process" — Whether definition applicable — Inconsistency with context or subject-matter — Atheroma — Worker subject to atheromatous condition before commencing last employment before death — Whether employer liable in respect of an industrial disease — Workers' Compensation Act 1951 (No. 5601), secs. 3, 12 (1) (b), 14.

Landlord and tenant — Licence — Construction — Licence created by implication — Effect — Landlord and Tenant Act 1953 (No. 5760), sec. 4 (1).

Solicitor — Refusal of application for practising certificate — Deficiences in trust account caused through lax office administration over several years — No dishonesty of applicant — Whether relief against refusal should be granted by Court — Nature of appeal to Court — Legal Profession Practice Act 1936 (No. 4418), secs. 3, 4; Legal Profession Practice Act 1946 (No. 5182), secs. 28, 34, 36, 39, 42, 45; Solicitors (Audit and Practising Certificates) Rules 1947, rule 38.

Landlord and tenant — Application for possession — Notice to quit — On ground that premises being a dwelling-house are reasonably required by one of two lessors — Concession granted by statute to "lessor" — Not applicable unless premises required by all lessors — Landlord and Tenant Act 1948 (No. 5264), secs. 37, 45; Landlord and Tenant Act 1953 (No. 5760), sec. 16 (2).

Licensing — Offences — Whether doctrine of marital coercion applicable — Licensing Act 1928 (No. 3717), sec. 161.

Evidence — Of physician or surgeon — Whether admissible without consent of patient — Meaning of "patient" — Prohibition against disclosure of information unless sanity of patient in dispute — When "sanity" in dispute — Opinion based on information excluded — Whether section positively prohibits evidence or merely enables privilege to be claimed — Evidence Act 1928 (No. 3674), sec. 28.

Evidence — Right of Judge to ask questions of witness — To test credit — Where Judge suspects recent invention — Right to ask witness to produce notes alleged to have been handed solicitor before trial.

Practice — Costs — Ward of Court — Action for administration of infant's property — Summonses concerning guardianship and education — Mother a party — Whether interlocutory order for her costs should be made — Either against husband (next friend) or out of infant's settled fund — Marriage Act 1928 (No. 3726), sec. 145.

Divorce — Domicil — Acquisition of domicil of choice while member of armed services.

Marketing of primary products — Interstate trade and commerce — Potatoes — Sale in Victoria by importer from another State of potatoes originally intended by him for use as seed on his farm — Whether sale is in the course of trade, commerce or intercourse between the States or within protection of sec. 92 of Commonwealth Constitution — Offence — Sale of potatoes other than to marketing board — Exculpatory provisions — Whether onus on defendant to establish or on informant to negative applicability — "Producer" — "Obtained" — Whether extends to obtaining of commodity from another person, by purchase or otherwise, in its complete state — Whether prohibition of sale of commodity by producer other than to marketing board extends to portion of commodity so sold but not actually produced by producer — Marketing of Primary Products Act 1935 (No. 4337), secs. 4, 19 (c).

Evidence — Admissibility — Divorce — Adultery — Claim for damages — Evidence of complaints by wife — Concerning husband's treatment of her — Evidence admissible to show type of wife she was — As affecting quantum of damages.

Practice — Order empowering plaintiff to enter final judgment — Application to set aside — On ground that it was a "judgment by default" — Rule not applicable — Rules of the Supreme Court, O. XIV; O. XXVII, r. 15.

Motor car — Collision — Action for personal injuries sustained by plaintiff — Counter-claim for personal injuries sustained by defendant in same collision — Authorized insurer — Extent of right of authorized insurer of plaintiff to take over conduct and control of action on behalf of plaintiff — Motor Car Act 1951 (No. 5616), sec. 55.

Insurance — Compulsory third party — Right of insurer to conduct and control action for personal injuries already commenced by plaintiff on own behalf.