Wrongs — Contributory negligence — Railways — Damages — Amount — Interference by appellate Court — Jury's findings of negligence on part of defendant and of contributory negligence on part of plaintiff — Defendant protected by statutory limitation of liability — Total loss and damage suffered by plaintiff — Whether plaintiff's share of responsibility for her own loss and damage should be deducted from her total loss and damage or from defendant's statutory limitation of liability — Railways Act 1928 (No. 3759), sec. 205; Wrongs (Contributory Negligence) Act 1951 (No. 5594), sec. 3.

Criminal law — Manslaughter — Woman helpless through illness — Whether failure by de facto husband to provide proper attention for her — Whether duty on him so to do.

Workers' compensation — Liability of person other than employer — Right of employer to be indemnified — Extends to insured employer — Workers' Compensation Act 1951 (No. 5601), sec. 62 (b).

Landlord and tenant — Application for possession — Where defendant a protected person — Order for possession or for ejectment prohibited — Complaint dismissed upon lessees giving up part of premises to lessor — Not an order for possession or for ejectment — Discretion to refuse order for possession upon conditions — Includes power to require defendant to give up part of premises to lessor — Landlord and Tenant Act 1948 (No. 5264), secs. 45 (1), 72 (5).

Landlord and tenant — Prescribed premises — Notice to quit — Whether operates to determine tenancy — Must not only be correct in form — But in law be an adequate notice — And ground must correspond with facts — Whether Court other than ejectment Court may determine validity — Landlord and Tenant Act 1948 (No. 5264), secs. 37, 42; Landlord and Tenant Act 1953 (No. 5760), sec. 14.

Trusts — Trustee with beneficial interest — Whether power conferred upon trustees under Act to invest trust funds in purchase of a dwelling-house for the use of a trustee-beneficiary — Trustee Act 1953 (No. 5770), secs. 3, 4 (1) (3).

Adoption of children — Consent in writing to adoption by mother of child — Withdrawal of consent by mother — Whether withdrawal of consent communicated to proposed adopters or Court of Petty Sessions — Whether person employed to obtain mother's written consent to the adoption an agent of proposed adopters to receive notice of withdrawal of consent — Writ of certiorari — Consideration thereon of material to ascertain whether required consent had been given — Adoption of Children Act 1928 (No. 3605), secs. 4, 5, 10.

Criminal law — Conduct of trial — Irregularity — Recalling and interrogation of accused by trial Judge — Accused unrepresented by counsel — New trial ordered.

Divorce — Jewish divorce in Melbourne — Petition seeking declaration that marriage dissolved — Power of Supreme Court to hear petition — Rules of the Supreme Court 1938, Order XXV, r. 5.

Fences — Notice to fence — Details of dividing fence settled by agreement — Statutory remedy for breach — Whether remedy available if extra-statutory clauses included in agreement — Failure of one party to perform agreement — Right in other party to construct whole fence "as agreed upon" — And then recover half the cost — Substantial compliance with specifications insufficient — Fences Act 1928 (No. 3679), secs. 7, 8 9.

Service and execution of process — Warrant "for the apprehension of a person" — Whether includes warrant for commitment of a convicted person to a reformatory — Commonwealth Service and Execution of Process Act 1901 (No. 11 of 1901) to 1953 (No. 48 of 1953), sec. 18.

Charities — Gift of residue of estate to charity — Whether gift of corpus or income — Gift expressed in form of perpetual gift of income — Whether intention in will that beneficiary to receive only income — Beneficiary being charitable institution important factor in ascertaining intention of testator.

Landlord and tenant — Recovery of possession of premises — Notice to quit — On ground that premises sub-let without lessor's consent — "Any contract agreement or arrangement" deemed to be lease or sub-lease — Whether ground of notice made out — Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5) (o); Landlord and Tenant Act 1953 (No. 5760), sec. 4 (2).

Landlord and tenant — Recovery of possession of prescribed premises — Power in Court to effect division of premises between lessors and tenant — Form of order — Validity of conditions — Landlord and Tenant Act 1948 (No. 5264), secs. 45 (1), 46 (a) (ii).

Husband and wife — Tort committed by husband — Motor collision — Wife injured because of husband's negligence — Not competent to sue for personal injury — Entitled to sue for damage done to separate property — Married Women's Property Act 1928 (No. 3727), secs. 4, 15 (1).

Justices — Order to review — Order of Court below — May be supported upon any ground open to successful party at stage order made — Justices Act 1928 (No. 3708), secs. 4, 150.

Landlord and tenant — Prescribed premises — Notice to quit business premises — On grounds that reasonably required for occupation by lessor and associated persons — Grounds mutually exclusive — Whether notice valid if grounds set out cumulatively — Meaning of occupation — Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5) (g) (ii).

Criminal law — Accessory after the fact to a felony — Ingredients of crime — Aid given need not be personal — Whether necessary to prove accused knew principal offence committed by principal felon — Whether necessary to prove intent to assist independently of desire for personal gain.

Trusts — Administration of estate — Beneficiary entitled in equity to share of deceased person's estate held by trustee — Debt due by beneficiary to estate — Whether trustee may deduct amount of debt from moneys falling due to beneficiary without appointment of receiver by way of equitable execution to receive such moneys and repay them to estate — "Contribution in aid of" estate.

Infant — Male ward of Court — Separation of guardianship from custody. Insanity — Methods of certification — Form of certificates.

Shipping — Standard conditions of contract of towage — Meaning of condition — Whether tug "in a position to receive orders direct from the hirer's vessel to pick up ropes or lines".

Criminal law — Murder — Manslaughter — Death occasioned by blows to child of nineteen months of age — Claim by the accused of correcting the child under authority or permission from its mother — Difference in elements necessary to constitute murder as distinct from manslaughter — Depending on whether (i) any genuine intent to correct even if cruel and violent excess of force or (ii) actions due to anger or fury — Limits of right to correct child.

Trusts — Life tenant and remainderman — Trustees empowered by will to carry on testator's business — Depreciation of plant and machinery used in business — Whether power to depreciate to extent in excess of cost price of plant and machinery.

Practice — Execution — Writ of restitution — Dispossession by defendant of plaintiff who has been put into possession by sheriff pursuant to judgment of Court — Whether writ applicable — Jurisdiction of Court to issue writ — Form of application for issue of writ.

Practice — Costs — Ward of Court — Summons concerning education and guardianship — Costs — incidence of — As between father, mother and trust fund — Marriage Act 1928 (No. 3726), sec. 145.

Landlord and tenant — Prescribed premises — Notice to quit — Given by one of two lessors — Notice invalid — Landlord and Tenant Act 1948 (No. 5264), secs. 2 (1), 37 (3).

Justices — Order to review — Practice — Affidavit in reply can be preferred to answering affidavit.

Local government — By-law made pursuant to regulations — Regulations subsequently amended — By-law rendered invalid — Purported amendment to invalid by-law to bring it into operation in amended form — Not a valid exercise of power to make by-laws — Heading to part of planning scheme — Effect of, as aid to interpretation — Local Government Act 1946 (No. 5203), secs. 204 et seq. — Town and Country Planning Act 1944 (No. 5043), sec. 8.

Local government — Uniform building regulations — Validity of regulations — Whether uncertainty a separate ground on which such regulations invalidated — Construction of regulations — Local Government Act 1946 (No. 5203), secs. 898, 900, 901, 905; Uniform Building Regulations, regs. 102; 201(a), (b), (i), (ii); 207 (a), (b); 208 (b) (i), (c), (d); 212; 301; 302; 503 (c); 504 (b); 601; 603; 808; 809; 813 (g) (ii); 1102 (b); 1307; 3902; 3914; 3918; 3923; 3928; 3930; 3931; 3932; 3933; 3934.

Certiorari — Whether available to quash error of law on face of record of inferior tribunal — Whether remedy removed by statute — Industrial Appeals Court — Copy of written decision of Court incorporating reasons and certified by registrar of Court as being true copy of Court's decision on matter — No other permanent record of decision — Whether decision part of "record" of Court — Document required by rules made under Act to be filed with Court — Document referred to in decision — Whether document part of record of Court — Duty of Industrial Appeals Court to re-hear application if original decision quashed — Long service leave — Exemption — Workers "under terms of employment with employer entitled" to superannuation benefits — Meaning — "In best interests of workers that exemption should be granted" — Meaning — Labour and Industry Act 1953 (No. 5771), sec. 153.

Companies — Winding up — Competency to present petition — "Contributory" — Whether includes one of two joint shareholders — Companies Act 1938 (No. 4602), sec. 168 (1).

Will — Execution — Attestation clause regular on face — Conflicting and imperfect evidence of attestation given by attesting witnesses — Court of probate unable to obtain assistance from evidence — Presumption of due execution — Permissible use of presumption — Wills Act 1928 (No. 3803), sec. 7.

Workers' compensation — "Total loss of the sight of one eye" — Loss of sight of eye previously rendered useless for industrial purposes by accident unconnected with employment — Whether compensation payable in respect of total loss of residual sight of such eye — Workers' Compensation Act 1951 (No. 5601), secs. 9, 11; Workers' Compensation Act 1953 (No. 5676), secs. 9, 15; Workers' Compensation (Amendment) Act 1953 (No. 5715), sec. 8.

Will — Construction — Land not to be sold "until such time or times as the law directs" — Period allowed by rule against perpetuities intended.

Settled land — Will — Construction — Proposed sale of settled land — Interest of beneficiaries in proceeds of sale of settled land.

Will — Construction — Testatrix describing herself as "M. V. . . . wife of L. V." and devising estate on trust for "my said husband" — Subsequent decree of divorce obtained by testatrix — Whether former husband entitled to take.

Landlord and tenant — Surrender of lease — Deed of assignment of lease unexecuted — Part performance of assignment of lease — Equitable assignment of lease — Specific performance — Property Law Act 1928 (No. 3754), secs. 52, 53, 55, 144, 146 — Landlord and Tenant Act 1948 (No. 5264), secs. 37, 69 — Instruments Act 1928 (No. 3706), secs. 128, 129.

Criminal law — Bail — Charge of murder — Accused on remand prior to committal for trial — Bail refused by magistrate — Power of Supreme Court to grant bail — Considerations applicable to grant of bail — Justices Act 1928 (No. 3708), sec. 54.

Criminal law — Director of body corporate or public company — Charge of fraudulently applying company's property — Whether proprietary company a body corporate or public company — Crimes Act 1928 (No. 3664), sec. 160.

Company — Proprietary company — Winding up — Proof of debt — Debt based on scheme devised for purpose of avoiding payment of sales tax — Whether debt provable — Alleged loan to company — Claim by liquidator that creditor had improperly retained company's money to amount in excess of alleged loan — Whether loan should be admitted to proof — Companies Rules 1944, Part I, r. 95.

Will — Construction — Gift of "bonds held by me . . . be held in trust until maturity . . . for the education of my grandchildren . . . at a Catholic school or schools" — Extent of interest in the bonds thereby bequeathed — Whether absolute gift — Intention of testatrix — Whether "bonds" include Commonwealth war savings certificates — Devise of property "to my son K. and my grandchildren in equal shares the property not to be sold without the consent of the executors of my estate" — Whether son takes an equal share with each of the grandchildren — Whether provision against alienation void — Directions as to disposal of rent from property devised — Whether repugnant to gift — Right of trustees to reside on property the subject of a gift.

Contract — Insurance — Estoppel by representation — Action against insurer for loss — Representations made in negotiations for contract — That policy covered certain risks — Insurer not estopped from relying on terms of written contract — Claims not covered by policy met by insurer — Insurer not estopped from alleging that other like losses not covered by policy.

Will — Construction — Estate left by testator "to my wife" — Wife subsequently instituting proceedings for divorce — Codicil later made by testator, while aware of divorce proceedings, whereby new executor appointed but in all other respects will confirmed — Decree for dissolution of marriage made absolute before testator's death — Whether wife entitled to take under will.

Private international law — Foreign adoption order — Made after persons affected had acquired Victorian domicil — Not recognized by Victorian Courts.

Licensing — Application for grocer's licence — Compliance with requirement to give notice of application — When application is "made" — Substantial difference between notice of application and desire of applicant as stated on day of hearing as to area to be licensed — Effect — Licensing Act 1928 (No. 3717), secs. 88, 89, 90, 94 — Licensing (Amendment) Act 1949 (No. 5442), sec. 2.

Criminal law — Evidence — Character of accused — Whether jury should be discharged if evidence given of bad character — Judge's charge to jury — Failure to comment on particular fact — Not in itself ground for new trial.

Divorce — Custody and maintenance — Applicant wife and child permanently residing outside jurisdiction of Court — Whether Court should make order for custody or maintenance of child — Marriage Act 1928 (No. 3726), sec. 105 — Marriage (Divorce) Act 1933 (No. 4210), sec. 5.

Husband and wife — Title to matrimonial home — Intention of parties to be given effect — Joint account between spouses, and common pool — Investments paid for thereout made in name of husband — Wife entitled to moiety — Married Women's Property Act 1928 (No. 3727), sec. 20.

Transfer of land — Unregistered transfer — From husband to himself and wife jointly — Consideration shown as "natural love and affection" — Whether effective to pass interest to wife.

Husband and wife — Payment by the husband of money into wife's banking account for the improvement of the wife's property — Payment made without request of the wife — Whether husband has an equitable charge on the wife's property to the extent of the moneys so paid — Married Women's Property Act 1928 (No. 3727), sec. 20.

Bailment — Bailor's action for loss — Non-delivery by bailee to bailor — Onus of proof.

Arbitration — Arbitration clause in contract — Application to stay proceedings — To be made before taking steps in proceedings — Filing affidavit in reply to summons for final judgment — And asking leave to defend — Constitutes taking a step — Arbitration Act 1928 (No. 3637), sec. 5.

Trespass — Easement — Party wall — Interest of parties therein — Removal of chattel attached thereto as part of freehold — Whether removal wrongful.

Will — Construction — "It is my express wish that" — "I desire my trustee to give opportunity of purchasing at reasonable price" — Duties and powers conferred on trustee by these words — Whether mandatory or directory — Precatory trust — Delegation of will-making power.

Criminal law — Accused unrepresented by counsel — Nature or conduct of defence — Involving imputation on character of Crown witness — No obligation on trial Judge to warn of consequences — Failure of accused to open case to jury — Not told of right to do so by trial Judge — Accused presumed to know of right — Crimes Act 1928 (No. 3664), secs. 432 (e)(ii), 448.

Administration and probate — Probate duty — "Gift inter vivos" — "Settlement" — Meanings thereof — Property forming part of deceased person's estate — Deed of settlement vesting assets in trustees — "Non-testamentary disposition of property" — Whether disposition creates beneficial interest — Whether "gift inter vivos" or "settlement" — Character of disposition — Whether to take effect on death — Ascertainable as soon as made — Administration and Probate Act 1928 (No. 3632), sec. 177; Administration and Probate (Estates) Act 1951 (No. 5590), secs. 2 (1), 4 (1) (d), (h), 11.

Trusts — Administration of — Appointment of new trustee by "personal representatives of the last surviving or continuing trustee" — Surviving trustee residing outside jurisdiction at date of appointment and liable to be removed from office — Whether his existence may be disregarded to validate appointment — Trusts Act 1896 (No. 1421), sec. 4 (1); Trusts Act 1901 (No. 1769), sec. 5; Trustee Act 1953 (No. 5770), secs. 41, 51.

Negligence — Welding operations — Danger of fire — Liability in contract and tort — Standard of care — Volenti non fit injuria — Whether available as a defence — Contributory negligence — Relevancy in mitigation of damages — Onus of proving contributory negligence.

Administration and probate — Will — Document consisting of two sheets of paper unattached — Dispositive clauses on one sheet signed by deceased — Second sheet of paper containing attestation clause and signatures of two witnesses — Whether both sheets of paper together constitute the will of the deceased — Whether probate should be granted.

Practice — Jury — Discharge of, before trial of action completed — Whether discretion to discharge properly exercised by trial Judge — Costs — Of abortive trial — Exercise of discretion to order — Conduct of party relevant — Order may be made although no misconduct.

Landlord and tenant — Lease — Proposed assignment of lease — Whether consent of lessor to proposed assignment unreasonably withheld — Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5) (n) — Landlord and Tenant Act 1953 (No. 5760), sec. 14.

Nuisance — Horses kept on dairy premises without proper stabling — Interference with use and enjoyment of neighbouring premises — Loss of sleep by neighbouring occupier as a result thereof — Whether reasonable use of the premises or public benefit are defences — Whether a trade essential to the locality can be complained of — Extent to which evidence of economic necessity for delivery of milk by horse-drawn vehicles is relevant — Jurisdiction to refuse injunction on undertaking by defendant to erect proper stables.

Adoption of children — Discharge of adoption order — Appeal against refusal to discharge order — Whether appeal should be heard in camer — Whether discretion of primary Judge exercised on erroneous grounds — Matters for consideration as to whether order for discharge should be made — Adoption of Children Act 1928 (No. 3605), secs. 3, 4, 5, 7, 10, 12, 13, 17.

Adoption of children — Application to set aside adoption order — Limits of discretion for trial Judge — Factors relevant to the exercise of the discretion — Adoption of Children Act 1928 (No. 3605), sec. 13.

Mandamus — Uniform Building Regulations — Permit thereunder to be granted within fixed time if fee paid — Whether mandamus lies where fee unpaid — Failure to grant permit within fixed time — Mandamus lies although matter still being considered.

Local government — Uniform Building Regulations — Application for permit — Failure of municipal council to grant within time fixed — Non-payment of fee not necessarily bar to grant of mandamus to compel — Failure to grant permit within fixed time — Mandamus lies although matter still being considered — Town and country planning — Interim development orders — Mandamus may go limited to compliance with such orders.

Town and country planning — Interim development orders made by different authorities in respect of same area — Whether can operate together — Interim development order not a by-law or regulation — Order restricting use of land and buildings — Exemption in case of continuance of use for purpose lawfully used before operation of order — Whether exemption applicable to existing buildings only — Town and Country Planning Act 1944 (No. 5043), sec. 12; Town and Country Planning Act 1954 (No. 5778), sec. 3.

Landlord and tenant — Recovery of possession — Tenants vacating premises — With intention of ending tenancy — Lodger remaining in occupation — Complaint issued by landlord against lodger — Necessary that tenancy should have ended before issue of complaint — Landlord and Tenant Act 1928 (No. 3710), secs. 69, 72.

Landlord and tenant — Contract to occupy premises — "Bon fide lodger" — Claim for use and occupation — Landlord and Tenant Act 1928, sec. 8 — Landlord and Tenant Act 1953, sec. 4 (1).

Arbitration — Building contract — Enforcement of award — Grounds for setting aside — Answers in award not final — Extraneous matters, not raised in questions submitted, dealt with in answers — Denial of justice — Evidence of material witness taken in absence and without knowledge of parties — Evidence part of basis for award made.

Contract — Building contract — Alteration to plans — Prior consent in writing of surveyor not obtained — Illegality — Uniform Building Regulations.

Mining — Crown grant — "Minerals", meaning of — Whether rock and stone included — Whether vested in Crown or grantee of Crown land — Local Government — Interpretation of Statutes — Procedure — Joinder of parties — Defendant grantee of licence to mine in plaintiff's quarry also applicant for mining lease in respect of same quarry from Crown — Whether any right of plaintiff infringed or about to be infringed by application — Injunction quia timet — Declaration — Costs "Bullock" order — Mines Act 1897 (No. 1514), sec. 68 (2).

Practice — Insurance — Discovery — Action on policy of marine insurance — Application for order for discovery of ship's papers — Whether order discretionary — Supreme Court Act 1928 (No. 3783), sec. 21; Rules of the Supreme Court, Order LXXII, r. 2.

Practice — Jury — Trial involving scientific investigation — Power of Judge to order trial without jury — Of his own motion and after commencement of trial by a jury — Supreme Court Rules, Order XXXVI, r. 5.

Evidence — Estoppel — Action for damages for assault and battery — Based upon rape — Defendant previously convicted of offence — Not estopped from denying plaintiff's allegations.

Sheriff — Sale under writ of fi. fa. — Duty of sheriff — Power of Court to set aside sale — Circumstances under which sale set aside — Property Law Act 1928 (No. 3754), sec. 208 (3).

Landlord and tenant — Termination of contractual tenancy by tenant — Deserted wife's licence thereby terminated — Whether statutory tenancy created — By deserted wife remaining in premises — Landlord and Tenant Act 1948 (No. 5264), sec. 2 (2).

Police Offences — Rogue and vagabond — Being found in "enclosed area" — Interpretation of words "area" and "enclosed" — Police Offences Act 1928 (No. 3749), sec. 72 (13).

Real property — Registered land — Unregistered easement — Transfers of dominant and of servient tenements — Both transfers unregistered — Lodged plan of sub-division delayed in Titles Office — Whether transferee of dominant land entitled to casement as against transferee of servient land — Transfer of Land Act 1928 (No. 3791), sec. 212 — Local Government Act 1941 (No. 4869), sec. 35 (2).

Landlord and tenant — Prescribed premises — Notice to quit — Six months' notice if premises required "for our own use" — Such notice necessary whatever ground relied on — Ground of notice — That lessee convicted or that premises found or declared to have been used for illegal purpose — Two separate grounds — Particulars may show which ground relied on — Landlord and Tenant Act 1948 (No. 5264), secs. 37, 41, 42.

Administration and probate — Testator's family maintenance — Married daughter — Circumstances in which discretion will be exercised in her favour — Relevance of husband's means and ability to support her and their prospects in life — Whether date of death or date of application relevant time in considering needs of applicant — Whether trial judge exercising discretion — Administration and Probate Act 1928 (No. 3632), Part V, sec. 137 — Administration and Probate Act 1937 (No. 4483).

Vendor and purchaser — Defect in title of which vendor unaware — Whether duty owed to purchasers to inquire — No requisitions delivered — Whether purchasers deemed to have accepted title — Purchasers remaining in possession after knowledge of defect — Title accepted — Rescission — Purchasers not entitled to rescind — Where there could not be restitutio in integrum — Discretion in Court to order repayment of deposit — Extent of discretion — Circumstances affecting exercise — Transfer of Land Act 1928 (No. 3791), sec. 278, 25th Schedule, Table A, Condition 2 — Property Law Act 1928 (No. 3754), sec. 49 (2) — Demolition order — Slum Reclamation and Housing Act 1938 (No. 4568), sec. 8.

Principal and agent — Contract of sale of land — Deposit held by vendor's agent — Contract goes off — Vendor liable to repay deposit to purchaser — Agent's wrongful refusal to pay deposit to vendor — Vendor not entitled to be indemnified by agent — Order XVI A, r. 1(b) and (c) — Vendor and purchaser — Sale expressed to be conditional upon consent of Minister — Consent not legally necessary to particular sale — Effect of condition on operation of contract.