Wool realization - Wool supplied by trustees - Moneys received therefor - Successive equitable owners of shares in estate - Whether moneys received income or corpus - Moneys held cestui que trust at date received - Commonwealth Wool Realization (Distribution of Profits) Act 1948 (No. 87), s29.

Private international law - Divorce - Foreign decree of court which not court of domicil - Statutory jurisdiction in foreign court to grant decree - Similar statutory jurisdiction in Victoria with respect to parties domiciled elsewhere - Decree not recognized.

Landlord and tenant - Prescribed premises - Premises sub-let without lessor's consent or approval - Head lease surrendered - Sub-lease not thereby terminated - Sub-tenants become tenants of head lessor - Landlord and Tenant Act 1948 (No. 5264), s56(1).

Negligence - Car skidding off road at bend and overturning - Res ipse loquitur - Defendant's failure to give evidence a matter for the jury to consider when assessing probabilities - Misdirection questioned by trial judge - Plaintiff qualified as an expert.

Administration and probate - Testator's family maintenance - Large estate - Provision for child - Whether aliquot portion of estate or specified sum should be awarded - Administration and Probate Act 1928 (No. 3632), s139 - Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4482), s3.

Criminal law - Explosive substance - Having "in his possession or under his control" - Single offence - Crimes Act 1928 (No. 3664), s307(4).

Will - Survivorship - Period of distribution - Provisions in the will as to religion and as to marriage out of religion - Uncertainty - Public policy - Interference with religious up-bringing of infants - Partial restraint of marriage - Condition precedent - Condition subsequent - Gift to grandchildren who shall at date of distribution be Roman Catholics and not have married Protestants.

Contract - Counter-offer or offer to substitute a new contract for an old contract - Counter-offer must be made with the intention of effecting relationship between the parties - Estoppel - Hire purchase - Whether minimum payment clause may amount to a penalty - Effect of s3 of Hire Purchase Agreements Act 1936 on such clauses - Hire Purchase Agreements Act 1936 (No. 4428), s3, s4.

Company - Co-operative company - Conversion from co-operative company to ordinary trading company - Special resolution passed to alter the provisions of new memorandum of association - Alterations relating to (i) substitution of its objects clause for old objects clause, (ii) minimum subscription, (iii) non-listing of shares, (iv) limitation of proportion of business to members, (v) non-alteration of articles without consent of Attorney-General - "Alterations with respect to the objects of the company" - Companies Act 1938 (No. 4602), s5, s6, s10, s17(2)(a)(iii), s19, s39, s40, s153, s356(ii), s375, s377 - Companies (Names) Act 1955 (No. 5862), s2

Criminal law - Murder - Defence involving imputations on the character of a deceased man - Meaning of "prosecutor" - Whether accused liable to be cross- examined as to prior record or as to bad character - Crimes Act 1928 (No. 3664), s432(e).

Criminal law - Evidence - Driving under influence of liquor - Condition of accused - Witness must be qualified to give opinion evidence - Crimes (Driving Offences) Act 1955 (No. 5936), s3.

Trade - Trade name - Passing off - Misrepresentation - Name of company calculated to deceive - Whether goodwill continues to exist despite cessation of business operations - Onus of proof of non-abandonment of use of name - Temporary cessation of business - Intention to resume - Injunction.

Company law - Reduction of share capital - Confirmation by the Court - Purpose of confirmation - Protection of shareholders, creditors and public - Companies Act 1938 (No. 4602), s56.

Will - Construction - Admissibility of extrinsic facts - Election - Evidence of intention admissible to resolve equivocation - "Shares held by me" includes shares held equitably.

Criminal law - Jury empanelled and discharged without verdict, upon juror disclosing acquaintance with accused - Discharge no bar to trial by second jury - Consent of Attorney-General not obtained to one of four counts in presentment - Count withdrawn from jury - Obtaining money fraudulently by means of wilfully false promises - Crimes Act 1928 (No. 3664), s181; Crimes Act 1954 (No. 5783), s2.

Arbitration - Reference by consent out of Court - Award made - Agreement to re-open reference - Power in arbitration to make new or amended award - Time limit for making award - Waiver by conduct - Written agreement to refer future differences - Appointment and reference made by parol - Unnecessary to sign written submission - Arbitration Act 1928 (No. 3637), s3, s10, s13.

Evidence - Right to re-examine witness if recent invention of evidence is suggested by cross-examination, or might be inferred by jury - Prior consistent statements of witness admissible to re-establish credit - meaning of "recent invention".

Damages - Hospital expenses - Statutory limit chargeable against patient - Amount paid in excess of statutory amount not recoverable from negligent defendant - Hospital Benefits Act 1952 (No. 5662).

Damages - Infant plaintiff - Form of compromise agreement - Hospital expenses - Hospitals's rights under Motor Car Act 1951 (No. 5616), s57 - Hospital Benefits Act 1952 (No. 5662).

Landlord and tenant - Trespass to land - Writ of possession - Compulsory sale by mortgagee under Transfer of Land Act - Lease granted to lessee prior to sale by mortgagee and without consent of mortgagee - Right of purchaser paramount to right of lessee to whom mortgagor granted lease without consent of mortgagee-Lease not registered - Purchaser not successor in title to lessor - Landlord and Tenant Act 1948 (No. 5264), s2, s37 - Transfer of Land Act 1928 (No. 3791), s131, s148, s150.

Vendor and purchaser - Contract - Specific performance of contract of sale of land - Special condition that sale subject to the vendor disposing of his business and stock on the land sold within ninety days of the contract - Failure to comply with special condition - Implied term that vendor would take reasonable steps to sell and would do so if offered a price and terms which bona fide he did not consider unreasonable.

Criminal law - Certiorari - Conviction in Children's Court - Accused sentenced to imprisonment and detention during Governor's pleasure - Mistake as to child's age - Court entitled to act on apparent age - Accused to be asked question as to trial by jury or summary trial - Form of question - Children's Court Act 1928 (No. 3653), s2, s4, s13, s29.

Will - Trust for erecting and fitting out home for aged by Salvation Army - Whether charitable trust - Whether failure of testatrix to limit gift to "aged, impotent and poor people" affected its validity - Salvation Army devoted to work among poor and indigent in community - Trust valid both because created for the relief of poverty and because the words "aged, impotent and poor people" in preamble to Statute of Charitable Uses 1601 (43 Eliz., c.4) to be read disjunctively - Salvation Army (Victoria) Property Trust Act 1930 (No. 3896), s18.

Sale of land - Contract - Restrictive covenant - "Not to erect more than one private dwelling" - Dwelling-house altered and added to - Dwelling-house divided into two separate residences.

Criminal law - Unlawful possession - Chattels in actual possession of accused suspected of having been stolen - Chattels in garage to which accused and wife both had access - Accused occupier of garage and his wife had nothing to do with the suspected chattels - Police Offences Act (No. 3749), s40.

Criminal law - Order of addresses at trial where two accused presented together for separate offences arising out of one series of incidents - Joint offence not charged - Deposition put in by first accused beneficial to second accused's case - Prosecutor has a right of reply - Court's discretion to allow counsel for second accused to reply - Crimes Act 1928 (No. 3664), s432.

Practice - Order of addresses in criminal trial where two accused tried together and evidence of one favours other.

Husband and wife - Husband and wife enter into deed of partnership - Extent of jurisdiction of Court under Married Women's Property Acts - Wife's contributed moneys to the partnership - Wife sold interest in partnership to third person and not entitled to claim in respect of partnership assets - Partnership.

Contract - Non est factum - Married Women's Property Act 1928 (No. 5727), s20.

Landlord and tenant - Contract - Specific performance - Contract relating to possession of premises - Claim that tenancy assigned - Part performance - Need not be unequivocally referable to contract of assignment - Sufficient if referable to agreement for disposition of interest in land - Property Law Act 1928 (No. 3754), s53, s55.

Water - Natural flow of surface water - No right in owner of lower land to impede - Collection of water into one body by superior owner - Whether lawful to discharge on to lower land - Damages - Dominant and servient tenement - Trespass to abate nuisance.

Practice - Venue - Application by defendant for change of venue - Considerations of inconvenience and expense - Local interest of matters in dispute - Jury - Whether fair trial probable - Rules of the Supreme Court, O.XXXVI, r1.

Partition - Sale in lieu of partition - Husband and wife joint tenants - Home subject to mortgage to Director of War Service Homes - Power of Director - Power of Court to order sale - War Service Homes Act 1918-1949, s4, s29(4), s35(1) - Property Law Act 1928 (No. 3754), PtIV.

Criminal law - Justices - Sentences suspended on prisoner entering into two good behaviour bonds - Prisoner subsequently convicted of a fresh offence and sentenced to term of imprisonment - Concurrent sentences - Suspended sentences not to be served concurrently with sentence prisoner then serving - Crimes Act 1928 (No. 3664), s532, s538 - Gaols Act 1928 (No. 3690), s21 - Justices Act 1928 (No. 3708), s120, s155.

Evidence - Certain statements in documents admissible - Rejected if made by person interested at time proceedings pending - Time when and circumstances in which question of interest determined - Statement must be in admissible form - Discretion to reject - Evidence Act 1946 (No. 5183), s3.

Criminal law - Bigamy - Honest belief on reasonable grounds that former marriage dissolved - Onus of proof - Crimes Act 1928 (No. 3664), s61.

Administration and probate - Probate duty - Gift duty - Gift inter vivos - For religious purposes - Exemption from duty - Administration and Probate Act 1928 (No. 3632), s160 - Administration and Probate Act 1948 (No. 5277), s8(1) - Administration and Probate (Estates) Act 1951 (No. 5590), s4(1), s10.

Administration and probate - Will - Application for probate of copy - Original lost - Last in testator's possession, but not forthcoming at death - Whether inferred that destroyed animo revocandi - Effect of consent of next of kin to grant of probate.

Local government - Uniform Building Regulations - Refusal by council to grant permit to pull down houses - Whether council under a duty to grant a permit to pull down houses - Mandamus - Local Government Act 1946 (No. 5203), s197, s199, s892, s893, s897, s901(2) - Uniform Building Regulations, reg501, reg502, reg503, reg504, reg506, reg507, reg1608.

Landlord and tenant - Breach of covenants in a lease - Need for lessor to give lessee notice to remedy breach pursuant to Property Law Act 1928 (No. 3754); s146, before lessor may rely on ground 37(5)(b) of Landlord and Tenant Act 1948 (No. 5264).

Landlord and tenant - Tenant company agreed to pay bonus to lessor in addition to fair rent - Bonus nevertheless rent - Tenant in arrears with fair rent not entitled to treat "bonuses" as paid in satisfaction of rent owing - No power in authorized officer to consent to payment of "bonuses" as money other than rent - Tenant's right to claim bonus payments made by it from lessor a matter magistrate may take into account in exercising discretion as to making order or terms thereof - No right in party to argue case on suppositions of fact on review if facts not proved in petty sessions - Landlord and Tenant Act 1948 (No. 5264), s12, s29, s37(5)(b), s37(5)(a)(iii), s31(1), s45, s46 - Property Law Act 1928 (No. 3754), s146.

Practice - Discovery and inspection of documents - When direct application for inspection of a specific document may be made without prior notice to other party and without prior order under Rules of Supreme Court 1938, O.XXXI, r19(3) - Rules of Supreme Court, O.XXXI, r15, r17, r18, r9(2), r9(3) - Inspection of document by Judge - Privilege - Report by architects to defendant before he actually consulted solicitor - Litigation reasonably anticipated - Purpose of report inter alia for submission to defendant's solicitor if plaintiff should sue - Document prepared inter alia for use of solicitors if anticipated litigation commenced.

Evidence - Criminal law - Notes taken of interrogation - Failure of witness's recollection - Use to be made of notes.

Evidence - Criminal law - Notes taken of interrogation - Admissible if signed by accused - Failure of witness's recollection - Refreshing memory from notes - Reading as evidence notes taken of interrogation.

Landlord and tenant - "Business premises" - Ceasing to be prescribed premises - Upon lease in writing being entered into with head tenant - Whether sub- lessee's rights affected - Landlord and Tenant Act 1953 (No. 5760), s3.

Landlord and tenant - "Business premises" - Ceasing to be prescribed premises - Upon concurrent lease in writing being entered into - Rights of lessee in possession of part unaffected - Landlord and Tenant Act 1953 (No. 5760), s3.

Partition - Sale in lieu of partition - Costs - Effect of plea which affords no answer to plaintiff's claim on the question of costs - Failure by the plaintiff to take out a summons to have the plea struck out of the defence-Property Law Act 1928 (No. 3754), s224, s232 - Rules of the Supreme Court, O.XXXII, r6.

Jury - Practice - Power of trial judge to order jury to retire - Admissibility of evidence by affidavit disclosing "special facts" - Whether the Court can look at the facts disclosed in the affidavit - Power of trial judge to discharge the jury - Wrongful exercise of discretion in refusing to discharge the jury - Rules of the Supreme Court, O.LVIII, r4.

Landlord and tenant - Prescribed premises - Ejectment - Tenant a protected person - Offer of new tenancy of other premises which were not prescribed premises - Whether "reasonably suitable alternative accommodation" - Landlord and Tenant (Amendment) Act 1955 (No. 5884), s3.

Criminal law - Murder trial - Jury discharged after failure to agree - Accused remanded for re-trial - Application for alteration of order of discharge - Alleged that jury agreed on verdict not guilty of murder - No power to receive evidence from discharged jurymen - Undesirability for defence to interrogate discharged jurymen.

Testator's family maintenance - Application for extension of time - Onus on applicant of proving facts justifying - Ignorance of material fact concerning interest under will - New ground for application emerging during hearing - Applicant not limited by ground in summons - Administration and Probate Act 1928 (No. 3632), s147; Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), s6.

Trustees - Contract of sale of land - Deposit paid to trustees - Contract rescinded and deposit forfeited - Claim by purchasers - Proposed compromise by re-paying portion of deposit to purchasers - Application for order approving compromise - True deposit or penalty - Relevance of percentage deposit bears to purchase price - Whether deposit recoverable where contract rescinded - Property Law Act 1928 (No. 3754), s49(2) - Trustee Act 1953 (No. 5770), s19.

Settled land - Tenants for life - Grant of lease by - To company composed of themselves - Whether valid exercise of power - Transactions between trustees of settlement and tenant for life - Application for Court's approval - Transaction must first be completed - Court will not devise transaction - Settled Land Act 1928 (No. 3771), s42(5), s64, s68, s92(2), s107.

Criminal law - Manslaughter caused by driving of motor car - Jury directed entitled to convict of dangerous driving or driving under the influence - Jury acquitted accused of manslaughter and driving under the influence but unable to agree as to dangerous driving - New trial in respect of dangerous driving - Effect of presentment for specified offence where conviction for lesser offence open on that presentment - Crimes (Driving Offences) Act 1955 (No. 5936), s2, s3.

Landlord and tenant - Prescribed premises - Notice to quit dwelling-house - Required for lessor's occupation for business purposes - Offence to use, without Court's consent, for non-residential purposes - Whether notice valid - Landlord and Tenant Act 1948 (No. 5264), s37(5)(g), s52(1); Landlord and Tenant Act 1953 (No. 5760), s17.

Conciliation and arbitration - Conviction for breach of award - Order to review in Supreme Court - Act conferring exclusive appellate jurisdiction on Industrial Court - No retrospective operation - Award - Employment not to be terminated - Effect of re-classification - Commonwealth Conciliation and Arbitration Act 1904-1955, s59; Commonwealth Conciliation and Arbitration Act 1904-1956, s41 (re-numbered 113); Commonwealth Conciliation and Arbitration Act 1956 (No. 44 of 1956), s10.

Mortgages - Mortgagee obtaining possession - Or receipt of profits of land - Time limit for suit for redemption - Meaning of "has obtained receipt of the profits of any land" - Arrears of interest under second mortgage - Remedy barred after six years - Debt not extinguished - Sale by first mortgagee - Surplus - Second mortgagee to receive all interest - Property Law Act 1928 (No. 3754), s300, s305; Transfer of Land Act 1928 (No. 3791), s149.

Criminal law - Practice - Application for leave to appeal - Can proceed without report from trial judge - Crimes Act, 1928 (No. 3664), s599; Criminal Appeal Rules, r15.

Will - Trust for providing quarterly payments of income for life subject to a condition - Whether condition a condition precedent or a condition subsequent imposed to defeat a right conferred by the life interest - Grantee designate not to marry person educated at Roman Catholic school or institution - Whether condition void on grounds of uncertainty and public policy.

Administration and probate - Revocation of first will in belief that second will contained two clauses similar to those in the first will - Clauses omitted in error - Jurisdiction to admit to probate second will and two clauses of the first will with declarations that revocation clause in second will not to extend or apply to them - Admissibility of extrinsic evidence to show that second will executed conditionally.

Trade name - Use of same name by two companies - Action for injunction - Because public confused - Necessary to prove tangible probability of deception - And probability of damage to property - Effect of fraud in taking name.

Administration and probate - Will - Gifts made subject to provision that bequests should revert back to estate if beneficiary predeceased testator and residuary bequests made after legacies and "subject to the above" - Priority of payment of debts etc. - Incidence of Victoria probate duty, debts, funeral and testamentary expenses, pecuniary legacies, and a legacy on estate as between surviving residuary beneficiary's interest and that of next of kin - Residue - Administration and Probate Act 1928 (No. 3632), s33, s34, s162, s163, 2nd Schedule - Administration and Probate (Amendment) Act 1948 (No. 5277) - Administration and Probate (Estates) Act 1951 (No. 5590), s4(3).

Negligence - Action by prisoner against wardress of gaol - Prisoner injured while operating mangle in prison laundry - Consent of wardress given to prisoner to operate mangle although prisoner undertook to do so of her own volition or prisoner ordered to operate mangle - Mangle dangerous machine in circumstances - Duty of care owed to prisoners by prison authorities and by wardress - Causation - Common employment - Public policy.

Contract - Duty stamp affixed after execution - Whether material alteration - Duplicate original materially altered by servant of obligee - Obligee not prevented from relying upon other unaltered duplicate original - Material alteration - Stamps Act 1946 (No. 5204), s28, s29, s30, s50, s51, s52.

Workers compensation - "Remuneration" of a "worker" - Meaning of "remuneration" - Workers Compensation Act 1951 (No. 5601), s3(1); Workers Compensation Act 1953 (No. 5676), s2.

Will - Construction - "With liberty from time to time to vary such investments for others of a similar nature" - Investment permitted in shares of Bank of Victoria Limited - Investment of a similar nature would include shares in National Bank of Australasia Limited or stock in Commercial Bank of Australia Limited - Investments of a "similar nature" restricted to proceeds from realisation of specified securities and does not add to the prescribed field of primary investment.

Workers compensation - Weekly payments - Employer not to end or diminish - Except in enumerated circumstances - Certificate of medical practitioner that worker partially recovered - Weekly payments ended - Whether offence committed - Medical practitioner's report "disagreeing with" certificate - Requirements of report - Workers Compensation Act 1951 (No. 5601), s9, CL7.

Workers compensation - "Worker" - Excludes person whose remuneration exceeds 750 pounds a year - "Remuneration" Board and lodging included - Value of transport provided by employer - Calculation of remuneration - Employee injured while using transport provided by employer - Whether acting in course of employment - Workers Compensation Act 1928 (No. 3806), s3(1) - Workers Compensation Act 1951 (No. 5601), s3.

Insurance - Compulsory third party policy - Damages recovered against employer of driver - Claim against driver for indemnity - Whether covered by words of policy - Double insurance - Employer's indemnity policy - Right to contribution - Motor Car Act 1951 (No. 5616), s44(2)(c).

Contract - Promise to "well reward" a housekeeper if she stayed with deceased till he died - Uncertainty - Implied obligation to pay for housekeeper's services - Quantum meruit - Statute of Limitations - Basis of assessment.

Evidence - Personal injuries - Sustained by plaintiff through defendant's negligence - Evidence that plaintiff examined by medical practitioners on behalf of defendant - Admissible - At what stage admissible.

Workers Compensation - Independent contractor - Whether deemed to be working under contract of service - Whether agreement to "clear" of logs land "in occupation of" other party - Licence to fell timber - Not "occupation" - Workers Compensation Act 1951 (No. 5601), s3(4).

Divorce - Adultery - Respondent insane where acts which would otherwise constitute adultery committed - Form of insanity preventing respondent from knowing that what she was doing was wrong although she was aware of what she was doing - Applicability of M'Naghten rules in divorce proceedings.

Criminal law - Bail - Evidence - Application to revoke bail of accused awaiting trial in charges of incest - Whether evidence of wife of accused admissible for Crown in support of the application - Crimes Act 1949 (No. 5379), s13.

Criminal law - Bail - Application to revoke bail - Principles upon which application to be decided - Crimes (Amendment) Act 1955 (No. 5917), s6.

Procedure - Jury action - Weekly payments of workers compensation to be deducted from damages awarded - Judge, not jury, to make deduction - Workers Compensation Act 1953 (No. 5676), s14(2).

Criminal law - Evidence - Driving under influence of liquor - Condition of accused - Motor car - Qualifications of witnesses giving opinion evidence - Crimes (Driving Offences) Act 1955 (No. 5936), s3.

Payment and tender - Coinage - Interpretation of the word "coin" in the Commonwealth Crimes Act 1914-1955.

Criminal law - Illegally using motor car - Elements of crime - Guilty mind relevant - Crimes (Amendment) Act 1955 (No. 5917), s3(2).

Criminal law - Application for new trial - On ground that fresh evidence available - Conditions which must be satisfied.

Workers compensation - Worker receiving medical treatment at home for compensable injury - Attendance at any place for medical treatment - Arising out of or in the course of employment - Injury - Workers Compensation Act 1951 (No. 5601), s8(2)(b).

Landlord and tenant - Determination of fair rent - Whether Board should state reasons for decision - Landlord and Tenant Act 1948 (No. 5264), s16, s21.

Criminal law - Homicide - In preventing felony or apprehending felon - When justifiable - Shooting of intruder, stealing fowls - Adequacy of charge to jury - Manslaughter - Whether sentence excessive.

Limitation of actions - Application for leave to commence an action notwithstanding non-compliance with the Act re notice - Whether section can apply to a case in which the cause of action had already accrued before the passing of the Act - Limitation of Actions Act 1955 (No. 5914), s34(1).

Limitation of actions - No notice of intended action given by prospective plaintiff - Application for leave to commence action notwithstanding the failure to give the required notice - Whether application can be made in respect of action already commenced - Onus on plaintiff to prove absence of material prejudice - Limitation of Actions Act 1955 (No. 5914), s34.

Local government - By-law - Residential area being used for purposes of a business of a carrier - Activities directly associated with the business of a carrier conducted thereon - Whether infringement of the by-law.

Stamps - Registered co-operative society - Receipt issued by society registered under Industrial and Provident Societies Act 1928 (No. 3702) - Whether receipt exempted by Stamps Act 1946 (No. 5204), Third Schedule, PtII, paragraph 5 - Co-operation Act 1953 (No. 5769), s50. Statutory interpretation - Taxing Act containing exemption - Strict or liberal interpretation.

Health - Powers of entry and inspection of premises by health officer - Officer entitled to use reasonable force to enter premises - Extent of statutory protection of officers for their acts if performed bona fide - Undesirability of hearing informations for offences together even by consent - Health Act 1928 (No. 3754), s359, s360, s392.

Criminal law - Assault - Use of reasonable force in bona fide execution of duty to enter and inspect premises.

Landlord and tenant - Beneficiary in possession of house paying rates and effecting improvements - By arrangement with other beneficiaries - Letters of administration granted to non-occupying beneficiary - Possession allowed to continue - Whether occupant deemed to be lessee - Landlord and Tenant Act 1953 (No. 5760), s4(1).

Criminal law - Setting fire to goods in buildings - Ingredients of offence - Inadequacy of charge to jury - Crimes Act 1928 (No. 3664), s192.

Accession of title - Conversion - Accessories attached to motor vehicle - Whether property passes to owner of vehicle.

Divorce - Desertion, constructive - Requisites thereof - Intention to drive out spouse - May be inferred - Circumstances in which inferred.

Contract - Person not a party cannot sue - Stranger to consideration cannot take advantage of contract though made for his benefit - Intervention of equity - Necessary to shew one party holds benefit for another person - When covenant does not run with land - Statutory right to take benefit of covenant although not named as party - Right conferred only upon person identifiable and in existence when covenant made - Property Law Act 1928 (No. 3754), s56(1).

Equity - Building erected by mistake on another's land - No knowledge in owner of land - Action by owner to restrain trespass - No equity upon which builder could rely - Doctrine of unjust enrichment.

Local government - By-law prescribing residential area - Clause prohibiting use of part of residential for residential purposes - Invalidity of by-law - Whether invalid clause severable from rest of scheme - Test of severability to be applied - Local Government Act 1946 (No. 5203), s197(1)(xxxviii)(a).

Will - Construction - Gift to wife of whole estate - "At her death the residue to be equally divided between my nephews and nieces" - Widow takes whole estate - Gift over void.

Stamp Duty - Marketable securities - In computing value, provisions in articles restricting sale to be disregarded - Article restricting persons to whom shares may be transferred and fixing maximum sale price to be disregarded - Effect of provisions as to special classes of shares - Comptroller's opinion as to consideration - Whether binding on Court - Procedure - Taxpayer's right to begin - Taxpayer should first be informed of grounds to be relied on to support assessment - Stamps Act 1946 (No. 5204), s26, s33, Third Schedule.

Tramways - Certiorari - Jurisdiction of Melbourne and Metropolitan Tramways Appeal Board - Meaning of "punishment" - Whether the Court has power to inquire whether the Appeal Board had jurisdiction - Melbourne and Metropolitan Tramways Act 1928 (No. 3732), s17 - Melbourne and Metropolitan Tramways Act 1930 (No. 3902), s2.

Administration and probate - Public Trustee - Probate of will in common form granted to Public Trustee - Parties compromising matters in issue - Whether propounder protected by order granting probate in solemn form against persons not represented at present hearing and not parties to the compromise - Duty of the propounder in proving the will in solemn form if opposition is withdrawn as a result of a compromise - No duty to call all available evidence for and against will - Whether the Court is under a duty to make its own investigation when an application is made to it for a grant of probate in solemn form.

Procedure - Divorce - Application for permanent maintenance - Appeal from Master - A rehearing - Material for judge - Rules of the Supreme Court, Ch. II, r86.

Medical - Decision of Medical Board refusing application for registration - Appeal therefrom to the Court - Appeal to be in the form of a rehearing - Medical or surgical knowledge experience and skill - "International standing" - "Special value to the people of Victoria" - Medical Act 1928 (No. 3730) - Medical Act 1933 (No. 4131), s9(2) - Medical (Registration) Act 1956 (No. 5965), s2.

Will - Devise of property subject to payment of one half of the value of the property - Whether the gift of one half of the value of the property was a bequest of property - Wills Act 1928 (No. 3803), s31 - Wills (Amendment) Act 1947 (No. 5213), s2.

Contract - Certificate of designated person to be conclusive evidence of matter stated - Construction - One party authorized to take certain steps - If other fails to carry on contract to satisfaction of former - Function judicial or quasi-judicial - Party liable to be prejudicially affected entitled to be heard

Probate Duty - Payment of "too little duty" - Necessity for fresh statement - Whether Court will order fresh statement - Valuation of property agreed between executors and Commissioner - Approval of statement - Certificate of "final balance" - Additional assessment - Based on higher valuation - Power of Commissioner to issue - Agreed valuation final and conclusive - Administration and Probate Act 1928 (No. 3632), s148, s152, s153, s157, s158, s165, s172 - Administration and Probate (Estates) Act 1951 (No. 5590), s8, s13.

Husband and wife - Maintenance - Venue - Subject-matter of complaint - Arises where wife living - Maintenance Act 1928 (No. 3722), s4.

Justices - Criminal law - Autrefois acquit - Dismissal of earlier information as basis for plea - Whether bar to subsequent information - Certificate of dismissal - Dismissal on Merits - Granted only after a hearing - Power to inquire into validity - Justices Act 1928 (No. 3708), s88(14), s88(17). - Justices Act 1957 (No. 6082), s91(14), s91(17).

Trade name - Use of same name by two companies - Action for injunction - Because public confused - Necessary to prove tangible probability of deception - And probability of damage to property - Whether fraud in taking name proved - What amounts to fraud.