Crown lands - Evidence - Forests - Offences - Doing act without licence - Mens rea - Defence of honest mistake on reasonable grounds - Defence available - Onus on defendant - Must have addressed mind to matter - Forests Act 1957 (No. 6073), s95(h).

Transport Regulation - Commercial Goods Vehicle - Meaning of "public highway" - Road not dedicated to the public - Principal use by limited class of public only - Commercial Goods Vehicles Act 1955 (No. 5931), s2, s18.

Maintenance - Order made in England - Registered in Supreme Court of Victoria under Maintenance Act 1928, PtV - Proceedings in Victoria in respect of arrears - Nature of proceedings under Maintenance Act 1928, s86 - Maintenance and Alimony (Imprisonment) Act 1935 (No. 4314), s8, s9 and s11 - Imprisonment of Fraudulent Debtors Act 1928 (No. 3700).

Contract - Construction - Terms contract of sale - Of premises, plant, stock and goodwill of private hospital - Whether entire contract - When property in chattels passes - Consumables - Goods Act 1928 (No. 3694), s22(2).

Police offences - "Public place" within the meaning of s72(9) of the Police Offences Act 1928 - Whether the ground floor of large emporium is a "public place" - Police Offences Act 1928 (No. 3749), s27, s72(9) - Police Offences Act 1957 (No. 6069), s29(n), s72(1)(i).

Negligence - Carrier of passengers for reward - Extent of obligation to see that carried safely - Apportionment of liability between tort-feasors - Criterion to be applied - Wrongs (Contributory Negligence) Act 1951 (No. 5594), s3 - Wrongs (Tort-feasors) Act 1949 (No. 5382), s2.

Local government - Rating - Occupation of property - Being part of larger hereditament - Owner residing on premises - Tests to be applied - Rateable value of part - Valuation of whole relevant - Action for penalties for acting as councillor when disqualified - Limitation of actions - Whether statutory notice must be given - Local Government Act 1946 (No. 5203), s51, s52, s56 - Limitation of Actions Act 1955 (No. 5914), s34.

Justices - Witnesses ordered out of Court - Prosecutor - Witness excluded from order - No other suitable prosecutor available - "Special circumstances" - Justices Act 1957 (No. 6082), s91(11).

Police offences - Obscene publications - Statutory definition of "obscene" - Interpretation - "Unduly emphasizing matters of sex" - Admissibility of oral evidence - Police Offences Act 1928 (No. 3749) as amended, s169, s171; Police Offences Act 1957 (No. 6069), s164, s166.

Licensing - Offences - Unregistered club - Club's liquor handed by barman to member - Whether a "supply" of liquor - Licensing Act 1928 (No. 3717), s265(1).

Contract - Promise by plaintiff to allow defendant to withhold payment of a debt for a limited time - Breach of covenant by the plaintiff - Whether defendant can rely on breach of contract as a defence in an action brought by the plaintiff against the defendant for the debt or must rely on a cross-action claiming damages - Whether cross-action can be brought if contract unsupported by consideration.

Negligence - Vicarious liability - Distinction between "personal" liability and the vicarious liability of an employer - Whether trial judge should draw jury's attention to such distinction in his charge - Whether trial judge in charging the jury on "reasonable care" must refer to a duty to guard against inadvertence and inattention on the part of the employee - Whether s7 of the Juries Act 1956 applies to the class of person referred to in s9 of the Act - "Accident insurance" - Juries Act 1956 (No. 5995), s4, s7, s8(1).

Practice - Application for an order dismissing plaintiff's action for failure to comply with an order to deliver further and better particulars of statement of claim and for an order that the defendant be at liberty to enter final judgment on its counter-claim in default of defence - Relief asked for was sought upon summons - Appropriate form of order to be made on application to dismiss plaintiff's action - Whether judgment of the Court only obtained in motion for judgment and not by summons - Rules of the Supreme Court 1938, O.19, r7 - O.27, r11 - O.32, r6.

Motor car - Vehicles and traffic - Vehicle carrying excessive load in one axle thereof - Penalty "of not more than 100 pounds together with an additional penalty where the offence consists of carrying an excess of weight upon any one axle..." - Additional penalty - Motor Car Act 1951 (No. 5616), s32(1)(8) - Motor Car Act 1957 (No. 6154), s10(c), s10(f).

Licensing - Justices - Trifling offence - Failure to have bar door shut and locked during prohibited hours - Whether proved offence can be treated as trivial - Onus on defendant - Matters to be considered - Licensing Act 1928 (No. 3717), s206 - Licensing (Amendment) Act 1953 (No. 5767), s26 - Justices Act 1957 (No. 6082), s75.

Divorce - Private International Law - Formal validity of marriage - Jewish marriage - Marriage valid according to the Jewish religious law - Marriage not valid according to the law of the place of celebration - Whether compliance with the law of the place of celebration impossible - Whether subjective test of intention applied to determine whether the parties are subject to the law of the place of celebration.

Evidence - Adverse witness.

Criminal law - Defence of post-traumatic automatism - Not necessarily a defence of insanity - Ultimate onus on Crown - Defence available on dangerous driving charge - Crimes Act 1957 (No. 6103), s318, s420.

Limitation of actions - Failure to give statutory notice - Whether occasioned by "mistake" - Or any "reasonable cause" - Limitation of Actions Act 1955 (No. 5914), s34.

Sale of land - Fraudulent representations inducing purchasers to enter into contract - Contract affirmed - Rescission by vendor - Basis of assessing damages for deceit - "Deficiency in price" upon re-sale and "expenses thereof" - Deposit to be brought into account - No right to recover "expenses" where surplus - Discretion to order return of deposit - Whether court may order return of portion of deposit - Transfer of Land Act 1954 (No. 5842), Table "A"; Property Law Act 1928 (No. 3754), s49(2).

Married Woman's property - Husband and wife - Partition - Land registered in joint names of husband and wife and acquired by husband's funds - Improvements on land at expense of husband - Presumption of advancement - Burden on husband to rebut presumption - Extent of jurisdiction and discretion of Court under Marriage (Property) Act 1956 (No. 00), s7 - Discretion of Court to be exercised in accordance with accepted legal principles applicable to determination of proprietary rights.

Shipping - Stevedoring - Duty to effectively rail off or light openings in decks of holds - Breach of statutory duty - Commonwealth Navigation (Loading and Unloading) Regulations, reg37 - Commonwealth Navigation Act 1912-1956.

Tort - Invitor and invitee - Rule in Indermaur v Dames - Invitee's negligence - Not a bar to claim - Apportionment applicable - Unusual danger - Reasonable care to prevent harm - Wrongs (Contributory Negligence) Act 1951 (No. 5594), s3.

Statutory duty - Cast on shipowner by regulation - To rail off or light "openings in decks of holds" - Person injured by fall - Whether breach of duty - Whether a right of action - Commonwealth Navigation (Loading and Unloading) Regulations, reg37 - Commonwealth Navigation Act 1912-1956.

Negligence - Master and servant - Servant injured on employer's premises in course of employment - Dangerous conditions of work - Acceptance of risk - Volenti non fit injuria.

Tort-feasors - Contribution - Time limit on commencing proceedings - Wrongs (Tort-feasors) Act 1949 (No. 5382), s2(4).

Bigamy - Proof of valid marriage - No evidence that celebrant authorized under Marriage Act to celebrate marriages - Certificate of Marriage prima facie evidence - Marriage Act 1928 (No. 3726), s4, s26, s28, s38 and Fourth Schedule; Registration of Births, Deaths and Marriages Act 1928 (No. 3764), s31, s50.

Criminal Law - Sentence - Imprisonment - Minimum term before offender eligible for parole - Crimes Act 1957 (No. 6103), s530.

Divorce - Condonation - In case of desertion - After statutory period - Bar to decree - Commonwealth Matrimonial Causes Act 1945 (No. 22 of 1945), s10, s11 - Marriage Act 1928 (No. 3726), s64, s65, s76, s77, s81, s83, s84, s115(2) - Matrimonial Causes Act 1857 (England) (20 and 21 Vict., c.85), s16, s17, s21, s27, s29, s30, s31 - Matrimonial Causes Act 1899 (NSW) (No. 14 of 1899), s12, s13, s14, s15, s16, s17, s18, s19, s20, s31, s34.

Divorce - Evidence - Affidavit - Declaration made in Poland in accordance with Polish law - Polish law not recognizing affidavit - Admissibility of declaration under Evidence Act 1946 (No. 5183), s3 - Evidence Act 1958 (No. 6246), s55 - Marriage Act 1928 (No. 3726), s120 - Marriage Act 1938 (No. 4566), s2 - Marriage Act 1958 (No. 6306), s117.

Practice - Trial of action - Claim for damages for negligence before jury - Admission by defendant of negligence - Allegation of contributory negligence - Right to commence.

Husband and wife - Contract - Promise by husband that if wife would return to him, he would transfer title to real property to their joint names - Consideration - Sufficient note or memorandum - Affidavit filed in proceedings containing sufficient note or memorandum - Statute of Frauds - Instruments Act 1928 (No. 3706), s128 - Instruments Act 1958 (No. 6279), s126.

Criminal law - Failure of accused's wife to give evidence - Whether commented on in cross-examination - Purpose and intention of cross-examination irrelevant - Crimes Act 1957 (No. 6103), s399 - Crimes Act 1958 (No. 6231), s399.

Criminal law - Habeas corpus - No appeal lies to Full Court against order in chambers refusing writ of habeas corpus - Supreme Court Act 1928 (No. 3783), s41 - Supreme Court Act 1958 (No.6387), s41.

Hawker and pedler - Sale of goods as agent - Whether licence required - Hawkers and Pedlers Act 1928, s3, s4, s5 - Hawkers and Pedlers Act 1958 (No. 6269), s3, s4, s5.

Infants - Private International Law - Custody and maintenance - Adoption - Recognition of adoption order made in New Zealand - Marriage Act 1928 (No. 3726), s145 - Marriage Act 1958 (No. 6306), s142.

Criminal law - Application for leave to appeal - Ground not taken by applicant - But suggested by Crown - Court may entertain - Recall of Crown witnesses after defence case closed - Discretion in judge.

Health - Adulterated food - Food not complying with standard prescribed - Milk - Description in Regulations - Whether definition - Health Act 1956 (No. 6024), s238, s240, s289 - Health Act 1958 (No. 6270), s238, s240, s289.

Justices - Criminal law - Driving while under influence of intoxicating liquor - Hearing in petty sessions - Whether defendant may object to venue - Crimes Act 1957 (No. 6103), s319(1), s321; Crimes Act 1958 (No. 6231), s319(1); Justices Act 1957 (No. 6082), s89 - Justices Act 1958 (No. 6282), s89.

Road Traffic - Offence of exceeding speed limit - Onus of proof - 70 to 75 m.p.h. not necessarily dangerous - Reading on an untested speedometer may be evidence - Road Traffic Regulations 1958, reg1001 - Road Traffic Act 1935 (No. 4352).

Criminal law - Driving under influence of intoxicating liquor - Admissibility of evidence - Co-ordination tests - Alcoholic content of blood 40 minutes after alleged offence - Power to dismiss information on ground that no case to answer - Crimes Act 1957 (No. 6103), s319(1), s408.

Easement - Right of way - Not created by deed - Agreement for right of way - Whether creates easement or confers revocable licence - Intention.

Malicious prosecution - Plaintiff acquitted of assault in prior proceeding - Whether defendant can challenge verdict in prior proceeding - Reasonable and probable cause for prosecution - General verdict or special verdict.

Costs - Action for damages for assault and malicious prosecution - Verdict for plaintiff - Contemptuous award of damages by jury - Discretion of trial judge as to costs - Justices Act 1957, s68(1) - Rules of Supreme Court, O.LVX, r1, r2 and r12

Landlord and tenant - Nature of tenancy - Length of notice to quit - Non- payment of rent - Necessity of common law demand - Relative hardship - Landlord and Tenant Act 1948 (No. 5264), s38(2) - Landlord and Tenant Act 1958 (No. 6285), s83(2) - Supreme Court Act 1928, s127.

Licensing - Declaring premises to be a house or place used for the sale of liquor without a licence authorizing such sale - Initiation of proceedings - Procedure - Cross-examination of applicant - Licensing Act 1928 (No. 3717), s54; Police Offences Act 1928 (No. 3749), s130, s131, s132, s133, s134, s135, s136, s137, s138, s139, s140, s141.

Criminal law - Misprision of felony - Offence not obsolete - Elements of offence- What amounts to sufficient concealment.

Private International Law - Service out of the jurisdiction - Setting aside order granting leave to serve - Rules of the Supreme Court, O.XI, r1, r2.

Damages - Action for loss of profits whilst profit-earning vehicle being repaired - Whether deduction to be made in judgment for estimated taxation - Whether judgment taxable - Commonwealth Income Tax and Social Contribution Assessment Act 1936-1950, s6, s26(j).

Licensing Act 1928 - Licence forfeited ipso facto on conviction for third offence - "Third offence" - "Second offence" - Wrongful order to close licensed premises given by police - Action for misfeasance in public office - Entry by "authorized member of the police force" - Trespass - Exemplary damages - Licensing Act 1928 (No. 3717), s177, s202 - Licensing Act 1958 (No. 6293), s170, s195.

Criminal law - Practice - Presentment charging more than one count - Verdict on all counts not required as matter of law - Verdict on some counts not vitiated if no verdict on remaining counts - Unlawfully and maliciously wounding - Maliciously causing grievous bodily harm - Assault occasioning actual bodily harm - Both charges based on same assault - If verdict on major offence, jury should be discharged from returning verdict-on lesser crime - "Grievous bodily harm" - Crimes Act 1957 (No. 6103), s17, s37.

Local government - Residential by-law - Parking of commercial vehicles in residential area - Use land in residential area for business purposes - Local Government Act 1946 (No. 5203), s197(i)(xxxviii) - Local Government Act 1958 (No. 6299), s197(i)(xxxviii).

Criminal law - Practice - Persons jointly charged but separately tried - Disparity between sentences - Power in Full Court to vary sentence.

Police Offences - Indecent language - Within hearing of person in public place - Some person must actually hear - Resisting member of police force in execution of duty - Because defendant convicted for using indecent language, unnecessary for court of petty sessions to consider whether informant had reasonable belief that defendant had committed offence - Police Offences Act 1957 (No. 6069), s26, s189, s202(2) - Police Offences Act 1958 (No. 6337), s26, s189, s202(2).

Criminal law - Arson - Accomplice - Evidence of co-accused at trial implicating other accused - Warning to jury as to such evidence - Failure to give warning - Corroboration - No substantial miscarriage of justice - Application for separate trials - Discretion of trial judge - Crimes Act 1928 (No. 3664), s187 - Crimes Act 1949 (No. 5379), s2(1)(h) - Crimes Act 1957 (No. 6103), s197, s564 - Crimes Act 1958 (No. 6231), s197, s568.

Labour and Industry - Wages Board appointed in respect of firemen - Application for determination in respect of conditions of employment - Inconsistency with powers of Fire Brigades Board and Country Fire Authority under Fire Brigades Act 1928 and Country Fire Authority Act 1944 - Generalia specialibus non derogant - Fire Brigades Act 1928 (No. 3682), s3, s29, s31, s33, s34, s35, s36, s49, s50 - Fire Brigades (Borrowing and Salaries) Act 1948 (No. 5316), s4, s7, s34(2) - Fire Brigades (Long Service Leave) Act 1950 (No. 5517), s10 - Metropolitan Fire Brigades Act 1958 (No. 6315), s3, s25, s26, s27, s28, s29, s30, s31, s34, s35, s85 - Country Fire Authority Act 1944 (No. 5040), s17, s22, s28, s85 - Country Fire Authority Act 1958 (No. 6228), s17, s18, s20, s27, s110 Labour and Industry Act 1953 (No. 5771), s3, s20, s30, s39 - Labour and Industry Act 1958 (No. 6283), s3, s20, s30, s39.

Company law - Power of directors to fill vacancies among directors - Articles of Association - Appointment and removal of directors and managing director - Companies Act 1928 (No. 3659) Table A, Articles 78-86 - Companies Act 1938 (No. 4602) Table A, Articles 73-80.

Limitation of actions - Public authority - Notice before action - Defective notice - "Occasioned by mistake or by any reasonable cause" - Solicitor's inadvertence - Infancy of intended plaintiff - Limitation of Actions Act 1955 (No. 5914), s34 - Limitation of Actions Act 1958 (No. 6295), s34.

Local government - Councillor disqualified from sitting - Action for penalties - Plea of "Not guilty by Statute" - Onus of proof - Defendant to negative disqualification alleged - Whether "concerned in" contract, work to be done, or profit - "Under the authority of" the Council - Local Government Act 1946 (No. 5203), s53, s56 - Statute 21 Jac. 1, c.4, s4 - Local Government Act 1958 (No. 6299), s53, s56.

Local Government - Health - Trade - Offensive trade - Consent of council to establishment of trade - Night-soil depot - Sewerage authority - Melbourne and Metropolitan Board of Works - "Person" - Health Act 1956 (No. 6024), s50, s94, s95(1) - Health Act 1958 (No. 6270), s50, s94, s95(1) - Acts Interpretation Act 1928 (No. 3630), s16 - Acts Interpretation Act 1958 (No. 6189), s17.

Police offences - Obscene publications - "Obscene" - "Distributes" - "Unduly emphasizing matters of sex" - Distribution by importer and wholesaler - Police Offences Act 1957 (No. 6069), s164, s166(c) - Police Offences Act 1958 (No. 6337), s164, s166(c).

Administration and probate - Will - Incorporation for probate of document, a contract of sale, referred to in will.

Workers Compensation - "Worker" - Excludes person whose remuneration exceeds 2000 pounds a year - Onus upon employer to prove that remuneration exceeds 2000 pounds a year - Remuneration - Worker carting pulpwood under sub-contract to respondent - Evidence relevant to determine remuneration - Workers Compensation Act 1951 (No. 5601), s3(1), s3(6) - Workers Compensation Act 1958 (No. 6419), s3(1)(6).

Hire of goods - Unascertained goods - Purpose known to owner - Nature of implied warranty as to fitness.

Customs - Importation of car - False statement in application - Forfeiture by Commonwealth - Dealings with car by innocent third parties in meantime - Commonwealth Customs Act 1901-57, s205, s229(i) and s277 - Goods Act 1928 (No. 3694), s17(1) - Goods Act 1958 (No. 6265), s17(1).

Bail - Application to judge of Supreme Court to fix lesser amount - Inherent power of Supreme Court to fix lesser amount than committing justices - Supreme Court Act 1928 (No. 3783), s15 - Supreme Court Act 1958 (No. 6387), s15; Justices Act 1957 (No. 6082), s33 - Justices Act 1958 (No. 6282), s33.

Dogs - Alsatian dog to be muzzled or on leash when not on premises of owner - "Premises" - Unfenced land owned by defendant and adjoining street - Dog Act 1936 (No. 4447), s3(2) - Dog Act 1958 (No. 6236), s9(2).

Justices - Power to adjourn information under Justices Act 1957, s92(6) - Information may be adjourned more than once - Justices Act 1957 (No. 6082), s92(6) - Justices Act 1958 (No. 6282), s92(6).

Practice - Specially endorsed writ - Claim for additional tax - "Penalty" within exception to O.III, r4(c) - Income Tax and Social Service Contribution - Additional tax for non-payment a penalty - Whether plaintiff entitled to enter judgment - Commonwealth Income Tax and Social Services Contribution Assessment Act 1936-1958, s207, s226(1)(2) - Rules of the Supreme Court, O.III, r4(c); O.XIV, r1(b).

Adoption of children - Infants - Domicil - Jurisdiction of Supreme Court to make adoption order in respect of child not domiciled within jurisdiction - Adoption of Children Act 1928 (No. 3605) - Adoption of Children Act 1958 (No. 6192).

Vendor and purchaser - Planning scheme - Subject land reserved thereunder for road-making purposes - Whether defect in title - Non-disclosure by vendors - Whether purchaser entitled to return of deposit - Town and Country Planning Act 1944 (No. 5043), s12 - Town and Country Planning Act 1954 (No. 5778), s3 - Town and Country Planning Act 1958 (No. 6396), s14 - Property Law Act 1928 (No. 3754), s49(2) - Property Law Act 1958 (No. 6344), s49(2).

Local government - Compulsory acquisition of land - Plans and specifications not prepared by council - Confirmation by minister - Whether confirmation validates non- compliance - Purpose of acquisition - Secondary purpose unauthorized - Local Government Act 1946 (No. 5203), s235, s236, s391(ii), s407, s408, s510, s511, s512, s513, s514, s515, s768 - Local Government Act 1958 (No. 6299), s236, s237, s393(ii), s408, s409, s511, s512, s513, s514, s515, s516, s799.

Stamp duty - Revenue - Sale of business to company - Allotment of shares by purchasers to trustee - Transfer of shares by trustee to vendor - No consideration from transferee to transferor - "Consideration in money or money's worth" - Admissibility of evidence extrinsic to instrument - Stamps Act 1946 (No. 5204), s24, s26, s58, Third Schedule, Heading IV(A)(b) - Stamps Act 1958 (No. 6375), s24, s26, s58, Third Schedule, Heading IV(A)(b).

Practice - Interrogatories - Failure to answer - Striking out defence for failure to answer - Whereabouts of defendant unknown - Subrogation - Insurance company conducting defence - Statement by absent defendant - Rules of the Supreme Court, O.XXXI, r21 - Motor Car Act 1951 (No. 5616), s55 - Motor Car Act 1958 (No. 6325), s58.

Local Government - Municipal rates - Estimate - Estimate a condition precedent to making rate - Requirements of valid estimate - Estimated receipts may be less than estimated expenditure - Ultra vires expenditure does not necessarily invalidate estimate - "Such purposes" - "The several sums already available for such purposes" - Local Government Act 1946 (No. 5203), s267(1), s268(1), s435(1) - Local Government Act 1958 (No. 6299), s269(1), s270(1), s436.

Company law - Money lender - Liquidator - Non-compliance with s23 of Money Lenders Act 1938 - Contract unenforceable - Liquidator entitled to rely on non-compliance - Burden of proving compliance - Companies Act 1938 (No. 4602), s192(3) - Companies Act 1958 (No. 6455), s175(3) - Money Lenders Act 1938 (No. 4625), s23 - Money Lenders Act 1958 (No. 6324), s23.

Criminal law - Evidence - Unsworn evidence of girl not admissible in buggery charge - Adverse criticism of accused by juryman - Discretion of trial judge - Crimes Act 1957 (No. 6103), s403 - Crimes Act 1958 (No. 6231), s403.

Workers Compensation - Application by worker for continuance of weekly payments beyond the limit of 2800 pounds - Discretion of Board - Nature of discretion - Matter to be covered by exercise of discretion - Workers Compensation Act 1957 (No. 5601), s5, s9 - Workers Compensation Act 1958 (No. 6419), s5, s9, CL1(b)(iii).

Workers compensation - Application by worker for continuance of weekly payments beyond limit of 2800 pounds and for payment of medical expenses - Application made after payment of full 2800 pounds by employer - Power of Board to make order - Workers Compensation Act 1951 (No. 5601), s5, s9 - Workers Compensation Act 1958 (No. 6419), s5, s9.

Criminal law - Evidence - Admissibility of evidence - To prove identity - Similar facts - Instructions of Chief Commissioner of Police - Crimes Act 1958 (No. 6321), s568.

Police offences - Idle and disorderly person - Consorting with reputed thieves, etc. - Defendant required by court to give a good account of his means of support - Relevant time - Police Offences Act 1957 (No. 6069), s69(1)(d), s72, s78 - Police Offences Act 1958 (No. 6337), s69(1)(c), s72, s78 - Justices Act 1957 (No. 6082), s75, s88, s92 and s100 - Justices Act 1958 (No. 6282), s75, s88, s92, and s100.

Practice - Action - Costs - Whether jurisdiction to order third party to pay successful defendant's costs - Third party proceedings contingent on defendant's liability being established - Judgment for third parties not entered - "Bullock" order as to costs - No application where separate actions instituted - Rules of the Supreme Court, O.XVIA, r3, r10.

Landlord and Tenant - Prescribed premises - Premises "which are the property of any municipality..." exempted - Meaning of "the property of" - Restriction on rights of ownership - Right to lease premises - "Reasonable cause" why premises should not be given to complainant - Complaint sealed by corporation - Proof of signing by corporation - Railway Melbourne Lands Exchange Act 1888 (No. 1003), s2 - Landlord and Tenant Act 1928 (No. 3710), s69, s72 - Landlord and Tenant Act 1948 (No. 5264) - Landlord and Tenant (Amendment) Act 1955 (No. 5884), s2 - Landlord and Tenant Act 1958 (No. 6285), s3, s32, s33.

Real property - Restrictive covenant - Persons entitled to enforce restrictive covenant against covenantor - Restriction annexed to the land - Whether restriction annexed to the whole of the land transferred or to the whole and every part thereof - Building scheme, requirements of - Whether the restrictive covenant arises from a common building scheme and is enforceable by other lot holders within the scheme - Property Law Act 1958 (No. 6344), s84(2).

Criminal law - Murder - Manslaughter - Duty of person in loco parentis to young child - Meaning of acting in concert - Connivance at violence to young child - Omission of two accused to make statement or give evidence, not evidence of concert - Crimes Act 1957 (No. 6103), s399 - Crimes Act 1958 (No. 6231), s399.

Game - Informant - Who may lay information - Game Act 1928 (No. 3689), s24 - Game Act 1958 (No. 6258), s24.

Infant - Sale of shares owned by infant - Creation of trust - Inherent jurisdiction - "Application" - "Benefit" - Trustee Act 1953 (No. 5770), s55 - Trustee Act 1958 (No. 6401), s55.

Local government - Subdivision not in compliance with by-law and Uniform Building Regulations - Application to Building Regulations Committee to dispense with compliance - Jurisdiction of Committee - Sealing of plan of subdivision by council - Building Regulations Committee - Local Government Act 1946 (No. 5203), s568, s569, s891, s895, s897, s898, s901, 34th Schedule; Local Government (Building Regulation) Act 1956 (No. 5988), s2, s5(2) - Local Government (Amendment) Act 1957 (No. 6151), s10 - now Local Government Act 1958 (No. 6299), s569, s570, s917, s921, s923, s925, s926, s929, 33rd Schedule.

Criminal law - Confession by accused - Explanation in examination in chief - Cross examination - Prior conviction - Admissibility - Truth of falsity of explanation - Warning to jury as to prior convictions - Propensity - Discretion in trial judge - Crimes Act 1957 (No. 6103), s399(e) - Crimes Act 1958 (No. 6231), s399(e).

Administration and probate - Will - Construction - Substitutional gift "to his heirs" - Intestate succession - Whether heirs take as joint tenants - Administration and Probate Act 1928 (No. 3632), s50 - Administration and Probate Act 1958 (No. 6191), s56.

Will - Construction - Inaccurate recital in will - Recital that "of all my worldly estate the sum of 12,000 pounds has already been allotted and formed into the Alex. C Welsh trust..." - Allotment of 6000 pounds only in fact made - Whether gift of balance of 6000 pounds implied from recital.

Evidence - Action by executor for damages - Written statement by deceased to police after accident - Prosecution of defendant anticipated - Proceedings pending or anticipated - "Person interested" - Admissibility of statement - Evidence Act 1946 (No. 5183), s3 - Evidence Act 1958 (No. 6246), s55.

Police offences - Gaming - Using premises for purpose of betting - Bookkeeping and accounting for starting-price bookmaking business - Not such a user - Police Offences Act 1957 (No. 6069), s97(1)(a) - Police Offences Act 1958 (No. 6337), s97(1)(a).

Licensing - Sale of intoxicating liquor without a licence - Whether liquid sold was liquor within the meaning of the Act - Licensing Act 1928 (No. 3717), s3, s161, s243 - Licensing Act 1958 (No. 6293), s3, s154, s234.

Administration and probate - Option in partnership deed whereby deceased partner's interest purchased by surviving partner - Share in goodwill not shown as part of estate for duty purposes - Administration and Probate (Estates) Act 1951 (No. 5590), s4(1), s8(1) - Administration and Probate (Estates) Act 1955 (No. 5895), s6.

Administration and probate - Testator's family maintenance - Application by adult son - Adequate provision - PtV, Administration and Probate Act 1928 (No. 3632), s139 - PtIV, Administration and Probate Act 1958 (No. 6191), s91.

Administration probate - Administrator ad litem appointed in relation to actions against deceased estate - Application to dispense with administration bond - Supreme Court Act 1928 (No. 3783), s17 - Supreme Court Act 1958 (No. 6387), s17 - Administration and Probate Act 1928 (No. 3632), s51 - Administration and Probate Act 1958 (No. 6191), s57.

Will - Interpretation - "Nearest male heir."

Police offences - Indecent language - Within the hearing of person in public place - Actual person must in fact hear - Police Offences Act 1957 (No. 6069), s26(a) - Police Offences Act 1958 (No. 6337), s26(a).

Local government - By-law - Prohibition upon keeping dogs - In excess of stipulated number - Consent of council - Approval of Dog Racing Control Board of Victoria required - Substantial character of by-law - Prohibition or regulation - Severance of invalid portion - Local Government Act 1946 (No. 5203), s197, s232 - Local Government (Amendment) Act 1954 (No. 5843), s10 - Local Government Act 1958 (No. 6299), s197, s232 - Health Act 1928 (No. 3697), s80(j) - Health (Amendment) Act 1954 (No. 5823), s7 - Health Act 1958 (No. 6270), s93(j).

Local government - By-law - Prescribing as residential area the whole municipal district - Validity - Local Government Act 1928 (No. 3720), s197(5)(b) - Local Government Act 1946 (No. 3203), s197(1)(xxxviii)(a) - Local Government Act 1958 (No. 6299), s197(1)(xxxviii)(a).

Local government - By-law - Prescribing area within municipality as residential areas and business areas - Validity - Local Government Act 1946 (No. 5203), s197, s207, s232 and s901 - Local Government Act 1949 (No. 5443), s5 - Local Government Act 1958 (No. 6299), s197, s232, s929 - Health Act 1928 (No. 3697), s80(j), s94, s95 and s353 - Health Act 1958 (No. 6270), s93(j), s107, s108, s394.

Master and servant - Common law duty to provide safe system of work - Defence of delegation - Negligence - Independent contractor - Servant of independent contractor injured - Whether employer of independent contractor liable.

Elections - Offences - Gifts of books of matches - Printed thereon an invitation or exhortation to vote for candidate - "Bribery" - "Treating" - The Constitution Act Amendment Act 1956 (No. 6006), s241(1)(a), s244(1) - The Constitution Act Amendment Act 1958 (No. 6244), s241(1)(a), s244(1).

Practice - Court of general sessions - Prohibition - Certiorari - Excessive interference by chairman in cross-examination - Refusal by chairman to allow certain questions in cross-examination - Denial of natural justice - Justices Act 1957 (No. 6082), s164 - Justices Act 1958 (No. 6282), s164.

Damages - Appeal - Non-interference by appellate Court with jury's assessment of damages - Negligence - Special damages directly attributable to the injuries suffered - Claim for hospital expenses and loss of wages - Plaintiff underwent appendix operation not associated with his injuries - Time spent in hospital and time absent from work not increased by reason of the appendix operation - Whether plaintiff entitled to the whole of his hospital expenses and loss of wages.

Licensing - Victualler's licence held by company - Charge against nominee - Persons unlawfully upon premises - Whether nominee is a "licensee" - Onus of proof - Licensing Act 1928 (No. 3717), s3, s26, s96, s105, s119, s120, s122, s147, s178, s182, s187, s188; Licensing (Amendment) Act 1958 (No. 5767), s21, s23 - Licensing Act 1958 (No. 6293), s3, s27, s89, s98, s112, s113, s115, s140, s171, s175, s180, s181; Justices Act 1957 (No. 6082), s167, s168.

Criminal law - Fraudulent conversion of property or proceeds - Larceny - "Fraudulently" - Bailee - Crimes Act 1957 (No. 6103), s71, s73, s148 - Crimes Act 1958 (No. 6231), s71, s73, s148.