Will - Construction - "Issue" - Meaning - Onus of proof.

Private international law - Action against foreign personal representative - Cause of action in Victoria - Jurisdiction of Victorian court to entertain action - Rules of Supreme Court O.XVI, r11, r12 - Commonwealth Service and Execution of Process Act 1901-1958, s4(1), s13.

Criminal law - Arson - Unlawfully and maliciously setting fire to dwelling-house any person being therein - Knowledge by accused that person in house - "Maliciously" - Crimes Act 1958 (No. 6231), s197, s198.

Administration and probate - Application for grant of probate - Caveat - Lodged after order signed by Registrar and sealed with seal of court before issue - Administration and Probate Act 1958 (No. 6191), s12.

Water - Changes in flow caused by works constructed on neighbouring subdivision - Damage - Principle in Gibbons v Lenfestey - Inapplicable because town lands - Remedy - Deferment of injunction.

Practice - Costs - Judgment not exceeding one half of limit of County Court jurisdiction - County Court costs unless Court otherwise orders - No special order made - Judgment passed and entered - "Slip rule" - "Clerical mistakes and errors" - Real intention of trial judge - Rules of Supreme Court O.XXVIII, r11; O.LXV, r12 - County Court Act 1958 (No. 6230), s37.

Criminal law - Failure by Crown to call witness named on presentment - Reasonable cause for such failure - Power of trial judge to direct witness to be called - Direction to jury.

Land compensation - Settlement areas - Voluntary surrender - Compulsory acquisition - Compensation for improvements - Board of Land and Works - Discretion of Board - Matters to be considered in exercise of discretion - Unexaminable discretion - Liability for advances discharged by statute - Hearing - Valuation - Mandamus - Statutory mandamus - Declaration - Discretionary remedies - Auxiliary relief - Land Act 1915 (No. 2676) - Closer Settlement Acts 1928 (No. 3656), 1932 (No. 4091), 1938 (No. 4597), Land (Crown Leases Adjustment) Act 1936 (No. 4459) - Supreme Court Act 1928 (No. 3783) - Supreme Court Act 1958 (No. 6387) - North-West Mallee Settlement Areas Act 1948 (No. 5321).

Will - Construction - Bequest of shares in company - Conversion into stock units - Codicil dealing with any rearrangement of capital - Holding of stock units doubled as result of issue of bonus shares - Whether legatees take stock units - Whether they also take further stock units as representing bonus shares.

Police offences - Common gaming house - Acting in conduct of - Prerequisites to laying information - Not necessary to carry out all directions in warrant - Using house for purpose of money being received, etc. - Money need not be received at house - But must be association between premises and receipt of money - Police Offences Act 1957 (No. 6069), s97(1), s125(c), s126(1), s126(2) - Police Offences Act 1958 (No. 6337), s97(1), s125(c), s126(1), s126(2).

Motor car - Compulsory insurance - Woman owner and her husband injured while passengers - Action for damages by husband against driver - Extent of liability of insurer - Subrogation - Whether insurer can take over conduct and control of driver's defence - Motor Car Act 1951 (No. 5616), s39(1), s44(2)(b), s55 - Motor Car Act 1958 (No. 6325), s40(1), s58, s46(2)(b).

Railways - Statutes - Carriers of passengers - Damages against Commissioners for negligence - Limited by statute to maximum of 2000 pounds sterling - Amendment by increasing to 10,000 pounds - Action commenced before amendment, but tried thereafter - Railways Act 1928 (No. 3759), s205 - Railways (Amendment) Act 1955 (No. 5918), s15 - Railways Act 1958 (No. 6355), s201.

Practice - Motor car - Action for damages for negligence - Plea by defendant that defendant unlicensed driver learning to drive and plaintiff licensed driver seated beside him - "Such licensed driver shall be deemed to be driving such motor car" - Summons to strike out as not disclosing a defence - Motor Car Act 1951 (No. 5616), s22 (now Motor Car Act 1958 (No. 6325), s23).

Practice - Order dismissing action if further particulars not delivered within specified time - Application to set aside order - "Judgment by default" - RSC O.XXVII, r15, O.XXI, r16, O.LVIII, r1A(b).

Will - Execution of codicil referring to prior will - Revival of prior will - Evidence admissible in construing codicil - Wills Act 1958 (No. 6416), s20.

Criminal law - Appeal - Plea of guilty - Conviction - Circumstances in which appeal can be entertained - Incest.

Administration and probate - Renunciation of probate by executor - Deed of renunciation - Intermeddling by executor in the estate - Infant beneficiaries - Beneficiaries - Creditors.

Will - Construction - Gift - Condition restraining alienation - Non-charitable objects - Unincorporated association - Constitution thereof - Rule against perpetuities - Property Law Act 1928 (No. 3754), s131.

Will - Testamentary disposition - Present agreement for sale of shares held at death - Immediate, binding obligation - Power of revocation - Wills Act 1928 (No. 3803) - Wills Act 1958 (No.6416).

Motor car - Load of motor car not to exceed load capacity as "shown in the certificate of registration" - Certificate of registration - Statutes - Interpretation - Extraterritorial application - Motor Car Act 1958 (No. 6325), s6, s9, s10, s17, s18, s19, s20, s33, s91, s92, s93.

Criminal law - Practice - Verdict on three counts brought in by jury but not accepted by trial judge - Redirection and reconsideration of verdict - Conviction on first count in second verdict - Omission of leniency order on third count - Power of judge to redirect.

Criminal law - Insanity - Issue not raised by accused - No right of Crown to raise the issue - Confession - Made by accused when suffering from injury - Admissibility - Crimes Act 1958 (No. 6231), s420.

Police offences - Refreshment houses - "Suffers prostitutes to be assembled therein" - Purpose of assembly - Police Offences Act 1957 (No. 6069), s32 (now Police Offences Act 1958 (No. 6337), s32).

Fisheries - Offences - Having under control fish of less length than that permitted - Having under control certain fish during close season therefor - Offences limited to fish taken in Victorian waters - Fisheries Act 1928 (No. 3683), s41(1)(a), s42(1); Fisheries Act 1958 (No. 6252), s50(1)(a), s51(1).

Landlord and tenant - Complaint and summons - Service of original instead of true copy - No jurisdiction in court - Landlord and Tenant Act 1958 (No. 6285), s32(1).

Appeal - Housing Commission - Direction to demolish house - Appeal to petty sessions - Decision to be "final and conclusive" - No appeal by way of order to review to Supreme Court - Housing Act 1958 (No. 6275), s56(6)(b) - Justices Act 1958 (No. 6282), s155.

Landlord and tenant - Prescribed premises - Ground of notice to quit - That lessee "could without undue financial hardship" obtain premises - Omission in notice of word "financial" - Notice ineffective - Alleged particulars of ground- -Mere statement of proposed evidence - Defect in notice not cured thereby - Provision whereby lessor allowed to rely on ground not specified or particulars of which not given - Allowance must be specific - Landlord and Tenant Act 1958 (No. 6285), s82(6)(x), s86, s87(2).

Practice - County court - Judgment at trial in absence of defendant - Application to set aside judgment refused - Appeal from refusal - Principles applicable - County Court Rules, O.22, r11(b).

Landlord and tenant - Prescribed premises - Leased as "dwelling-house" - Use by tenant as poultry farm - Whether still prescribed premises - Landlord and Tenant Act 1958 (No. 6285), s43(1).

Landlord and tenant - Agreement to vacate prescribed premises - In consideration of payment of sum of money - Construction of agreement - Recital may be looked at - Meaning of "vacate" - Whether landlord liable - Sub-tenant left in possession of part - Tenant not entitled to whole or part of sum - Expiration of notice to quit given by landlord - "Statutory tenancy" - Capable of surrender by operation of law.

Criminal law - Bigamy - Absence of spouse for seven years - "Absent" - Desertion by accused irrelevant - Crimes Act 1958 (No. 6231), s64.

County court - Practice - Action in Supreme Court for 1000 pounds - Application for remission of action to county court - Applicant as to merits - Delay in making application - County Court Act 1958 (No. 6230), s57.

Costs - Defendant company dissolved after issue of writ but before trial - Plaintiff's solicitors not informed by defendant's solicitors - Liability of defendant's solicitors for abortive costs.

Trust and trustee - Intention to create trust - Imperfect gift - Certainty of terms of trust - Funds on fixed deposit with bank - Receipt of income by depositor - Payment of principal on maturity of investment to named persons - Wills Act 1928 (No. 3803), Wills Act 1958 (No. 6416).

Damages - Plaintiff's remuneration prior to injury included his keep - Keep still provided during incapacity - Not recoverable.

Crown grant - Reservation of materials for public works - Nature of reservation - Non-exclusive profit a prendre - Powers of resumption of land - Land Act 1928 (No. 3709), s286 - Land Act 1958 (No. 6284), s331.

Administration and probate - Inclusion of property in estate for purposes of duty - Non-testamentary disposition of personal property situated outside Victoria - "Property" - Taxing powers in statutes - Administration and Probate Act 1958 (No. 6191), s104(1)(d)-s104(1).

Landlord and tenant - Prescribed premises - Tenant or lodger - Grant of licence by one joint tenant - Whether deemed a lease - Death of grantor - Whether licence terminated - Rights of other joint tenant if licence deemed a lease - Landlord and Tenant Act 1958 (No. 6285), s43(1), s46(1).

Practice - Joinder of defendants - Application by defendants so joined to set aside joinder - Scope of Order XVI, R11 - Joinder prejudicial to defendant joined - Correspondence privileged between original parties essential to defence of additional defendants - Exercise of discretion to stay action - O.XVI, r4, r7, r11; O.VIII.

Road traffic - Regulation prohibiting vehicle standing on a highway for purpose of displaying an advertisement - Power to make regulations with respect to the regulation and control of traffic - Matters incidental thereto - Validity of regulation - Road Traffic Regulations 1958 No. 1407(a)(ii); Road Traffic Act 1956 (No. 5983), s4 - Road Traffic Act 1958 (No. 6359), s4.

Licensing - Application for transfer of grocer's licence and spirit merchant's licence - Right of objecting ratepayers to appear - Licensing Act 1928 (No. 3717), s11, s12, s60, s66, s67, s89, s90, s98, s109, s261 - Licensing Act 1958 (No. 6293), s11, s12, s52, s58, s59, s82, s83, s91, s102, s251.

Practice - Wrongs Act action - Third-party notice - Application for leave to serve third-party notice outside jurisdiction - Rules of the Supreme Court, O.XI, r1 - Commonwealth Service and Execution of Process Act 1901-1958.

Bill of sale - Occupation of grantor to be set out therein - Meaning of "occupation" - Instruments Act 1958 (No. 6279), s35(2).

Private international law - Service of writ in South Australia - Jurisdiction - No appearance entered - Court moved by defendant to stay proceedings - Procedure permissible - Onus of proof - Degree of proof - Service and Execution of Process Act 1901-1953 (Com.), s11.

Landlord and tenant - "Prescribed premises" - Power to increase rent by notice - Applicable to premises let before certain date - After relevant date, portion of premises surrendered - Remainder leased at reduced rental - Notice ineffective - Landlord and Tenant Act 1955 (No. 5884), s7 - Landlord and Tenant Act 1958 (No. 6285), s66.

Will - Devise of income for life - Corpus includes shares - Declaration of dividends subsequent to death - Dividend payable out of profits of year of death - Whether dividends appropriated - Supreme Court Act 1928 (No. 3783), s73, s76 - Supreme Court Act 1958 (No. 6387), s73, s76.

Maintenance - Jurisdiction to make order - Either where wife deserted or left without means of support - No order if adequate means of support - Nature of wife's assets - "Accustomed condition in life" - "Financial position" of wife - Maintenance Act 1958 (No. 6300), s3, s5(1).

Probate duty - Valuation of estate - Shares - Stock units - Market price at date of death - Reduction - Value because of size of holding - Administration and Probate Act 1928 (No. 3632), s152, s157, s158 - Administration and Probate (Estates) Act 1951 (No. 5590), s7, s13 - Administration and Probate (Estates) Act 1955 (No. 5895), s6 - Administration and Probate Act 1958 (No. 6191), s107, s108, s113, s116.

Contract - Mistake - As to nature of document - Negligence in signing - "Non est factum".

Transport regulation - Offences - Operating otherwise than in accordance with licence and permit - Heavier penalties for second and subsequent offences - Previously convicted of operating unlicensed vehicle - Whether prior convictions - Commercial Goods Vehicles Act 1958 (No. 6222), s22(1), s22(2), s24.

Divorce - Desertion - Adultery of deserted spouse - Whether deserting spouse did not know of adultery - Sufficiency of evidence where deserter not heard of for years.

Local government - Application for building permit - Town and Country Planning Acts - Schemes made thereunder - Non-conforming user - Land in such use incorporated with other land - Whether user unlawful - Earlier scheme repealed and replaced by later scheme - Earlier scheme resorted to, to discover whether use unlawful.

Divorce - Adultery of petitioner - Whether decree should go - Discretionary bar- -'Accessory to the adultery' - Connivance - 'Wilful neglect or misconduct' - Marriage Act 1958 (No. 6306), s80, s81(1), s81(2).

Husband and wife - Judicial separation - Alimony pendente lite - Cannot be granted after decree - Time for appeal against decree unexpired - Application to Master for maintenance - No jurisdiction - Application may be made to judge - Marriage Act 1958 (No. 6306), s69, s93 - Rules of the Supreme Court, Ch. II, r116, r117, r118, r119, r120, r121, r122, r123.

Damages - Hospital expenses - Motor car accident case - Public hospital - Plaintiff admitted to intermediate ward - No inquiry as to plaintiff's 'income or property' - Hospitals and Charities Act 1948 (No. 5300), s70 - Hospitals and Charities Act 1956 (No. 5996), s3 - Hospitals and Charities Act 1958 (No. 6274), s70 - Hospital Benefits Act 1952 (No. 5662), s4(3)(a) - Hospital Benefits Act 1958 (No. 6273), s4(3)(a).

Limitation of actions - Leave to bring action - Where notice of action not given - No power to make order in action already commenced - Notice stating action would be brought - If legal advice favoured it - Notice sufficient - Limitation of Actions Act 1958 (No. 6295), s34.

Practice - Time - Whether time runs in long vacation for entry of appearance - Rules of the Supreme Court, O.LXIV, r4.

Pauper - Leave to proceed in forma pauperis - For purpose of appealing against order of petty sessions - Order nisi to review obtained - Application to dispauper - To set aside or discharge order nisi - Because of alleged deception - Even if deception, order nisi unassailable - Landlord and tenant - Premises not subject to controls - Common law notice to quit given and expired - Complaint and summons served - Premises declared 'prescribed premises' before hearing of complaint - No order of ejectment should be made - Landlord and Tenant Act 1958 (No. 6285), s43(2), s44(1), s82(1), s99.

Practice - Order to review - Order nisi to be obtained 'within one month' - Meaning of - Period expiring on a non-court day - Justices Act 1958 (No. 6282), s155 - Supreme Court Act 1958 (No. 6387), s52, s53, s133 - RSC O.LXIII, r2, r4, r5 and r7; O.LXIV, r3.

Criminal law - Charge of robbery in company with one B - Jury not satisfied as to B - Satisfied accused guilty of robbery with some other person - Amendment of presentment - Miscarriage of justice - Crimes Act 1958 (No. 6231), s120, s372.

Appeal - Bailment - Contract for cool storage of peas - Damages for deterioration in peas - Negligence - Onus of proof - Comparison with onus in res ipsa loquitur cases - Onus of proof of negligence in contracts for work and labour collateral to bailments.

Criminal law - Practice - Accused giving evidence - Where nature or conduct of defence such as to involve imputation on character of Crown witness - Contradiction of Crown witnesses - Whether jurisdiction to permit prosecution to question accused as to prior convictions - 'Involve' - Matters to consider in exercising jurisdiction - Crimes Act 1958 (No. 6231), s399(e)(ii).

Property law - Action for partition and sale - Old law title - Joinder of mortgagee - Unnecessary party - Co-owner not served - Service upon unnecessary party - Property Law Act 1958 (No. 6344), s228 - Companies Act 1958 (No. 6455), s252, s299.

Damages - Death of well-known cyclist in road accident - Claim by widow - Onus of proof as to cessation of or reduction in dependency - Large sum raised in newspapers appeal - Whether relevant in assessing damages - Wrongs Act 1928 (No. 3807), PtIII - Wrongs Act 1958 (No. 6420), PtIII.

Adoption - Consent of mother not signed 'in duplicate' - Copy of consent not delivered to mother - Offer to mother to pay hospital account if consent signed - Reality of consent - Revocation of consent - Discretion of court on application for adoption - Adoption of Children Act 1958 (No. 6192), s3, s4, s5, s6 and s12 - Adoption of Children Rules 1957, r9, r10, r11 and r27.

Married woman - Settlement - Power of appointment - Restraint on anticipation - Release of power - Intention of parties as to law applicable - Donee of power appointing herself as object of power - Donee past age of child bearing - Accelerating of distribution - As to presumption that woman is past child bearing - Property Law Act 1958 (No. 6344), s157(2).

Police offences - Obscene publications - 'Obscene' - Court directed to have regard to certain matters - Evidence - Court to read book for itself - Onus of proof as to matters depending on evidence - Objective test of obscenity - 'Justified' - 'Keeping' - Burden of proof of exemption - Police Offences Act 1958 (No. 6337), s164, s165, s180.

Licensing - Sale by employee of liquor outside licensing hours - Selling liquor without licence - 'Sale'of liquor by servant - Licensing Act 1928 (No. 3717), s160, s161, s177 - Licensing Act 1958 (No. 6293), s153, s154, s170.

Workers compensation - Inquiry by accident - Claim made outside statutory period - Death of possible witness - Whether employer prejudiced in defence - Evidence - Statement by deceased of symptoms and alleged action at earlier time - Inadmissible as hearsay - Workers Compensation Act 1951 (No. 5601), s41 - Workers Compensation Act 1958 (No. 6419), s41.

Workers compensation - Death of worker - Statements made by him as to illness at work - Admissibility in evidence before Board - Rules of evidence before Board - Hearsay - Res gestae - Workers Compensation Act 1951 (No. 5601), s54, s56 - Workers Compensation Act 1958 (No. 6419), s54, s56 - Evidence Act 1946 (No. 5183), s3 - Evidence Act 1958 (No. 6246), s55.

Workers compensation - Injury arising out of or in the course of employment - Worker injured while absent from work in long period between two periods of work - 'Ordinary recess' - Workers Compensation Act 1951 (No. 5601), s8(2)(a) - Workers Compensation Act 1958 (No. 6419), s8(2)(a).

Workers compensation - Action - Damages for personal injuries - Industrial accident - Weekly payments of compensation deductible from damages assessed - Even though loss of earnings not included in damages - Workers Compensation Act 1958 (No. 6419), s79(2).

Workers compensation - Death of worker - Female employee - 'Worker' includes female - Claim by defendant - Acts Interpretation Act 1958 (No. 6189), s17 - Workers Compensation Act 1951 (No. 5601), s9, CL1(a)(i) - Workers Compensation Act 1958 (No. 6419), s9, CL1(a)(i).

Practice - Order to review - Objection that order nisi obtained out of time - Objection taken at return of order nisi - Filing of documents - Handing affidavit to judge's associate in court or chambers - Justices Act 1958 (No. 6282), s155, s160 - RSC O.XXXVIII, r10(a), r15.

Practice - Defamation - Pleadings - Libel action - Articles in newspaper - Pleading should define whole or part complained of - Defamatory matter should appear on face of pleading or by annexure thereto - Statement of claim not to include publications not identified in indorsement on writ - All material facts not stated - Particulars not ordered - But pleading struck out with leave to amend - Tort alleged between two or more persons - Allegation of prior conspiracy to commit the tort adds nothing - Whether innuendoes must be identified with particular articles - Damages - Certainty and particularity in pleading required - Rules of the Supreme Court, O.III, r7; O.XIX, r4; O.XX, r2.

Will - Execution - Signature of testator to be at 'foot or end' - Will signed on first page - Further bequests on second page executed at same time - Wills Act 1958 (No. 6416), s7 and s8.

Action - Felony - Loss occasioned by felonious act of servant - Prosecution for felony pending - Stay of action for recovery of money allegedly feloniously obtained - Judgment summons adjourned - Rules of the Supreme Court, Order XIV.

Workers compensation - Injury - Sneeze not an 'injury' - Workers Compensation Act 1958 (No. 6419), s3, s56(3).

Landlord and tenant - Entry pending negotiation of lease - No lease entered into - Rent paid monthly in advance - Nature of tenancy - Length of notice to quit required - Premises not personally occupied by tenants - Whether actual occupier should be served with complaint and made a defendant - Landlord and Tenant Act 1958 (No. 6285), s32(1).

Workers compensation - Injury - Worker an insurance agent - No set hours and no fixed place of employment - Business and clerical work carried on in lounge of residence - Heart attack while at residence - 'Place of employment' - In attendance at place of employment - Ordinary recess - Workers Compensation Act 1958 (No. 6419), s8(2)(a), s8(3).

Trusts - 'Girls' Friendly Society' - Gift of land on trust for - Whether charitable trust - Whether gift to individual members.

Criminal law - Robbery under arms - Direction to jury - 'Reasonable doubt' - 'Substantial doubt' - Substantial miscarriage of justice - Crimes Act 1957, s564(i) (see now Crimes Act 1958 (No. 6231), s568(i)).

Criminal law - Obtaining money by false pretences - Representation made in certificate by chemist - Representation as to supply of medicine - Whether such representation is representation that medicine supplied had been lawfully obtained - Probative value of evidence as to good character - Comment by Crown on omission of accused to give evidence - Commonwealth National Health Act 1953-1955, s99 - Commonwealth Crimes Act 1914-1955, s29A - Crimes Act 1958 (No. 6231), s399.

Real property - Registered land - Settlement - Words of inheritance not used - Whether merely a life interest - Rule of equity unaffected by statutory power to convey legal estate without words of inheritance - Direction to divide - Effective as implied trust for sale - Trust property consisting of both real and personal estate - Rules as to conveyance of land unaffected.

Compromise - Action under Wrongs Act by widow for herself and infant child - Action settled for lump sum - Subject to approval of court - Repudiation by plaintiff - Validity of compromise - Wrongs Act 1928 (No. 3807), s16 - Wrongs Act 1958 (No. 6420), s17.

Workers compensation - Direct payment by employer of medical expenses - Payment to worker in respect of fares and chemist expenses - Whether worker has 'recovered compensation' in respect of such payments - Claim by employer for indemnity from third party - Workers Compensation Act 1958 (No. 6419), s26, s60, s62(a), s62(b) and s79.

Will - Settled land - Life estates followed by interests in perpetuity to charities in proceeds of conversion of estate - Whether land "limited to or in trust for any persons by way of succession" - Annuitants together constitute persons having powers of tenant for life - Liability for repairs to real estate during life estate - Improvements within Settled Land Act - Contrary intention in will - Powers of trustees to effect repairs - Notional property - Recovery by executors of duty payable in respect of notional property - "Contrary intention" in will - Settled Land Act 1958 (No. 6344), s3, s8, s9, s10, s16, s35, s87, s108, and Second Schedule - Administration and Probate Act 1958 (No. 6191), s104, s120 and s122.

Negligence - Nuisances - Damages - Sewerage seeping into plaintiff's land - Liability of a sewerage authority - Right to discharge sewage so as not to create nuisance - Negligence not necessary to create liability - Sewerage Districts Act 1928 (No. 3772), s120(c) - Sewerage Districts Act 1958 (No. 6368), s124(c).

Practice - Service of writ out of jurisdiction - "Necessary or proper party" - Discretion to grant or refuse under - Rules of the Supreme Court, O.XI, r1 - O.XII, r17.

Practice - Service of writ under Service and Execution of Process Act 1901-1958 (Com.) - No appearance by defendant - Application by defendant to have service set aside - Jurisdiction to hear application - Action to recover moneys payable under statute - "Contract" - Service and Execution of Process Act 1901-1958 (Com.), s4, s11 - Stamps Act 1958 (No. 6375), s17(3), s56.

Licensing - Unincorporated club - Declaring premises to be house or place used for sale of liquor without licence - Transactions on club premises - Between unincorporated club and members - Provisions inapplicable - Licensing Act 1958 (No. 6293), s48 - Police Offences Act 1958 (No. 6337), s133.

Customs - Importation of goods - Licence - Power to grant licence "subject to such terms and conditions" as the Minister approves - Condition not to dispose of goods for two years after importation - Validity of regulation - Validity of condition - Customs Act 1901-1957 (Com.), s50, s52, s56, s229 and s270 - Commonwealth Customs (Import Licensing) Regulations (Statutory Rules No. 163 of 1939), reg3, reg6, reg10 and reg11.

Licensing - Offences - Permitting liquor to be drunk on premises otherwise than during authorized hours - Defendant unaware that liquor being drunk - Licensing Act 1958 (No. 6293), s170(1).

Motor car - Motor car "constructed primarily to carry goods" - Motor Car Act 1958 (No. 6325), s33(2)(a)(ii).

Sale of goods - Motor car - Damages for breach of warranties - Implied warranty of merchantable quality - Sale of "car" a sale by description - Particular purpose of goods - Buyer asking for goods by description is sufficient to make known purpose - Buyer buying car with a view to resale - Reselling a purpose to which warranty applies - Goods Act 1958 (No. 6265), s19.

Solicitor - Application to strike off roll - "Misconduct" - Necessary to show solicitor personally implicated - Legal Profession Practice Act 1958 (No. 6291), s8, s15, s28, s32, s39, s40, s41, s42, s89.

Police offences - Common gaming house - Acting in conduct of - Prerequisite to laying information - Gaming warrant - Search warrant - Not necessary to execute warrant in daytime when no specific direction as to time of execution - Baccarat - Evidence of nature of unlawful game - Evidence of nature of baccarat as played when game first introduced into legislation not necessary - Police Offences Act 1958 (No. 6337), s126(1), s126(2), s125(b), s125(c) - Justices Act 1958 (No. 6282), s27(3), s78(b).

Justices - Offences - Incorrect date of offence in information - Date not amended - Dismissal otherwise than on merits - Plea of autrefois acquit - Whether plea available - Justices Act 1958 (No. 6282), s88(3), s200, s251.

Will - Condition subsequent - Forfeiture of interest if will contested - Testator's family maintenance - Application by legatee - Whether a proceeding "to contest" will - Whether condition valid - Public policy - Administration and Probate Act 1958 (No. 6191), PtIV.

Stamp duty - Agreement in writing to transfer shares - Stamping of document - Agreement between husband and wife - Purchaser to pay purchase price by appropriation to vendor of dividends on shares - Instrument voluntary or for other than "bona fide adequate pecuniary consideration" - Element of benefaction - Heading IX of the Third Schedule of Stamps Act 1958.

Courts - Powers of court of general sessions - Power to set aside or vary order previously made - Recording of order - Effect of adjournment of sessions - Justices Act 1958 (No. 6282), s13, s106, s142, s185, s187, s189, s192.

Criminal law - Application for leave to appeal against conviction - Affidavit evidence received - Court of general sessions has inherent power to adjourn hearing - Exercise of discretion - Crimes Act 1958 (No. 6231), s574(f); Rules of the Supreme Court, O.LVIII, r4.

Criminal law - Obtaining credit by false pretences - Meaning of "obtains credit" - Amendment of presentment - Whether proper - Crimes Act 1958 (No. 6231), s187(2), s372.

Arbitration - Summons for final judgment - Application for adjournment by defendant to give notice requiring submission to arbitration - Summons by defendant to stay proceedings pending submission to arbitration - Arbitration Act 1958 (No. 6200), s5 - Defendant entitled to ask for arbitration where he repudiates contract before action brought - Printed form of contract - Typewritten insertions - Contract - Construction.

Maintenance - Application for rehearing - Original order obtained ex parte - Discretion of magistrate to grant rehearing - Operative date of order made upon rehearing - Rehearing - Maintenance Act 1958 (No. 6300), s4(2), s5 - Justices Act 1958 (No. 6282), s69.

Lien - Artificer's lien - Motor car under hire-purchase agreement - Hirer in possession with owner's consent - Repairs affected - Thereafter hiring determined - Whether repairer has lien.

Local government - By-laws - Residential by-law - User of premises prior to by-law - Repeal of by-law - Substitution of further by-law - Effect of repeal - Local Government Act 1946 (No. 5203), s3, s4, s197(7), s223, s231 and s863 - Local Government Act 1958 (No. 6299), s3, s4, s197(7), s223, s231 and s891.

Local government - Rating - Claim for exemption - Land used for charitable purposes or in control of religious body - Charity to be considered by reference to objects in by-laws - Objects charitable in technical legal sense - Buildings used partly for social and residential purposes and in producing income - Local Government Act 1946 (No. 5203), s249(1)(b)(ix) - Local Government Act 1958 (No. 6299), s251(1)(b)(xi).

Adoption of children - Infants - Domicil - Jurisdiction of Victorian courts to make adoption orders when applicants not domiciled within jurisdiction - Adoption of Children Act 1958 (No. 6192), s4.