Adoption of children - Child already adopted - Second adoption order sought - Notwithstanding adopter's refusal of consent - Extent of court's power to dispense with consent - Adoption of Children Act 1958 (No. 6192), s5(3).

Arbitration - Reference by consent of parties out of court - Award - Application to set aside award - Whether time limit therefor - Jurisdiction to extend time to apply - Circumstances in which extension of time granted - Rules of the Supreme Court, O.LIX, r2.

Criminal law - Persons tried together - Disappearance during trial of one accused - Who had exercised right of challenge - Trial proceeded against other accused - Whether jury should have been discharged.

Will - Construction - "After payment of just debts, etc., to divide rest and residue amongst" named persons - Property already disposed of exonerated from liabilities - "Rest and residue" insufficient to satisfy liabilities - No provision for deficiency - Liabilities payable rateably out of property charged - Valuation of annuity - Assessing value of life interest in real estate - Administration and Probate Act 1928 (No. 3632), s34(2), s163 - Administration and Probate Act 1958 (No. 6191), s39(2), s121 - Estate Duty Assessment Act 1914-1953, s35 (Com.).

Companies - Winding up by court - Liquidator's accounts - Appointments of auditor - Practice to be followed - Companies Act 1938 (No. 4602), s195(3) - Companies Act 1958 (No. 6455), s178(2).

Mortgage - By deposit of title deeds - Torrens land - Bankruptcy of mortgagor - Disclaimer by official receiver of all interest in subject land - Purported sale by mortgagee - Purchaser not entitled to vesting order - Trustee Act 1958 (No. 6401), s51.

Partnership - Representing or knowingly suffering oneself to be represented as a partner - "Particular firm" - Conduct constituting a holding out - Payment of partnership debts constituting representation - Partnership Act 1928 (No. 3745), s18(1) - Partnership Act 1958 (No. 6330), s18(1).

Court of petty sessions - Jurisdiction - Complaint brought in "special" jurisdiction for money received - Ordinary jurisdiction - Justices Act 1958 (No. 6282), s3, s67, s68, s100, s102.

Transport regulation - Commercial goods vehicles - Interstate trade - Journey commenced with intention of carrying goods interstate - Journey determined whilst still in Victoria - Vehicle "used exclusively in the course of interstate trade commerce or intercourse" - Commercial Goods Vehicles Act 1958 (No. 6222), s4 and s22 - Commonwealth Constitution, s92.

Will - Interpretation - "His wife" at date of distribution not the same person - Township and parish - Land contained therein - Death of specific beneficiary - Fate of his share - Survivorship non-applicable - Not life estate - Expression "in the Township and Parish of Elphinstone" - Land included therein.

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 - Declaration not a bar to order for possession - Landlord and Tenant Act 1958 (No. 6285), s43(2), s44(1), s82(1).

Motor car - Road Traffic Regulations - Failing to yield right of way at intersection - Collision - No evidence as to manner or speed of approach of vehicles to intersection - Road Traffic Regulations 1960, reg601(2) and reg601(3).

Criminal law - Dangerous driving - Motor car - "Highway" - Drive-in theatre - Crimes Act 1958 (No. 6231), s318(1); Motor Car Act 1958 (No. 6325), s3(1).

Landlord and tenant - Prescribed premises - Determination of fair rent - Matters Boards to have regard to - Capital value - Method of ascertainment - Market value - Replacement cost - Landlord and Tenant Act 1958 (No. 6285), s64(1)(a)(2); Landlord and Tenant (Fair Rents) Act 1959 (No. 6599), s4(a).

Practice - Specially endorsed writ - Claim for unliquidated damages - Summons for final judgment - Damages not ascertained on hearing of summons - To be assessed at trial - Rules of the Supreme Court, O.III, r6; O.XIV, O.XXXVI, r3, r4, r5, r6, r7, r8, r9,

Landlord and tenant - Fair Rents Board - Determination - Valuer's report - Reports of officers of Board - Obligation to disclose contents - Quasi-judicial tribunal - Natural justice - Subject to principles of natural justice - Writ of prohibition - Landlord and Tenant Act 1958 (No. 6285), s45, s57, s58, s59, s60, s61, s62, s63, s64.

Motor car - Criminal law - Penalty - Licence disqualification for life - Power of court of general sessions where conviction under Crimes Act 1958 (No. 6231), s319 - Motor Car Act 1958 (No. 6325), s26.

Ports and harbours - Port rules - Offences - Order to review available - Driving at speed exceeding 5 m.p.h. within 400 yards of low-water mark on foreshore - Applicable only to seaward side of low-water mark - "Port of Port Phillip" - Regulation - Port rules - Void for uncertainty - Marine Act 1958 (No. 6302), s7, s8, s249; Port Rules, reg59(a); Justices Act 1958 (No. 6282), s155.

Damages - Personal injuries - Jury trial - High award and misdirection as to quantum - New trial ordered - Suggestion to jury of amount - Procedure for trial judge - Advantages of jury trial.

Jury - Duty of trial judge in charge - Questions of fact - Explanation of evidence in relation to issues raised - Comments as to facts - Misdirection - New trial limited as to liability - Rules of the Supreme Court, O.LVIII, r6 and r7.

Criminal law - Cross-examination of accused as to prior convictions and bad character - Imputations on character of witness for prosecution - Imputation of perjury against witness for prosecution - "Prosecutor" does not mean counsel for the Crown - "Nature or conduct of the defence" may include statements by defence counsel in final address - Recall of accused at close of case - Crimes Act 1958 (No. 6231), s399(e)(ii).

Gaming - Suffers gaming in premises - Premises - No necessity for gaming to be in same part where refreshments sold - Evidence of gaming words - "Suffers" constituted by combination of knowledge and allowance to continue - Police Offences Act 1958 (No. 6337), s32.

Administration and probate - Survival of actions in tort - Proceedings against estate of deceased person - To be taken within six months of grant of probate - "Took out representation" - Administration and Probate Act 1958 (No. 6191), s5, s12, s29(3).

Limitation of actions - Failure to give statutory notice - Application for leave to commence action - Whether failure occasioned by mistake or any reasonable cause - Unnecessary to show prima facie case of liability - Notice in writing of proposed application - Sufficiency of statement of grounds - Facts constituting reasonable cause - Limitation of Actions Act 1958 (No. 6295), s34.

Landlord and tenant - Control legislation - "Dwelling-house" - Premises which have ceased to be used for residential purposes to any substantial extent - Test as to cesser of use - Notice to quit - Notice altered by agent after signed by lessor - Whether notice valid - Lease for term of years of prescribed premises - No overholding clause - Whether tenancy from year to year - Landlord and Tenant Act 1958 (No. 6285), s43(1).

Licensing - Grocer's licence - Spirit merchant's licence - Objection by rival applicant - Adjournment of application pending change in law - Error - Prerogative writ - Mandamus - Legal specific right necessary in prosecutor - Futility a ground for denying writ of mandamus - Licensing Act 1958 (No. 6293), s82, s83(1), s85(1), s87(1), s91.

Covenant - Restrictive covenant - Construction - Covenant "not to erect more than one building" - One building containing separate flats - Property Law Act 1958 (No. 6344), s34.

Transport regulation - Commercial goods vehicle - Vehicle used "solely for the purpose of the carriage of certain goods" - "Carriage" - Purpose of journey - Commercial Goods Vehicle Act 1958 (No. 6222), s26, s27, s28, s29.

Husband and wife - Questions as to property - Matrimonial home - Spouses co-owners thereof - Wife left husband and children - Whether she could force sale of home - Marriage Act 1958 (No. 6306) s161.

Criminal law - Corroboration - False denials by accused - Whether they amount to corroboration - Evidence of wife of accomplice - May corroborate her husband's evidence.

Prerogative writ - Mandamus - Milk Board - Public duty to perform act an essential prerequisite of mandamus - Duty of public character to do something left undone as distinct from the undoing of an act already done - "Inquiry" - "May" not mandatory - Defining areas in which milk may be delivered - Milk Board Act 1958 (No. 6318), s23(1).

Club - Voluntary associations - Action by member against club - Whether action maintainable.

Barrister and solicitor - Application for admission - Rules of the Council of Legal Education - Requirement of applicant being a British subject - Power of Council to make rules as to "other qualifications of candidates" - Validity of rule - Legal Profession Practice Act 1958 (No. 6291), s14(2).

Will - Construction - "Moneys of my estate" - No provision for deficiency - "All specific legacies, devises and bequests hereunder shall be free of all duties" - Intended to apply to a sufficiency not a deficiency of moneys to meet death duties - "Specific" intended as specified - Exemption clause to apply to all dispositions save residuary legacies - Administration and Probate Act 1958 (No. 6191), PtII, Second Schedule, s39(2).

Crown - Liability in tort - Duty of care owed to prisoners in penal establishments - Gaols - Dangerous machinery - Crown Proceedings Act 1958 (No. 6232), s23(1)(b) - Labour and Industry Act 1958 (No. 6283), s174.

Criminal law - Verdict of guilty after trial by jury - Punishment - Principles upon which judge should act.

Contempt of court - Interference with sheriff - Writ of fi. fa. - Abortive auction sale of real property - Removal by another of structure on land.

Criminal law - Incest of stepdaughter - Proof of marriage - Admissions by accused - Cohabitation and general repute - Comments by trial judge on evidence - Evidence as to credit - Admissibility - Tending to show bias or partiality - Crimes Act 1958 (No. 6231), s48(1), s52(1), s53(2) and s569(2) - Evidence Act 1958 (No.6246), s35.

Husband and wife - Infants - Cost - Custody application - Whether successful applicant husband should pay wife's costs - Marriage Act 1958 (No. 6306), s142.

Motor car - Transport regulation - Log book recording particulars of journey - Necessity to record particulars of portion of journey in other States - Driving for continuous periods amounting in the aggregate to more than eleven hours in respect of a period of twenty-four hours - Time spent driving in other States to be included - "Continuous period" - Permitting an employee to drive for a continuous period amounting in the aggregate to more than eleven hours - Motor Car Act 1958 (No. 6325), s33A(1), s33A(8), s33(9)(a), s33(9)(b) - Motor Car (Hours of Driving) Act 1959 (No. 6533).

Administration and probate - Testator's family maintenance - Extension of time for making application - Bankruptcy of applicant - Financial stringency - Applicant's right to apply does not vest in official receiver - Administration and Probate Act 1958 (No. 6191), PtIV, s99.

Administration and probate - Will not forthcoming at death - Application to prove copy - Presumption of destruction animo revocandi - Presumption of law - Rebuttal - Dependent relative revocation.

Negligence - Finding of no contributory negligence - Whether issue estoppel - Plea of res judicata - Based on judgment given after issue of writ in which sought to raise plea - Wrongs Act 1958 (No. 6420), s16, s25, s26.

Divorce - Children of marriage - Welfare and education - Special circumstances that decree nisi become absolute - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s71(1).

Divorce - Statutory provisions as to wife's domicile - Proceedings pending at commencement of Act of 1959 - Application of Act - Children of marriage - Welfare and education - Special circumstances that decree nisi become absolute - Matrimonial Causes Act 1955 (No. 29 of 1955) (Com.), PtIIIA; Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s24, PtXIII, s71.

Divorce - Children of marriage - Welfare etc. - "Arrangements" - Special circumstances that decree nisi become absolute - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s71(1)(a).

Divorce - Pending proceedings - Maintenance order of petty sessions - Whether order ceases to have effect on decree absolute - Source of court's jurisdiction - Whether federal or State - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s8(4), PtXIII.

Divorce - Pending proceedings - Child of marriage - Custody - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s8(2), s71, PtXIII; Matrimonial Causes Rules 1960, PtXIV.

Divorce - Decree nisi before 1 February 1961 - Decree made absolute after that date - By operation of federal, not State, legislation - Ancillary relief - Whether leave of court necessary - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s23, s25, s110, s111, s112(1), s113(2) - Matrimonial Causes Rules 1960, r19, PtXIV.

Divorce - Transitional provisions - Prayer for dissolution of marriage - Whether can be amended to prayer for judicial separation - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s8(1)(a), PtXIII.

Divorce - Pending proceedings - Petition under Matrimonial Causes Act 1945-1955 (Com.) - Effect of repeal of Act - Australian domicile - Conflict of laws - Preferable to grant decree under 1959 Act - Matrimonial Causes Act 1945-1955 (Com.), PtIIIA; Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s4, s23, s110, s111, s112.

Divorce - Completed pending proceedings - Custody of child - Discharge of previous order - Procedure on application for custody - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s8(2), s87(1)(j); Matrimonial Causes Rules 1960, r195, r197, r199, r200, r201, Forms 4 and 5.

Divorce - Children of former marriage - Whether deemed to be children of marriage - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s6(1)(c), s6(2), s71.

Divorce - Pending proceedings - Petition under PtIII of 1945-1955 Act - Decree granted on basis of jurisdiction provided by 1959 Act - Adultery of petitioner- -Exercise of discretion - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s41, s112(4), s112(6); Matrimonial Causes Rules 1960, Form 35.

Divorce - Child of marriage - Welfare - Child over 16 years - Special circumstances - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s71.

Divorce - Respondent husband living in adultery - Illegitimate children of adulterous association - Wages inadequate to support wife and children and mistress and illegitimate children - Special circumstances - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s71(1)(a), s71(1)(b).

Divorce - Nullity - Pending proceedings - Dismissal of petition for nullity before grant of decree of dissolution - Court's power to investigate facts - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s28(c), s32, s42, s43.

Divorce - "Children of the marriage" - Illegitimate children of one party - Proper arrangements - Special circumstances - Pending proceedings - Evidence of non-access or illegitimacy - Whether Victorian statutory provision excluded - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s6(1)(c), s71(1)(a), s71(1)(b), s98, s99; Evidence Act 1958 (No. 6246)(Vic.), s31.

Workers compensation - Worker suffering from disease due to nature of his employment - Disease deemed personal injury arising out of or in the course of his employment - Disablement "treated as the happening of the injury" - Liability of insurance company to indemnify - Time of injury - Workers Compensation Act 1958 (No. 6419), s3, s12.

Ports and harbors - Melbourne Harbor Trust Commissioners - Regulations - Prohibiting use without licence on wharf, etc., of machinery for hoisting or conveying goods - Whether regulations valid - Whether they contravene s92 of Commonwealth Constitution - Vesting in Commissioners of exclusive management, etc., of port of Melbourne - "Improvement and management of the port" - "Generally for the carrying out of the objects and purposes of" the Act - Melbourne a public port - Limitations on Commissioners' powers - Melbourne Harbor Trust Act 1958 (No. 6312), s47, s136 - Commissioners' Regulations Nos 223-228 - Commonwealth Constitution 1900 (63 and 64 Vict., c.12, s9), s92.

Practice - Enforcement of orders - Writ of fieri facias - Leave of court to issue execution - Six years' arrears due - Recovery of 12 months' arrears - Applicability of Civil Rules to Divorce Rules - Rules of Supreme Court in Civil Proceedings, r3, r17, r22, r23, r24; Divorce Rules 1957, r159 - Supreme Court Act 1958 (No. 6387), s160; Marriage Act 1958 (No. 6306), s93(2), s125.

Criminal law - Murder - Intentional striking of blows likely to cause death or grievous bodily harm - No intention or desire to cause death or grievous bodily harm - Crimes Act 1958 (No. 6231), s584(a).

Police offences - Street betting - Aiding and abetting - Knowledge that principal offence being committed - Onus of proof - Satisfaction beyond reasonable doubt that one of two possible states of fact exists sufficient - Police Offences Act 1958 (No. 6337), s104(1)(a) - Justices Act 1958 (No. 6282), s77.

Will - Settled land - Widow permitted to reside on specified property - Trustees authorized to sell all or any part of property - Whether property held on trust for sale - Property "limited to or in trust for any persons by way of succession" - Liability for repairs to or rates of the property - Notional property - Recovery by executor of duty payable in respect of notional property - "Contrary intention" in will - Settled Land Act 1958 (No. 6367), s3, s8 and s9 - Property Law Act 1958 (No. 6344), s18, s32(4) - Administration and Probate Act 1958 (No. 6191), s10, s104, s111(d), s120 and s122.

Matrimonial causes - Pending proceedings - Application to amend prayer of petition - To include claim for custody - No jurisdiction to amend - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s8(2), s112(1), s112(2) - Matrimonial Causes Rules 1960, r197(2).

Matrimonial causes - Divorce - One spouse leaving matrimonial home - Conduct of other justifying leaving - Spouse remaining the deserting party - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s29.

Maintenance - Illegitimate child - Corroboration of mother's evidence "in some material particular" - False denials by putative father of material matters - Maintenance Act 1958 (No. 6300), s4(1)(b), s19.

Criminal law - Practice - Sentences - Persons jointly charged but sentenced by different courts - Inappropriate sentence - Duty of second court.

Administration and probate - Testator's family maintenance - Application for extension of time - Oversight by solicitor - "Final distribution" of estate - Distribution of land under Transfer of Land Act - Major portion of estate distributed - Administration and Probate Act 1958 (No. 6191), s99.

Maintenance - Complaint alleging wife has been deserted or left without means of support - Deserted wife with means of support at date of complaint - Means of support at hearing of complaint is relevant - Maintenance Act 1958 (No. 6300), s3, s4(1), s5(1).

Companies - Proposed arrangement between creditors - Power to restrain further proceedings in any action - Extent of power - Unfettered judicial discretion - Companies Act 1958 (No. 6455), s90(6).

Practice - Tort - Joint tortfeasors - Contribution between defendants - Form of order.

Animals - Dog - Complainant bitten - Whether trespasser - Liability of owner - Dog Act 1958 (No. 6236), s26.

Matrimonial causes - Divorce - Pending proceedings - Application to amend answer not claiming relief - To include claim for dissolution - No power in Court to amend - Ground maturing after petition instituted - Leave to file supplementary answer - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s8(2), s28(b), s111, s112 - Matrimonial Causes Rules 1960 (Com.), r98.

Matrimonial causes - Divorce - Pending proceedings - Application to amend petition to include ground (d) - Petition within three years of marriage - Whether institution of proceedings - Habitual cruelty - Meaning of ground - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s28(d), s43, s110, s112(2).

Matrimonial causes - Divorce - Children said to be over 16 - Need for accuracy - Effect of inaccuracy on effectiveness of decree absolute - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s46, s70, s71, s72, s73.

Local government - Evidence - Proof of presence of councillor at council meetings - Minute book of council meetings - Local Government Act 1958 (No. 6299), s195, s196, s874.

Matrimonial causes - Applications for custody - Obtaining welfare officer's report - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s85(2).

Contract - Agreement not to sell etc. certain products other than of the plaintiff "within a reasonable distance from my present place of business" - Uncertainty - Restraint of trade - Severance.

Criminal law - Legal aid for defence of person "committed for trial" - Application to be made within 14 days "after committal" - Poor Persons Legal Assistance Act 1958 (No. 6339), s3 - Justices Act 1958 (No. 6282), s37, s38, s60.

Criminal law - Application for new trial - On ground that applicant refrained from giving evidence because of threats or intimidation - Principles applicable - Warning to jury on evidence of accomplices - Sufficiency of corroboration - Necessity for proper warning.

Local government - Action for penalty - For acting as councillor while incapacitated under Act - Onus of proof on defendant - Sufficiency of evidence negativing disqualification - Whether defendant must negative disqualification not alleged in pleadings - Alleged contract between defendant and council - Effect, if ultra vires council - Local Government Act 1958 (No. 6299), s52, s54, s56; Limitation of Actions Act 1958 (No. 6295), s34.

Administration - Application for probate - Doubts as to due execution of will - Application for administration by sole next of kin - Consent of executor.

Adoption - Revocation of adoption order - Adoptee now an adult - To enable marriage to daughter of adopting parents - Adoption of Children Act 1958 (No. 6192), s14(1).

Will - Tenant for life - Remaindermen - Income accumulating during administration of estate - Distribution as between tenant for life and remaindermen - Rule in Re Earl of Chesterfield's Trusts - Rate of interest appropriate in application of the rule.

Appeal - New trial - Discretion of trial judge to order new trial - Appeal from trial judge's discretion - Verdict of jury against the weight of evidence - New trial ordered without jury - County Court Act 1958 (No. 6230), s67, s73(3).

Negligence - Act of defendant causing injury to plaintiff predisposing him to death - Death due to subsequent event or illness - Liability of defendant.

Will - Protective trusts - Principal beneficiary past child-bearing - Application for payment of fund - Principles upon which jurisdiction exercised - Rights of possible future persons not to be interfered with - Trustee Act 1928 (No. 3792), s34 - Trustee Act 1958 (No. 6401), s39.

Motor Car Act - Regulation requiring lamps to be affixed to "every trailer or other vehicle" - Caravan - Power to make regulations with respect to "the use of motor cars...and the conditions under which cars may be used" - Motor Car Act 1958 (No. 6325), s3, s93 - Motor Car Regulations 1952, reg120, reg160.

Game - Native game - Lawfully acquired in South Australia - Purchased for resale in Victoria - Whether defence to charge under Game Act 1958 (No. 6258), s9(2); s26, s41 - Commonwealth of Australia Constitution Act, s92, s118.

Limitation of actions - Notice of action - Public authority - Whether leave to bring action notwithstanding failure to give notice - Mistake - Mistake of law - Ignorance of requirement to give notice - Limitation of Actions Act 1958 (No. 6295), s34(1) and s34(4).

Transport regulation - Commercial goods vehicles - Combined operation of two separate vehicles exceeding range of fifty miles - Transfer of goods from one vehicle to another - "Combined operation" - Commercial Goods Vehicles Act 1958 (No. 6222), s5(f), s20, s22(2).

Justices Act - Prosecution to be "instituted" within specified time - Institution of proceedings - Laying of information - Health Act 1958 (No. 6270), s238, s295 - Justices Act 1958 (No. 6282), s18(1), s18(2), s95(5) - Business Names Act 1958 (No. 6212), s4, s5, s6, s16 and s17.

Damages - Loss of earnings - Earnings derived from illegal employment or activity - No compensation therefor - Public policy.

Divorce - Constructive desertion - Persistent and unjustified refusal of sexual intercourse - Causing other spouse to live separately or apart - Intention to cause other spouse to live separately or apart not necessary - Matrimonial Causes Act 1959 (Com.), s29.

Matrimonial causes - Welfare officer - Must be appointed in accordance with formalities stipulated - Infant children - Competing applications for custody - Considerations applicable - Matrimonial Causes Act 1959 (Com.), s5, s85(1), s85(2), s85(3).

Police offences - Offensive behaviour in a public place - Looking through hole of closed cubicle in public convenience - Conduct observable only by taking unusual or abnormal action - Police Offences Act 1958 (No. 6337), s27.

Will - Trustees - Commission on capital of estate "upon the realization collection and conversion thereof" - Date at which calculated - Commission on annual income of estate - Whether borne by residuary estate or annual income - Special power of appointment - Rule against perpetuities - Property Land Act 1958 (No. 6344), s158.

Landlord and tenant - Prescribed premises - Fair Rents Board - "Capital value" - Whether as controlled or uncontrolled premises - Ascertainment of capital value - Valuation made by officer of board - Officer called as witness - Party calling cannot cross-examine - Appeal from board - Magistrates - Desirability of giving reasons for decisions - Appeals therefrom - Limits to use to be made of magistrate's affidavits.

Trust and trustee - Charitable trust fund - Variation of powers of investment by the court - Extent of power to invest generally in ordinary shares subject to certain restrictions - Trustee Act 1958 (No. 6401), s63.

Landlord and tenant - Apartment-house - Whether "dwelling-house" or "business premises" - Complaint and summons - Proceedings thereon - Landlord and Tenant Act 1958 (No. 6285), s32, s43(1), s49.

Criminal law - Self-defence - Reasonableness of acts conditioned by magnitude of threats - Defence of insanity - Evidence accused knew nature and quality of his act - Issue to be left to the jury.

Settlement - Lesser amount claimed by solicitor - Claim settled - Fresh summons for full amount - Same cause of action - Mistake - Extent to which party bound by acts of solicitor - Extent of authority - Estoppel - Res judicata.

Matrimonial causes - Maintenance pending suit - Assessment by registrar - Reference to court - Judge unfettered by registrar's decision - Principles applicable - Purpose of maintenance pending suit - Matrimonial Causes Act 1959 (Com.), s84(2) - Matrimonial Causes Rules 1960, r204, r206, r212.

Will - Gift of income to named persons or the survivor or survivors of them - Gift of corpus to named persons "or the survivor or survivors of them in equal shares" - Rule in Browne v Kenyon (Lord).

Matrimonial causes - Custody, etc., of children - Report of welfare officer - Use to be made thereof - Special circumstances that decree nisi become absolute - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s71(1)(a), s71(1)(b), s85(2).

Practice - Order by master granting plaintiff leave to sue in forma pauperis - Appeal by defendant - "Person affected" by such order - Rules of the Supreme Court, O.XVI, r22, O.LIV, r1D.

Husband and wife - Principles applicable where purchase by one spouse in name of other or in joint names - Rights determined by reference to known legal categories - Intention with which property is purchased - No presumption of intended equality of benefit - Time for ascertainment of intention - Marriage (Property) Act 1956 (No. 6050), s7; Marriage Act 1958 (No. 6306), s161.

Instruments Act - Action on promissory note under Instruments Act - Failure of defendant to apply for leave to appear and defend within the specified time - Application to grant leave out of time - Instruments Act 1958 (No. 6279), s4, s5, s6 and s10.

Administration and probate - Will - General and specific legacies - Shares held at date of will later subject of take-over transaction - Effect of bequests - Meaning of words "or any successor thereto" - Inserting in will words evidently omitted by oversight - Executors' commission - Method of calculation where actual value of estate less than value passed for probate.

Arbitration - Building contract - Arbitration clause - Scott v Avery form - Dispute to be submitted to arbitration - Meaning of "dispute" - Judgment in default of defence - Setting aside judgment - Right to stay of action pending submission of dispute to arbitration as ground for setting aside judgment - Arbitration Act 1958 (No. 6200), s5.

Motor car - Licence to drive motor car - Cancellation by Chief Commissioner of Police - Appeal to petty sessions - Decision to be "final and conclusive" - No appeal therefrom by way of order to review - Motor Car Act 1958 (No. 6325), s25A(3) (inserted by Motor Car (Amendment) Act 1958 (No. 6483), s2(3), and renumbered by Sessional Acts Revision Act 1958 (No. 6489), s4, Schedule CL35) - Justices Act 1958 (No. 6282), s155.

Criminal law - Assaulting, resisting or wilfully obstructing member of police force in execution of duty - Analysis of offence - Crimes Act 1958 (No. 6231), s40.

Criminal law - Assaulting, resisting or wilfully obstructing member of police force in execution of duty - Three separate offences - Ingredients of offences - Onus of proof - Court register showing charge as "dismissed" - Whether plea of autrefois acquit available - Crimes Act 1958 (No. 6231), s40.

Criminal law - Identification - Warning as to acceptance of identification evidence - Adequacy of summing-up by trial judge - Circumstances of particular case to be discussed - Miscarriage of justice.

Charity - Donations from individual donors and from public functions - Failure of particular purpose - General charitable intent - Proposed new scheme - Absence of objection - Bona vacantia - Application of fund cy-pres.

Criminal law - Evidence of accused - Imputations upon character of witnesses for the prosecution - Meaning and exercise of discretion - Accessory after the fact - Proof of conviction of principal offender - Crimes Act 1958 (No. 6231), s399(e)(ii).

Contract - Estoppel - Action to recover moneys due under contract for work and labour - Subsequent action for damages for non-payment of moneys due under contract within reasonable time.