Workers compensation-Second application for an award in respect of same injury - Recurrence of infection latent at time of first award - Application of doctrines of issue estoppel and res judicata - Lump-sum award does not necessarily prevent subsequent award of weekly payments and/or medical expenses - Medical expenses - Payment of medical expenses to worker - Workers Compensation Act 1958 (No. 6419), s9, s11, s26, s46.

Criminal law - Manslaughter - Definition - Use of lethal weapons by private citizen to apprehend person found attempting to commit larceny - Whether unintentional killing in such circumstances justified - Crimes Act 1958 (No. 6231), s457, s459.

Matrimonial causes - Divorce - Application to abridge time between decree nisi and decree absolute - Application by respondent - Ambit of power - Matrimonial Causes Act 1959 (Com.), s72(3)(b).

Company - Winding-up - "Fraudulent preference" - Meaning - Companies Act 1958 (No. 6455), s217(1) - Insolvency Act 1928 (No. 3705), s151 - Bankruptcy Act 1924-1960 (Com.), s95.

Health - Offences - Selling adulterated food - Division for purpose of analysis - Method of division - Purchase of nine meat pies - Whether three pies a third part - Health Act 1958 (No. 6270), s238, s281.

Criminal law - Sentence - Prior convictions - Earlier offences taken into account only if conviction thereon precedes offence under consideration - Crimes Act 1958 (No. 6231), s376.

Fire - Lighting fire in open air - On "day" in respect of which warning broadcast - Meaning of "day" - Country Fire Authority Act 1958 (No. 6228), s40(1). Justices - Order nisi - Amendment of ground - Justices Act 1958 (No. 6282), s155, s158.

Local government - Building consisting of flats - Plan of subdivision of flats - Horizontal as well as vertical divisions - Sealing of plan by council - "Site" - "Reduction" - Separate titles to flats - Local Government Act 1958 (No. 6299), s569 - Uniform Building Regulations, CL803, CL804(b).

Divorce - Australian domicile - Pending proceedings - Petition under Matrimonial Causes Act 1945-1955 (Com.) - Matrimonial Causes Act 1945-1955 (Com.), PtIIIA - Matrimonial Causes Act 1959 (Com.), s23, s24, s110, s112(6).

Second-hand dealers - Licence - Application for revocation - On ground that convicted of felonies - Felonies both before and after grant of licence are relevant - Exercise of discretion - Second-hand Dealers Act 1958 (No. 6363), s10.

Criminal law - Motor car - Driving motor car under influence of liquor - Breath- analysis tests - Evidence - Scientific instrument - Admissibility - Crimes Act 1958 (No. 6231), s319, s408.

Lunacy - Patient compulsorily detained at mental hospital provided by State - Claim by State for maintenance - No cause of action either at common law or under Mental Hygiene Act 1928 (No. 3721).

Health - Milk bottle allegedly not clean and sterile immediately before filling - Defence under Health Act 1958, PtXIV - Reasonable precautions - Whether such defence of "reasonable precautions" available on charge for breach of Cleanliness (Food, Drugs and Substances) Regulations 1953 - Health Act 1958 (No. 6270), PtXIV, s289, s291.

Criminal law - Charge of manslaughter arising out of motor collision - Alternative charges - Driving under the influence of intoxicating liquor - Driving recklessly - Driving at a speed dangerous - Driving in a manner dangerous - Ingredients of alternative offences - Crimes Act 1958 (No. 6231), s318, s319.

Justices - Claim for goods sold and delivered - Sale pursuant to agreement under seal - Entire agreement outside jurisdiction - Agreement otherwise completed - Default summons - Whether jurisdiction - Justices Act 1958 (No. 6282), s67(4)(b).

Criminal law - Sentence - Minimum term not fixed - Parole board unable to release prisoner before expiration of sentence - Crimes Act 1958 (No. 6231), s500, s532, s534, s537A, s538.

Divorce - Ground of separation - Harsh and oppressive or contrary to the public interest to grant decree - Adultery of petitioner - Provision for maintenance of respondent - "Conduct of the petitioner" - Matrimonial Causes Act 1959 (Com.), s28(b), s28(m), s29, s37, s112(2).

Landlord and tenant - Lease for a term with option to purchase reversion - Exercise of option - Failure to complete purchase - Effect of valid rescission by lessor of contract created by exercise of option upon lease.

Matrimonial causes - Divorce - "Child of the marriage" - "Member of the household" - Matrimonial Causes Act 1959 (Com.), s6(1)(c), s6(2)(a).

Matrimonial causes - Pending proceedings - Petition for decree of nullity - On ground of prior subsisting marriage - Decree in first instance - Marriage Act 1958 (Vic.) (No. 6306), s82, s108; Matrimonial Causes Act 1959 (Com.), PtXIII; Matrimonial Causes Rules 1960 (Com.), r183, form 36.

Partition - Application for sale - By person interested to extent of moiety or upwards - Power to order sale on terms - Fair market price available on sale for cash - Method of sale - Property Law Act 1958 (No. 6344), s223.

Criminal law - Presentment - Severance of presentments and separate trials where several sexual offences alleged in respect of different girls.

Criminal law - Manslaughter - Charges to jury - Adequacy - Criminal negligence - Duty to put to jury view of facts not put forward by defence - Whether no substantial miscarriage of justice - Crimes Act 1958 (No. 6231), s568(1).

Habeas corpus - Immigrant detained pursuant to deportation order - Court may not investigate the validity of conviction on which deportation order is based - Immigration - "Immigrant" - Conviction for living on earnings of prostitution, within five years of arrival in Australia - Intention to reside permanently in Australia - Non-absorption into Australian community for at least five years - Migration Act 1958 (Com.), s13, s15, s39 - Commonwealth Constitution Act 1900, s51(xxvii), s92 - Judiciary Act 1903-1959 (Com.), s38A and s40A - Crimes Act 1958 (Vic.) (No. 6231), s399 - Police Offences Act 1958 (Vic.) (No. 6337), s79(2) - Evidence Act 1958 (No. 6246), s149.

Habeas corpus - Deportation of immigrant - Nature of function of Minister of State for Immigration exercising deportation powers - Executive not judicial function - Police Offences Act 1958 (Vic.) (No. 6337), s79 - Migration Act 1958 (Com.), s13, s14, and s39.

Landlord and tenant - Prescribed premises - Premises declared prescribed premises by order of Governor-in-Council during currency of a lease - Status of lessee upon such termination - Landlord and Tenant Act (1958) (No. 6285), s43(2), s44(1), s57, s82(1).

Master and servant - Loan of tug and crew - Contract - Indemnity - Judgment against tug owner for damages for negligence of tug master - Claim to be indemnified by hirer of tug - Towage conditions - Extent of indemnity contained therein.

Practice - Action in Supreme Court in tort or contract - Verdict for plaintiff for sum not exceeding one-half of county court jurisdiction - Application for costs on Supreme Court scale - Action brought by next friend for infant plaintiff - Rules of the Supreme Court, O.LXV, r12.

Justices - Default summons - Moneys recoverable under separate statutory provision - As civil debt recoverable summarily - Whether appropriate procedure - Justices Act 1958 (No. 6282), s67(4), s102 - Estate Agents Act 1958 (No. 6245), s34(5); Estate Agents (Amendment) Act 1960 (No. 6734), s3.

Local government - Election of councillors - Breach by returning officers of provisions of Act - Validity of election - Likelihood of result being affected - Local Government Act 1958 (No. 6299), s157.

Company law - Hire purchase - Assignment of rights under hire-purchase agreement - Assignment of book debts - Registration of assignment - Sufficiency of offer to hire - Written form incomplete when signed - Non est factum - Instruments Act 1958 (No. 6279), s84 - Companies Act 1958 (No. 6455), s72.

Contract - Illegality - Agreement to pay legal professional costs to debt collector - Contrary to public policy - Scheme tainted with illegality - Agreement to commit a fraud on a third party - Legal Profession Practice Act 1946 (No. 5182), s49.

Garnishee proceedings - Money in court - Order for payment out to judgment debtor - Not competent for judgment creditors to garnishee Prothonotary.

Matrimonial causes - "Pending proceedings" - Illegitimate child, a "child of marriage" - Legitimate child of marriage said to have been adopted - No proof of adoption - Adjournment for proof of adoption - Discretion under s41 - Matrimonial Causes Act 1959 (No. 104) (Com.), s6(1)(c), s71, s41 and s69.

Co-operative societies - Contracts with members - Authorized by statute - For "fixed period" - Meaning - Whether section of Act sole source of power to make contract - Agreement ex facie illegal - As unreasonable restraint of trade - Point not taken below - No conceivable evidence could have justified provisions - Appellate court bound to hold illegal - Co-operation Act 1958 (No. 6225), s62.

Criminal law - Housebreaking with intent to steal - Accused found not guilty thereof - But convicted of attempt - Jury satisfied of facts necessary to constitute charge of housebreaking - Acquitted only because of misdirection - Appeal - Doctrine of merger of misdemeanour in felony - Whether verdict of guilty of housebreaking should be substituted for jury's verdict - No substantial miscarriage of justice - Crimes Act 1958 (No. 6231), s135, s421, s568(1), s569(2).

Companies - Power of court to stay further "proceedings" against company - Where compromise or arrangement "has been proposed" between company and creditors - Companies Act 1958 (No. 6455), s90, s91.

Infant - Action by - Approval of compromise - 750 pounds and costs on Supreme Court scale - Costs on county court scale only to be paid to plaintiff's solicitors - Form of order - Rules of the Supreme Court, O.XXII, r8; O.LXV, r12.

Companies - Winding-up - Employees - Wages in lieu of long service leave - Priority of claims therefor - Liability of liquidation - Companies Act 1958 (No. 6455), s213, s216 - Labour and Industry Act 1958 (No. 6283), s151(3), s154.

Local government - Plan of subdivision - Sealing of plan of subdivision refused on ground not in public interest - "Clear" frontage - Local Government Act 1958 (No. 6299), s569, s570; Uniform Building Regulations 1959, reg102, reg507, reg601, reg804; Property Law Act 1958 (No. 6344), s84.

Property law - Restrictive covenants - Transfers of parts of dominant land - Right of transferees to enforce covenant - Registration of restrictive covenants under Transfer of Land Act - Validity of - Property Law Act 1958 (No. 6344), s84(6); Transfer of Land Act 1958 (No. 6399), s4(1), s27, s37, s42, s43, s49, s88.

Practice - Costs - Judgment for plaintiff for amount not exceeding one-half of county court limit - Order for county court costs - Costs of transcription of evidence - Rules of the Supreme Court, O.LXV, r12.

Local government - Subdivision of land - Refusal by council to seal plan - Appeal to magistrate - Functions of magistrate - Whether refusal in fact justified - "Public interest" - Local Government Act 1958 (No. 6299), s569, s570.

Contempt of court - Motion for committal - Breach of undertaking by father to court to return child to mother's custody at end of period of access - Service of notice of motion not affected personally - Service on solicitor who had acted for father of child in custody proceedings - Personal service necessary.

Negligence - Breach by defendant of regulations requiring motor car to be in good mechanical condition and to be in a safe and thoroughly serviceable condition - Absence of negligence - Liability of driver in tort for breach of statutory obligation - Motor Car Regulations 1952, reg160.

Weights and measures - Deficiency in weight of packaged cheese - Prosecution - Notional sale in respect of "any person who appears from the written statement on the package or label to have packed the goods" - Whether expression includes packing through the services of independent contractors - Weights and Measures Act 1958 (No. 6414), s74.

Res judicata - Estoppel - Dismissal of information for assault by court of petty sessions - Action in county court between same parties for damages for same assault - Certificate of dismissal - Justices Act 1958 (No. 6282), s91(17).

Health Act - Sale of adulterated food - Defence of "reasonable precautions" - Onus of proof - Right of informant to call evidence in rebuttal - Cross-examination of defendant as to prior convictions - "Analysis or other adequate test" - Perishable food - Produced in bulk - Findings of fact of court of petty sessions - Powers of Supreme Court on review - Health Act 1958 (No. 6270), s238, s289, s291, s292, s304(e); Crimes Act 1958 (No. 6231), s399; Food and Drug Standards Regulations 1958, reg22, reg102.

Labour and industry - Long service leave - Decision of court of petty sessions - Right of appeal to Industrial Appeals Court - No power in Supreme Court to review - Labour and Industry Act 1958 (No. 6283), s47, s157, s158, s159; Justices Act 1958 (No. 6282), s155.

Appeal - County court - Notice to be given within 14 days - Calculation of 14 days - Notice out of time - County court judge no power to extend time - "Within" - County Court Act 1958 (No. 6230), s74(2)(a).

Matrimonial causes - Pending proceedings - Lithuanian marriage - Proof of marriage - No marriage certificate available - Court satisfied parties validly married - Matrimonial Causes Act 1959 (Com.), s96, s100.

Habeas corpus - "Term of imprisonment" - Nature of periods of imprisonment served in default of payment of fine or amount of forfeited recognizance - Crimes Act 1958 (No. 6231), s535, as enacted by Crimes (Sentences and Parole) Act 1959 (No. 6572), s3.

Matrimonial causes - Divorce - Husband leaving mentally unstable wife - Desertion - Custody of two young female children - Matrimonial Causes Act 1959 (Com.), s29, s71.

Local government - Plan of subdivision - Neglect of council to seal - Appeal to court of petty sessions - Appeal lodged before expiry of three months' period - "Refusal" of council to seal - Power of court to confirm plan subject to conditions - Power to confirm "with alteration" - "Existing street", "water-course" - Likelihood of drainage causing nuisance to adjoining owners - Local Government Act 1958 (No. 6299), s569, s570.

Appeal - Payment of judgment debt prior to appeal on understanding that it will not be refunded if appeal succeeds - No monetary contest between the parties.

Matrimonial causes - Proper arrangements for welfare and where appropriate the advancement and education of a child - Lump sum settlement to be held in trust for child - Contribution to settlement to be made equally by husband and wife - Matrimonial Causes Act 1959 (Com.), s71(1)(a).

Partition - Land - Tenants in common - Sale instead of division of property - Application by tenant in common for sale - Discretion of Court - Detriment commercially to one tenant in common irrelevant - Property Law Act 1958 (No. 6344), s222, s223, and s224.

Workers compensation - Whether payment a recovery of compensation - So as to bar recovery of damages at common law - Conscious receipt by worker required - Subjective not objective test - Workers Compensation Act 1958 (No. 6419), s26, s62(a), s62(b), s79(3).

Landlord and tenant - Term of years - Proviso for re-entry for non-payment of rent - Provision that "lease may be produced as notice to quit duly given and expired" - Common law demand dispensed with.

Judgment - Damages for personal injuries - Interest on judgment - Basis of calculation of interest - Discretion - Supreme Court (Interest on Judgments) Act 1962 (No. 6874), s2; Supreme Court Act 1958 (No. 6387), s78-s79A.

Landlord and tenant - Lease for term of years - Proviso for re-entry for non-payment of rent - Default in payment - Tender after due date - Landlord may rely on non-payment as ground of forfeiture - Provision in lease for option of renewal - Whether option exercisable after forfeiture - Service of notice of exercise of option on solicitors in current action - Effect of amending legislation on declaration that premises are "prescribed premises" - Relevant as to relief against forfeiture although lease at an end - Breaches of other covenants in lease - Effect on relief against forfeiture for non-payment of rent - Landlord and Tenant Act 1958 (No. 6285), s44(1); Landlord and Tenant (Amendment) Act 1961 (No. 6828), s7(1).

Mortgage - Mortgagee in possession - Power to sell land "or any part thereof" - Power to sell fixtures separately from land - Test as to fixtures - Owner of chattels on hire - Equitable rights of owner after annexing of chattels to land - Priority of rights of legal mortgage - Transfer of Land Act 1958 (No. 6399), s76, s77.

Criminal law - Co-accused - Evidence of one accused exculpating other accused - Accomplice - Necessity of warning - Submission of no case by one accused - Ruling at conclusion of all the evidence.

Town and country planning - Power of Board to make interim development order - Delegation of power - Town and Country Planning Act 1958 (No. 6396), s3, s4, s14.

Matrimonial causes - Petition for nullity on ground of previous subsisting marriage - Decree absolute in the first instance - S71 not applicable - Matrimonial causes Act 1959 (Com.), s5, s6, s18, s23, s70, s71, s73, s127(6); Matrimonial Causes Rules 1960 (Com.), r183, Form 36.

Money had and received - Part of debt paid by debtor to third party - Creditor told by third party of payment - And of direction to pay to creditor - Promise by third party to pay to creditor - Repayment by third party to debtor - Privity of contract not required - Third party liable to creditor.

Negligence - Breach of statutory duty by defendant - Finding of contributory negligence against plaintiff - Degree of contributory negligence necessary in order to reduce damages.

Companies - Compromise or arrangement with creditors - Order for meetings of members and creditors - Group of companies - Necessity of separate meetings of members and creditors of each company - Companies Act 1958 (No. 6455), s90.

Local government - Subdivision of land - Notice of intention to subdivide - Plan of subdivision, lodging and sealing of - Overt act of intention to subdivide - Notice and lodging of plan of subdivision to be within reasonable time - Local Government Act 1946 (No. 5203), s568(9) - Local Government Act 1958 (No. 6299), s569(9). Contract - Option - Irrevocable offer to keep open offer during currency of option - Option not a conditional sale.

Maintenance - Enforcement of arrears by fraud summons - Discretion as to making order - Discretion as to amount of arrears - Twelve months' arrears - Maintenance Act 1958 (No. 6300), s74, s77(2), s82, s85, s89 - Imprisonment of Fraudulent Debtors Act 1958 (No. 6276), s10, s22, s25.

Court of petty sessions - Jurisdiction - Complaint brought in "special" jurisdiction for use and hire of chattels - Ordinary jurisdiction - Justices Act 1958 (No. 6282), s3, s67, s68, s99, s100, s102; Justices Act Rules 1936 (No. 2).

Justices - Jurisdiction - Special summons - Claim in detinue inappropriate - Whether special summons can be converted into ordinary summons, so as to raise money count - Nature of detinue - Justices Act 1958 (No. 6282), s67(3), s68(1), s99; Justices Act Rules 1936 (No. 2), r46, r72.

Practice - Originating summons - Questions affecting future entitlements - Generally not answered. Settlements - Directions to accumulate income - Only one of four statutory periods available - Too long a period selected - Excess over appropriate period only is bad - What is appropriate period - Variations of deeds of settlement - Whether void - Entitlement to income wrongfully accumulated - Property Law Act 1958 (No. 6344), s164(1).

Practice - Specially endorsed writ - Endorsement on writ - Standing as statement of claim - Whether statement of claim which can be struck out - Non-compliance with Rules of Court - Inherent jurisdiction - Rules of the Supreme Court, O.III, r1, r4; O.XVIIIA, r1, r2, r7, r8; O.XX, r1; O.XXV, r4.

Criminal law - Evidence - Voire dire - Admissibility - Discretion of trial judge - Cross-examination of suspect in custody improper - Discretion - Exclusion of admissions to police notwithstanding sworn evidence by accused on voire dire that such admissions were true - Evidence Act 1958 (No. 6246), s149.

Negligence - Cyclist struck from behind by motor car at night - Driver's duty of care - Apportionment of responsibility - Verdict of jury - Right of court of appeal to interfere - Wrongs Act 1958 (No. 6420), s26.

Matrimonial causes - Divorce - Private international law - Recognition of foreign decree of dissolution - Recognition by American States inter se - Presumption of validity of marriage - Matrimonial Causes Act 1959 (Com.), s95(2), s95(4), s100.

Will - Construction - Gift of principal residence and chattels therein - Upon trust to permit beneficiary to have "free use and enjoyment" until attains 25 years - Equitable estate - Proviso requiring use as principal place of residence and permitting named persons only to reside with beneficiary - Void as contrary to public policy - Disposition of residence if beneficiary died or ceased to reside in premises before attaining 25 years.

Criminal law - False pretence in respect of existing fact - Post-dated cheque may be a false pretence - More than one pretence alleged in presentment - False pretences to obtain a number of goods - Attempting to obtain goods by false pretences - Crimes Act 1958 (No. 6231), s421.

Contempt of court - Counsel held in contempt during hearing of action - Conditions precedent to exercise of power - Necessity of formal charge and opportunity to defend - Justices Act 1958 (No. 6282), s211.

Administration and probate - Common disaster - Uncertainty as to order of deaths - Presumption younger survived elder - Property Law Act 1958 (No. 6344), s184.

Matrimonial causes - Petitions for divorce issued by parties in different States - Application for transfer or stay of proceedings - "Interests of Justice" - Proper forum - Matrimonial Causes Act 1959 (Com.), s26, s27.

Motor car - Third-party insurance - Insured in respect of bodily injury - Where judgment unsatisfied - Action against insurer - Onus on plaintiff to prove that he was a person in respect of whom the judgment debtor was insured - Motor Car Act 1958 (No. 6325), s47.

Police offences - Street betting - "Street" - "Enclosed and unenclosed... premises" - "Premises" - Whether floating dock a " street" - Police Offences Act 1958 (No. 6337), s104, s106.

Police offences - Gaming - Suffering gaming to take place in premises where refreshments sold - Refreshments sold in main building - Gaming in outbuilding - Whether offence committed - Police Offences Act 1958 (No. 6337), s32.

Matrimonial causes - Desertion - Lesbian association by wife - Refusal by wife to end such association - Wife leaving home at request of husband - Matrimonial Causes Act 1959 (Com.), s28(b), s29.

Justices - Courts of petty sessions - Special jurisdiction - Claim for rental of neon electric sign - "Full balance" under agreement sought - Not recoverable on special complaint - Justices Act 1958 (No. 6282), s67(4), s68(1). Stamp duty - "Rental agreement" defined - Genuine rental agreement not included - Stamps Act 1958 (No. 6375), s131A; Stamps (Amendment) Act 1958 (No. 6450), s6; Sessional Acts Revision Act 1958 (No. 6489), s4, Schedule.

Companies - Investigation - Appointment of inspector - Not required to act judicially - No right in subject companies to be heard - Companies Act 1958 (No. 6455), s147, s148, s149, s150, s151.

Local government - Building Regulations Committee - Application challenging validity of municipal by-law - Application for order dispensing with or varying or modifying municipal by-law - Jurisdiction - Validity of regulations - Local Government Act 1958 (No. 6299), s191, s198, s893, PtXLIX, 33rd Schedule; Uniform Building Regulations Nos 102, 213-4, 507, 815.

Criminal law - Confessional evidence - Admissibility - Duty of trial judge to determine admissibility - Evidence of good character - Relevance - Proof beyond reasonable doubt - Meaning of "reasonable doubt".

Police offences - Offence of carrying an animal in circumstances involving cruelty - Cruelty - Evidence necessary to establish cruelty - Police Offences Act 1958 (No. 6337), s59, s60(3).

Criminal law - Nature and conduct of defence - Imputations on character of Crown witness - Discretion to permit cross-examination as to previous convictions - Application for leave to appeal against conviction - Departure from grounds of appeal - Tendering of firearms in evidence - Where charge not related to use of firearms - Presentment of number of persons for joint trial on a number of offences - Crimes Act 1958 (No. 6231), s399(e).

Maintenance - Cruelty - Condonation - Application of principle to maintenance complaint - Constructive desertion - Liability of father for maintenance of child - Maintenance Act 1958 (No. 6300), s4, s5.

Companies - Scheme of arrangement with creditors and members - Order for "separate meetings of its members and its creditors" - Failure to notify all members - Separate meetings held for each class of shareholder - Statement "explaining the effect of the compromise or arrangement" to be sent to members - Necessity of adequate explanation - Companies Act 1958 (No. 6455), s90, s91.

Vermin and noxious weeds - Offences - "Keep" land clear and free of noxious weeds - Meaning of "keep" - Vermin and Noxious Weeds Act 1958 (No. 6409), s13.