Transport regulation - Interstate trade - Commercial goods vehicle - Licence to operate within fixed radius in Victoria - Goods carried into another State by another vehicle - Return of goods into Victoria by another vehicle - Commercial Goods Vehicles Act 1958 (No. 6222), s3, s4, s20, s22 - Commonwealth of Australia Constitution, s92.

Bankruptcy - Scheme of arrangement - Notice to creditors - Complainant not notified - Meeting of creditors - Scheme of arrangement void - Validating power of Court of Bankruptcy - Jurisdiction of court of petty sessions to hear complaint - Landlord and Tenant - Unstamped lease - Oral variation - Agreement express or implied - Unstamped agreement not tendered in court of petty sessions-Demise under seal - Common law procedure - Bankruptcy Act 1924-1960 (Com.) s4, s7(1), s18, s18A, s20(1), s157(1), s157(3), s161, s170, s188 - Landlord and Tenant Act 1958 (No. 6285), s8 - Stamps Act 1958 (No. 6375), s28(1), s29(2).

Motor car - Practice - Court of petty sessions - Person disqualified from holding driver's licence in Australian State - Suspension by Chief Commissioner of Police of Victorian licence - Appeal to court of petty sessions - Order of court of petty sessions "final and conclusive" - Mandamus - Certiorari - Motor Car Act 1958 (No. 6325), s25(1), s25(3) - Motor Car (Third Party Insurance) Act 1960 (No. 6650), s2 - Motor Car (Amendment) Act 1961 (No. 6762), s5.

Matrimonial causes - Practice - Security for costs of wife - Travelling and sustenance expenses included - Principles of security for costs considered - Matrimonial Causes Act 1959 (Com.), s125, s127 - Marriage Act 1958 (Vic.) (No. 6306), s112.

Motor car - Log book of journeys - Production of "every such book" on demand by authorized person - Retention of book for six months-"On demand" - Production within reasonable time - Motor Car Act 1958 (No. 6325), s29, s33A, s89 - Motor Car (Hours of Driving) Act 1959 (No. 6533).

Husband and wife - Matrimonial home - Presumption of joint tenancy - Intention of parties - Relationship between spouses strained - Husband purchases home out of own moneys - "Special circumstances" - Separation of spouses - Court's discretion - Marriage Act 1958 (No. 6306), s161 - Marriage (Property) Act 1962 (No. 6924), s3 - Property Law Act 1958 (No. 6344).

Criminal law - Evidence - Unsigned account of police interrogation - Not admissible unless adopted - Onus of proof - Misdirection to say either police or accused lying - Conviction, quashed, is not a conviction - Crimes Act 1958 (No. 6231), s317(3)(b), s317(4).

Licensing - Mandamus and prohibition - Hotel lease - Power of attorney contained in lease - Whether revocation of power of attorney on determination of lease - Agent of licensee to conduct hotel - Absence of actual consent by licensee - Right of licensee to object to application - Licensing Act 1958 (No. 6293).

Practice - Representative order - Unincorporated club - Injunction, restraining members of unincorporated club not parties to action - Committee as defendant may not represent all members in action of tort - Injunction at suit of Attorney- General restraining breach of municipal by-law - Rules of the Supreme Court, O.XVI, r9.

Health - Selling adulterated food - Tripe - Standard of alkalinity and acidity - Time of compliance with standard - Analysis - Samples for analysis - Methods of division into not less than three parts - Sample cut into many small parts before being divided into four parts - The Food and Drug Standards Regulations 1958, reg22(11) and reg100 - Health Act 1958 (No. 6270), s238, s240, s273, s281, s289, s304, and s391 - Health (Sampling of Foods) Act 1962 (No. 6883), s2.

Criminal law - Wounding with intent to murder - Provocation - Whether a defence - Wounding with intent to do grievous bodily harm - Plea of self-defence - Effect of excessive force in exercise of right of self-defence - Crimes Act 1958 (No. 6231), s11(1), s17.

Companies - Stay of further proceedings - Extra-judicial proceedings are further proceedings - Stay of proceedings to enforce rights under debenture trust deed - Ex parte order set aside if wrongly served - Appeal not necessary if ex parte order wrongly made - "Proceeding" - "Further proceedings" - Companies Act 1961 (No. 6839), s181(9).

Evidence - Criminal law - Voir dire - Voluntary statement - Discretion to reject even if voluntary.

Criminal law - Voir dire - Statement by accused - Voluntary - Discretion to reject voluntary statement - Persistent questioning - Confession - Evidence Act 1958 (No. 6246), s149.

Practice - Prothonotary - Interlocutory judgment - Damages assessed by Prothonotary - Motion to set aside judgment by default - Prothonotary's assessment - Appeal to Full Court - Supreme Court Act 1958, s34, s179, s180 - Rules of the Supreme Court, O.XXVII, r4, r15; O.LIV, r13.

Practice - Action to set aside judgment allegedly procured by perjury - Fraud - Requirements for plaintiff to satisfy unless action is to be stayed.

Evidence - Admissibility - Divulging information received by doctor from patient - Privileged communication - Patient's privilege - Personal representative of deceased patient not a party to litigation may not waive privilege - Evidence Act 1958 (No. 6246), s28.

Will-Administration and probate - Probate and estate duties on notional estate - Direction to hold residue upon trust "to pay thereout all probate and estate duties payable upon the whole of my estate" - Legacies and like interest to be provided out of "the balance then remaining" - Whether notional estate should bear proportion of duties - Recovery by executors of duty payable in respect of notional estate - What constitutes "contrary intention" in will - How is duty to be apportioned - Administration and Probate Act 1958 (No. 6191), s39, s120, s121, s122, and Second Schedule - Probate Duty Act 1962 (No. 6890), s26, s29, s30 - Estate Duty Assessment Act 1914-1957 (Com.), s8, s29, s32, s34, s35.

Practice - Mode of trial - Writ endorsed for trial without jury - Appeal - Discretion to order trial with or without jury - Supreme Court Rules, O.LIV, rID, r2, r7(a); O.XXXVI, r2, r5, r6 - Companies Act 1961 (No. 6839), s171(10).

Marriage - Minor - Parents' consent - Father refusing consent - Parents separated - Withholding of consent "unreasonable" - Judge's power to override parent's consent if unreasonable - Marriage Act 1961 (Com.), s9, s11, s16, s17, s46 - Matrimonial Causes Act 1959 (Com.), s18, s29.

Criminal law - Appeal against conviction - Application out of time - Application for extension of time to give notice of appeal - Not granted as a matter of course - Exercise of court's discretion - Crimes Act 1958 (No. 6231), s572, s582.

Workers compensation - Failure of common law action for damages for negligence - Remission of action by trial judge to Workers Compensation Board for assessment of compensation - Matters to be proved for application to succeed - Whether statement of claim must contain allegation that worker entitled to compensation - Time within which proceedings must be brought - Whether judge or jury must recite facts necessary for application to succeed - Workers Compensation Act 1958 (No. 6419), s41, s44, s63(1).

Workers compensation - Failure of common law action for damages for negligence - Remitting action to Workers Compensation Board for assessment of compensation - Matters to be proved for application to succeed - Time within which proceedings must be brought - Failure of employer to give notice of claim for compensation to registrar within time limited - Such failure not to prejudice worker's claim - Application dealt with by judge alone without jury - Unnecessary for application to be pleaded in statement of claim in common law action - Appropriate orders as to costs - Powers of Workers Compensation Board to interfere with award of costs in common law action - Workers Compensation Act 1958 (No. 6419), s41, s42, s44 and s63(1).

Local government - Sealing of plan of subdivision by council - Refusal on ground that not in public interest as open spaces or reserves not provided - Power of council to acquire land compulsorily without compensation - Local Government Act 1958 (No. 6299), s569, s570.

Damages - Husband and wife partners in hotel business - Profits shared jointly - Husband killed by defendant's negligence - Function of jury to decide whether wife suffered financial loss due to termination of partnership or termination of matrimonial relationship - Wrongs Act 1958 (No. 6420).

Administration and probate - Will - Practice - Executor seeking probate of earlier will - Later will challenged - Validity of latest will should be determined first - Onus on caveator to prove revocation of will propounded - Administration and Probate Act 1958 (No.6191), s15 - Partnership Act 1958 (No. 6330), s37.

Companies - Managing director - Director - Separation of offices - Agreement of employment - Termination of agreement - Payment of compensation for loss of office - Companies Act 1961 (No. 6839), s129.

Administration and probate - Administration ad litem - Previous limited grant for one purpose - Subsequent limited grant may be made for other purpose - Action commenced more than six months after grant is matter of defence - Administration and Probate Act 1958 (No. 6191), s29.

Practice - Payment into court - Increase of sum paid in - Procedure - Failure of plaintiff to take money out within 14 days of first payment in - Discretion of court or judge as to subsequent payment out - Election by plaintiff - Rules of the Supreme Court, O.XXII, r1, r2, r3, r4, r4(3), r6.

Divorce - Maintenance - Principles governing permanent maintenance - Review on appeal of exercise of discretion - Matrimonial Causes Act 1959 (Com.), s5(1), s84, s87(1), s92(4) - Judiciary Act 1903-1959 (Com.), s37 - Matrimonial Causes Rules 1960 (Com.), r212, r213.

Criminal law - Onus of proof - Accused entitled to acquittal if jury in reasonable doubt - Conflicting testimony by Crown and defence witnesses - Charge to jury - Charge as a whole to be considered - Crimes Act 1958 (No. 6231), s37, s44, s62.

Town and country planning - Interim development order - Permit to erect "bus depot" - "Residential area" - Substantial detriment" to persons - Notice of application for interim development order - Sufficiency of notice - "Responsible authority" - Appeal to Minister - "Purpose and effect" of permit - Power to issue permit - Validity - Town and Country Planning Act 1961 (No. 6849), s17, s18, s49.

Criminal law - Murder - Manslaughter - Provocation in accused's presence - Provocative action not towards accused but to his sister - Whether provocation limited to acts done to accused and acts done to relatives in accused's presence.

Sale of land - Contract - Copyright conditions of sale - Rescission - Recovery of possession - Notice of rescission - Obvious mistake in identification of clause relied upon in notice not fatal - Notice to remedy default necessary prerequisite to notice of rescission - Transfer of Land Act 1954 (No. 5842), 7th Schedule, Table A, conditions 6 and 7 - Transfer of Land Act 1958 (No.6399), 7th Schedule, Table A, conditions 6 and 7.

Companies - Winding up petition - Company unable to pay debts - Liability under deed of guarantee - Deed not deed inter partes but deed poll - Guarantee to pay on demand all debts - Demand to pay one debt not sufficient.

Practice - Payment into court - Increase of sum paid in - Further payment into court not authorized by rules - Plaintiff's costs - Damages awarded less than money paid into court - Interest on judgment - Supreme Court Act 1958 (No. 6387), s112 - Supreme Court (Interest on Judgments) Act 1962 (No. 6874) - Rules of the Supreme Court, O.XXII, r1.

Workers compensation - Weekly payments of compensation by employer - Worker contributorily negligent - No award made by Workers Compensation Board - Settlement by third party of worker's claim - Claim by employer to be indemnified by third party for weekly payments - Workers Compensation Act 1951 (No. 5601), s62 - Workers Compensation Act 1953 (No. 5676), s14 - Workers Compensation Act 1958 (No. 6419), s62, s79 - Wrongs (Contributory Negligence) Act 1951 (No. 5594), s4(2) (Wrongs Act 1958 (No. 6420), s27(2)).

Matrimonial causes - Successful petition by wife on ground of husband's adultery - Husband intending to marry party cited - Permanent maintenance for successful wife - Relevant considerations - Matrimonial Causes Act 1959 (Com.), s37, s68, s69, s84, s85, s86, s87, s89.

Will - Devise of income for life - Corpus shares - Declaration of dividends subsequent to death of life tenant - Dividends payable out of profits of year of death and prior years - Whether dividends apportioned - Supreme Court Act 1958 (No. 6387), s73, s76. Company law - Preference shareholders - Rights to dividends - Reserves created and profits carried forward - Construction of Memorandum - Whether articles to be read in conjunction therewith - Effect of article limiting reserve - Duties of trustees as between life tenant and remainderman.

Criminal law - Larceny - Asportation - Whether removal of goods from place originally occupied by them is sufficient carrying away.

Contract - Contract of insurance - Employer's liability - Policy in form prescribed by statute or regulation - Interpretation - "Contra proferentem".

Trustees and executors - Unauthorized investment of trust funds - Purchase of freehold property - Repayment by trustees - Trustee's profit arising from investment - Repayment of profit to trust estate.

Public health - Food - Adulterated sausage meat - Analysis of samples - Seller - Notional seller - Last vendor - Inspector purchasing from other than defendant - Giving of sample and notice to defendant not necessary - Health Act 1958 (No. 6270), s238, s240(c), s273, s279, s281 - Food and Drug Standards Regulations 1958, reg22(8)(b), reg22(10)(a).

Trustees and executors - Misappropriation of trust funds by solicitor's employee - Employee also executor of estate - Acting in dual capacity - Whether solicitor vicariously liable.

Practice - Stale writ - Acceptance of service - Undertaking to enter unconditional appearance - Release from undertaking to enter appearance - Rules of the Supreme Court, O.VIII, r1 - Motor Car Act 1958 (No. 6325), s48 - Limitation of Actions Act 1958 (No. 6295), s5(6).

Negligence - Causation - Foreseeability - Motor accident - Duty of driver towards driver of overtaking vehicle - Finding by jury that all circumstances of accident were not reasonably foreseeable - No finding by jury on issue whether event was of a type, class or kind which was reasonably foreseeable - Determination of this question by judge in manner not inconsistent with jury's findings.

Constitutional law - Public service - Temporary public servant - Basis and terms of employment of public servant - Contractual nature of engagement of public servant - Contract - Variation in terms of employment - Implied contract - Quantum meruit - Claim for arrears of salary - Crown Proceedings Act 1958 (No. 6232) - Public Service Act 1958 (No. 6349), s5(2), s29, s38, s40, s41, s49.

Police offences - Printing notice as to result of intended horse race - Distribution of notice exclusively outside Victoria - Freedom of interstate trade commerce and intercourse - Commonwealth of Australia Constitution, s92 - Police Offences Act 1958 (No. 6337), s122(1)(b)(i).

Local government - Council scheme for street construction - Assessments to owners of premises on street - Objections to assessments - Grounds of objection - Particulars of objections to be supplied - True nature of objections to be ascertained - Jurisdiction of court of petty sessions - Local Government Act 1958 (No. 6299), s576, s577, s578, s579.

Local government - Water supply - Fluoridation of water - Duty to maintain water supply - Health of residents in municipality - By-law - Uncertainty - Invalidity - Ultra vires - Local Government Act 1958 (No. 6299), s197(1)(iii), s197(1)(iv), s197(1)(ix) and s690(1).

Criminal law - Drunkenness as a defence - Intent - Automatism - Direction to the jury.

Dangerous premises - Invitor and invitee - Control and management - Occupier - Sea water baths - Liability for unusual danger - Driver striking head on bottom - Practice - Amendment of statement of claim outside limitation period - Limitation of Actions Act 1958 (No. 6295), s5(6).

Administration and probate - Testator's family maintenance - Remarriage of testator's widow between testator's death and application - No breach of moral duty - Exercise of court's discretion - Plaintiff not showing present need - "Widow" - "Former wife" - Administration and Probate Act 1958 (No. 6191), s91 (as substituted by s5 of the Administration and Probate (Family Provision) Act 1962 (No. 6920)).

Matrimonial causes - Custody of young children - Interests of children the "paramount consideration" - Welfare of the children superior to all other considerations - Custody to wife living in adultery - Matrimonial Causes Act 1959 (Com.), s85(1).

Companies - Dividends - Loan to company - Agreement to repay when company in position to do so - Void for uncertainty.

Companies - Director - Offence of not using reasonable diligence - What constitutes offence - Single act or regular course of conduct - Information bad for duplicity - "Order" - Justices Act 1958 (No. 6282), s3, s88(1), s155, s160, s164, s165, s200, s218 - Companies Act 1958 (No. 6455), s3, s107.

Husband and wife - Matrimonial home - Presumption of joint tenancy - Intention of parties - Husband purchases home with proceeds of sale of farm - Farm jointly worked - Separation of spouses - Special circumstances - Court's discretion - Marriage Act 1958 (No. 6306), s161 - Marriage (Property) Act 1962 (No. 6924), s3.

Deed - Mortgage - Forged signature on mortgage - Authority to sign mortgage - Ratification of forgery - Adoption of mortgage - Registration of forged mortgage - Forged mortgage a nullity - Undue influence in procuring signature to mortgage.

Company law - Debenture stock - Deed of trust creating debenture stock, and providing for issue of further debenture stock - Issue of further debenture stock limited to amount "as certified by the company's auditors" - Certificate by auditors condition precedent to creation and issue of further debenture stock - Creation and issue of further debenture stock - Trustee not party to deed for issue of further debenture stock - No notification to trustee of deed - Further debenture stock not "created and issued" pursuant to the deed.

Health - Food-Compulsory purchase - Current market value - Inference that price asked by seller is within range - Composite amount including the two separate prices - Ordinary sale at common law - Purchase of different types of food - Division into three parts - Time - Limitation period for commencement of prosecution - Day of purchase not included in calculation - "Current market price" - Health Act 1958 (No. 6270), s3, s238, s279, s281, s282, s295, s304(f).

Statutory interpretation - "Use" of crane while unsafe - Crane being hoisted for installation - Collapse of crane - Breach of statutory duty - "Efficient and safe to operate" - Lifts and Cranes Act 1959 (No. 6577), s11(3).

Negligence - Motor car - Injury to plaintiff by motor vehicle driven by unknown servant of owner or by motor vehicle of which identity cannot be established - Liability of owner or Incorporated Nominal Defendant - Onus on plaintiff to prove case against one or other defendant on a balance of probabilities - Liability of master for acts of agent - Motor Car Act 1958 (No. 6325), s49.

Will - Gift of land as a public park for picnic parties and to provide facilities for the comfort and amusement of picnickers, and in particular to provide space for picnic parties and for the playing of games - Whether a valid charitable gift - Object construed as for the healthy outdoor recreation of the public - Gift for the public benefit - Gift within the spirit and intendment of the Statute of Elizabeth - 41 Eliz. c. 4 (Charitable Gifts Act 1601).

Will - Interpretation - Misdescription of property - Option to purchase given by deceased - Exercise of option after death - Devise of rents and profits from specific real estate subject to option to purchase - Conversion of real estate into personal estate - Ademption of gift.

Matrimonial cause - Poor person - Application to defend in forma pauperis - Practice prior to 1 February 1961 - Whether property subject-matter of cause - Whether arrears of maintenance is "property" under Poor Persons Legal Assistance Act - No inherent jurisdiction with respect to pauper litigants in matrimonial causes - Matrimonial Causes Act 1959 (Com.), s127(6) - Maintenance Act 1958 (No. 6300) (Vic.), s12 - Poor Persons Legal Assistance Act 1958 (No. 6339), (Vic), s5, s6(1) - Rules of the Supreme Court, Ch. I, O.XVI, r22; Ch. II, r34-r8.

Will - Construction - "My bonds" - Whether expression includes Commonwealth Government Inscribed Stock in addition to Treasury Bonds - Testatrix with no Commonwealth Inscribed Stock but only Treasury Bonds at time of making of will - Commonwealth Inscribed Stock Act 1911-1946 (Com.), s51E.

Administration and probate - Whether pecuniary legacies a mere charge upon real estate or primarily payable from proceeds of real estate - Gift of residue to trustees - Trustee beneficiaries hold for next of kin - Legatees not paid within 15 years - Assets still held by trustees after 15 years - Action to recover legacy from trustee not statute barred - Claim for interest barred beyond six years - Limitation of Actions Act 1955 (No. 5914), s5(7), s20, s21, s22 (Limitation of Actions Act 1958 (No. 6295), s5(7), s20, s21, s22) - Trustees Act 1928 (No. 3792) s67 (Trustee Act 1953 (No. 5770), s79) - Property Law Act 1928 (No. 3754), s304.

Practice - Discovery - Incriminatory documents - Tendency to criminate - Privilege from production - Civil action - Privilege lapses with expiration of limitation period for launching prosecutions in respect of summary offences - Conspiracy - Conspiracy to commit an unlawful act - Conspiracy to commit a tort - Marketing of Primary Products Act 1958 (No. 6305), s21(c) - Justices Act 1958 (No. 6282), s73(2) and s215.

Company law - Meeting of creditors - Resolution that company be placed under official management - Validity of notices convening the meeting - Validity of resolution - Creditor's petition to court to wind up company without leave of court - Leave sought nunc pro tunc - Power of court to grant leave - Appeal against resolution - Companies Act 1961 (No. 6839), s198, s199, s200, s203, s206, s210, s214, s215, s223, s293, s294 - Bankruptcy Act 1924-1960 (Com.), s95, PtXI, PtXII.

Police offences - Gaming - Suffering gaming to take place in premises where refreshments sold - Defendant in charge of premises but not owner or occupier - Whether offence committed - Police Offences Act 1958 (No. 6337), s32. Statutes - Marginal notes prior to 1 August 1890 - Not part of statute - Acts Interpretation Act 1890, s23 - Acts Interpretation Act 1958 (No. 6189), s11.

Principal and agent - Mortgage - Money given to solicitor to invest on mortgage - Investment with client's authority - Early repayment by mortgagor and receipt of moneys by solicitor without client's knowledge - No discharge of mortgage or receipt given - Moneys not returned to client - Solicitor not acting as authorized agent to receive money.

Marriage - Legitimation of child - Procedure - Evidence - Marriage Act 1961 (Com.), s89, s92 - Rules of the Supreme Court, O.LII, r1.

Matrimonial causes - Divorce - Desertion - Parties living under the same roof - Termination of matrimonial relationship.

Criminal Law - Plea in bar - Empanelment of jury to try plea - Charges must be of same nature or sufficiently proximate to be basis of a plea in bar - Prior conviction for common assault at petty sessions - Presentment for attempted rape and assault with attempt to rape based on same facts.

Will- Real property - Restraint by testator on alienation - Small and contracting class of permitted alienees - Restraint on alienation void.

Stamp duty - Hire-purchase agreement - "Purchase price" - "Other charge" - Installation charge payable under agreement - Stamp duty on installation charge - Stamps Act 1958 (No. 6375), s33 - Stamps (Amendment) Act 1958 (No. 6450), s6(2) - Hire-Purchase Act 1959 (No. 6531), s2, s3 - Stamps (Hire-Purchase Agreements) Act 1956 (No. 6045) - Stamps (Hire-Purchase Agreements) Amendment Act 1957 (No. 6081).

Judgment - Interest on judgment - Judgment filed out of time - Execution for interest from date judgment made - Post-dating of judgment - Date from which the judgment is effective - "The time the judgment was entered or made" - Supreme Court Act 1958 (No. 6387), s161 - Rules of the Supreme Court, O.XXII, r8; O.XXVIII, r11; O.XLI, r1, r2 and r3.

Motor car - Practice - Person disqualified from holding driver's licence in an Australian State - Suspension by Chief Commissioner of Police of Victorian licence - Appeal to court of petty sessions - No jurisdiction to quash or vary suspension of licence - Certiorari - Motor Car Act 1958 (No.6325), s25(1), s(3) - Motor Car (Third Party Insurance) Act 1960 (No.6650), s2 - Motor Car (Amendment) Act 1961 (No.6762), s5.

Damages - Superannuation contributions not deductible from wages in calculating loss of earnings.

Public health - Sale of horseflesh for human consumption - Horseflesh on premises where food prepared etc. - Mens rea - Health Act 1958 (No. 6270), s331(2)(b).

Maintenance - Wife owning substantial assets - Whether part of wife's accustomed condition in life or primary necessities of life - Proving of deterioration in wife's financial condition not sufficient - Need to prove lack of means of support both where wife is deserted and where left without means of support - Maintenance Act 1958 (No. 6300), s3, s5(1).

Practice - Stay of order for costs pending ultimate trial of action - Order nisi for mandamus - Order nisi to review - Orders nisi discharged - Appeal dismissed staying payment of costs - Discretion of court - Justices Act 1958 (No. 6282), s155(3) - Rules of the Supreme Court, O.XLII, r17(b).

Limitation of actions - Doubt whether statutory notice given in time - Leave to bring action "whether or not" notice given - Whether "just" to grant leave - Limitation of Actions Act 1958 (No. 6295), s5, s34 - King-street Bridge Act 1957 (No. 6156), s3.

Practice - Costs - Judgment for two plaintiffs - Individual judgments not exceeding one-half of county court limit - Total judgment exceeds one-half of county court limit - Rules of the Supreme Court, O.LXV, r12 - County Court Act 1958 (No. 6230), s37.

Criminal law - Evidence - Murder - Motive - Relevance - Remoteness - Statements indicating hostile relations between accused and deceased.

Trust - Settlement - Trusts declared for children of life beneficiaries - Beneficiaries not capable of producing children - Payment to life beneficiaries out of fund.

Practice - Specially endorsed writ - Summons for final judgment - Claim for principal and interest due under a mortgage - Mortgage forged by defendant - No allegation that plaintiff's claim based on fraud - Rules of the Supreme Court, O.III, r4, O.XIV.

Matrimonial causes - Divorce - Desertion - "Constructive desertion" - "Just cause or excuse" - Matrimonial Causes Act 1959 (No. 104 of 1959) (Com.), s5(1), s28(b) and s28(m), s29, s30, s37(4) and s37(5), s112(2) - Marriage Act 1958 (No. 6306) (Vic.), s72(1)(a).

Practice - Pleading - Defamation - Television broadcast may be libel - Libel and slander may be joined - Plea must be that publication was "of and concerning the plaintiff" - Claim should be against defendants and each of them - Broadcasting and Television Act 1942-1963 (Com.), s124.

Sale of land - Mortgage - Purchaser under contract of sale in possession - Vendor's right under contract of sale to arrange a mortgage - First mortgage discharged and subsequent mortgage arranged - Default under subsequent mortgage - Mortgagee's action to recover possession from purchaser - "Interest of...a tenant in possession" - Transfer of Land Act 1958 (No. 6399), s42(2)(e), s78.

Criminal law - Practice - Presentment - Witness endorsed on presentment - Discretion in prosecutor and court to call witness - Solicitor - Trust account deficiency - Calling of witness by Crown prosecutor or judge - "Commencement of proceedings" - Conversion of money contrary to direction - Direction may be conditional - Legal Profession Practice Act 1958 (No. 6291), s35, s39, s42, s90 - Crimes Act 1958 (No. 6231), s148, s156, s353, s359, s360 - Justices Act 1958 (No. 6282), s3, s5, s37, 2nd Sched., Form 36.

Private international law - Action against foreign personal representative - Libel - Unconditional appearance - Jurisdiction of court to entertain action - Service and Execution of Process Act 1901-1958 (Com.).

Criminal law - Plea of guilty - Presentment on two counts - Effect of plea of guilty to less grave count - New trial on both counts.

Matrimonial causes - Property law - Partition action between former husband and wife - Order for sale and division of proceeds - Application by former wife for "settlement" of property under s86(1) of Matrimonial Causes Act 1959 (Com.) - Jurisdiction of State court in its ordinary jurisdiction to proceed with property dispute - Matrimonial Causes Act 1959 (Com.), s5, s8(2), s86(1) - Property Law Act 1958 (No. 6344) (Vic.), PtIV.

Company law - Companies Auditors Board - Application by registered company auditor to be registered as registered liquidator - Dismissal of application - Appeal by applicant - Court's discretion - Appeal by way of hearing de novo - "Experience and capacity" - Companies Act 1961 (No. 6839), s8, s9(7), s(9) and s(15).

Workers compensation - Infant claimant on death of father - Board's practice - Damages - Sanction by court of compromise - "Infant's benefit" - Workers compensation Act 1958 (No. 6419), s3, s5, s34 - Wrongs Act 1958 (No. 6420) - Rules of the Supreme Court, O.XXII.

Motor car - Licence - Suspension cancellation disqualification - "Proceedings for offences" - Motor Registration Branch records - "Certificate" - Proof of facts contained in certificate - Motor Car Act 1958 (No. 6325), s2, s3, s26, s33, s92 - Evidence Act 1958 (No. 6246), s89 - Justices Act 1958 (No. 6282), s86, s91 - Police Regulation Act 1958 (No. 6338), s5 - Motor Car Regulations 1952.

Practice - Pleadings - Particulars of negligence - Plea as to further negligence which may emerge from the evidence - Rules of the Supreme Court, O.XIX, r27.

Insurance - Policy - Indemnity - Liability - "Ordinarily residing with".

Justices - Jurisdiction - Court of petty sessions - Default summons - Special jurisdiction - Amendment of summons - Liquidated sum - Notice of intention to defend - Waiver of objection to jurisdiction - Justices Act 1958 (No. 6282) (as amended by Act No. 6958 of 1962 and Act No. 7086 of 1963), s67, s68, s99, s102.

Local government - Council scheme for private street construction - Previous drainage work - Objections to scheme - Form of council resolution - Form of objections - Substance of objections to be stated - "Determines" - Local Government Act 1958 (No. 6299), s576, s578, s579, s588.

Limitation of actions - Failure to give statutory notice - Interlocutory proceedings - "Reasonable cause" - "Materially prejudiced" - Opinion evidence in support of application - Limitation of Actions Act 1958 (No.6295), s34 - RSC, O.XXXVIII, r3.

Stamp duty - Agreement between beneficiaries and trustees to redistribution of assets of deceased estate - "Appropriation" of assets - "Settlement" of assets - Stamps Act 1958 (No. 6375), s33, s89 - Trustee Act 1958 (No. 6401), s2(3), s31 - Administration and Probate Act 1958 (No. 6191), s46.

Appeal - Use to be made of actuarial tables showing present values of future weekly payments - Tables may be handed to jury when future loss of earnings involved in appropriate cases - Limitations upon use of such tables and proper directions to be given to jury discussed - No ground of misdirection in notice of appeal in regard to use made of table by trial judge.

Real property - Restrictive covenant - Applicant seeking to modify restriction that only one private dwelling may be erected - Whether modification would not substantially injure persons entitled to benefit of covenant - Onus of proof upon applicant - Discretion of court to refuse application although grounds proved - Property Law Act 1958 (No. 6344), s79A, s84 - Transfer of Land (Restrictive Covenants) Act 1964 (No. 7130).

Sale of land - 1961 copyright conditions of sale - Rescission - Recovery of possession - Notice of rescission specifying arrears of purchase money for more than actually due - Separate notice not required for each default - "Specifying the default" - Rights and remedies intended to be enforced need not be specified - Default in paying insurance premium - Transfer of Land Act 1958 (No. 6399), 7th Schedule, Table A, conditions 9 and 11.

Marketing of primary products - Commodity - Eggs - Carriage of goods interstate and back - "Trade commerce or intercourse between the States" - Onus on defendant to prove interstate trade - Justices - Service of summons in another State - Service by post on company registered in another State - Information and summons not a "writ of summons" - Marketing of Primary Products Act 1958 (No. 6304), (Vic), s17(1), s17(3), s21(c) - Justices Act 1958 (No. 6282), (Vic.), s219 - Companies Act 1961 (No. 6839), (Vic.), s362 - Commonwealth of Australia Constitution, s92 - Service and Execution of Process Act 1901-1958 (Com.), s3 - s15.

Transport regulations - Commercial goods vehicles - Order nisi to review - "Person aggrieved" - Vehicle operated with knowledge of owner - Mistake by owner as to issue of permit or licence - Right of prosecution to call rebutting evidence - Interstate trade, commerce and intercourse - Commercial Goods Vehicles Act 1958 (No. 6222), s4, s22(2), s22(3)(a) - Justices Act 1958 (No. 6282), s155(1) - Acts Interpretation Act 1958 (No. 6189), s3 - Commonwealth of Australia Constitution, s92.