Damages - Action for personal injuries - Award by jury - Appeal - Successful only on question of damages - Contributory negligence - New trial limited to the quantum of damages - Wrongs Act 1958 (No. 6420), s17, s24(2), s26.

Damages - Action for personal injuries - Jury's verdict - Appeal - Successful only on questions of negligence and contributory negligence - New trial to include issue of quantum of damages - Wrongs Act 1958 (No. 6420), s25, s26 - Rules of the Supreme Court, O.LVIII, r7.

Local government - Town and country planning - Local planning scheme - Land zoned general industrial - Application to local council to use the land as a drive-in theatre - Application refused - Appeal allowed by Minister - Instruction by Minister to the council to issue a permit - Permit not issued - Whether applicant required to notify adjacent landowners - Town and Country Planning Act 1961 (No. 6849), s18, s19, s20, s21, s22.

Companies - Investigation of company by inspector - Inspector's report that company should be wound up - Inspector's report prima facie evidence only as to his opinion and facts on which it is based - Attorney-General's petition to wind up company - Petition need not be signed - Petition may be amended - Leave of Court necessary before issue of petition - Leave may be granted nunc pro tunc - Committee of management must consist of natural persons - Company under official management - Appointment of official manager no bar to winding up on Attorney-General's petition - Court's discretion as to ordering winding up - Relevant considerations in exercise of discretion - Companies Act 1961 (No. 6839), s171(10), s173, s175, s198, s199, s201, s203, s209, s222, s366(1).

Legal aid - Infant plaintiff - Original award set aside by Full Court - New trial ordered - Approval of compromise - Legal Aid Committee claiming recoupment out of money payable to infant of costs of Full Court appeal on behalf of infant - Legal Aid Act 1961 (No. 6805), s4, s8, s9.

Companies - Auditors - No auditors appointed at annual general meeting - Mens rea - Authority to prosecute - Minister's signature - Authority to prosecute covering more than one offence - "Person" - Companies Act 1961 (No. 6839), s5, s8, s9, s161, s162, s165, s166, s167, s379, s381 - Acts Interpretation Act 1958 (No. 6189), s17 - Evidence Act 1958 (No. 6246), s79, s81.

Husband and wife - Matrimonial home - Presumption of joint tenancy - No contribution by wife to purchase home - Intention of husband, when buying home in own name - "Special circumstances" - "Intention to the contrary" - Marriage Act 1958 (No.6306), s161 - Marriage (Property) Act 1962 (No.6924), s3.

Justices - Order to review - Ruling that there is "case to answer" - Interlocutory order - Discretion of judge to grant order to review - Justices Act 1958 (No. 6282), s155.

Stamp duty - Transfer of marketable securities - Consideration in money or money's worth - Consideration being preference shares in transferee company - Unencumbered value - Transferor the holder of all shares in transferee company - Stamps Act 1958 (No. 6375), s33, Third Schedule, Heading IV (A).

Husband and wife - Married woman's property - Moveable property situate beyond boundaries of State - Parties resident within jurisdiction - Marriage Act 1958 (No. 6306), s161(1), as enacted by Marriage (Property) Act 1962 (No. 6924), s3.

Matrimonial causes - Certificate of means - Purpose - Supreme Court action involving partnership between petitioner and respondent - Registrar's duties - Matrimonial Causes Rules 1960 (Com.), r291 - Matrimonial Causes Act 1959 (Com.).

Evidence - Voluntary admissions - Discretion to exclude admissions - Unfairness of questioning - Caution before questioning - Ignorance of right to refuse to answer does not justify exclusion of admissions.

Landlord and tenant - Lease for term of years - Proviso for re-entry for non-payment of rent - Actual re-entry on demised premises or some equivalent required - Service of notice of intention to exercise right of re-entry is not a re-entry - Landlord and Tenant Act 1958 (No. 6285), PtIV.

Matrimonial causes - Divorce - Adultery by both spouses - Discretion statement - Non-filing of discretion statement where adultery denied - Amendment of petition - Judge's discretion where both parties have committed adultery - Matrimonial Causes Rules 1960 (Com.), as amended, r40A, r161, r162.

Administration and probate - Will - Bequest of "my life policy" - Testator holder of four similar life policies at date of death - Testator's mistake - Real intentions "my life insurance cover" or equivalent expression - Court's discretion to make substantial alteration in will if intention clear.

Will - Codicil - Codicil not found - Declarations by deceased - Proof of contents and execution of codicil - Standard of proof required.

Companies - Receiver negotiating to sell assets - Disclosure of company's contracts to intending purchaser - Injunction to restrain receiver - Interests of secured creditors - Rights of debenture holders - Companies Act 1961 (No. 6839), s181.

Company law - Take-over offer valid though non-compliance with statutory requirements - No right to restrain registration of shares - Persons competent to sue for injunction - Companies Act 1961 (No. 6839), s184, s185.

Town and country planning - Interim development order - Permit to erect "funeral chapel" - Notice to persons affected not in compliance with Act - Notice not specifying when application and objections would be heard - Notice not describing buildings or layout - Effect of failure to comply - Court may declare permit void - "Purpose and effect" - Town and Country Planning Act 1961 (No. 6849), s17, s18, s24.

Motor car - Road Traffic Regulations - Collision - Intersection - Right-hand turn - "Turning to the right" - Obligation to give way - "Opposite direction" - Road Traffic Regulations 1962, reg603(2).

Local government - Request for new municipality - One-tenth of ratepayers inscribed on municipal roll - "Appropriate persons" - Qualified and unqualified signatories - Whether request by unqualified signatories vitiates request by qualified signatories - Verification of signatures - Local Government Act 1958 (No. 6299) s16, s35, s36(2), s40(1), s40(2) - Local Government Act 1963 (No. 7013), s2(1)(a).

Transport regulation - Commercial goods vehicle - Interstate trade - Onus of proof as to interstate trade - Evidence as to owner of vehicle - Admissibility - Self-serving nature of statements - Commercial Goods Vehicles Act 1958 (No. 6222), s6, s22 - Commonwealth of Australia Constitution, s92.

Land - Right to support - Injunction - Quia timet action - Burden of proof.

Administration and probate - Two documents in form of wills executed on same day - One will later destroyed at deceased's request - Animus testandi - Animus testandi at time of execution - Wills Act 1958 (No. 6416), s7, s18(d).

Action - Fraudulent omission by defendant to account for money collected on behalf of plaintiff - Stay of civil action based on felony - Alleged felony by employee of defendant - Crimes Act 1958 (No. 6231), s148, s149.

Criminal law - Plea of guilty - Conviction - Appeal after conviction on plea of guilty - Crimes Act 1958 (No. 6231), s567(b) and s567(c), s568, s572.

Road traffic - Right of way - Intersection - "Entering" - Road Traffic Act 1958 (No. 6359) - Road Traffic Regulations 1960, reg402(7), reg601(1), reg601(2) and reg601(3), reg801.

Settlements - Power of appointment - Revocation - Settlor's intention.

Will - Charitable trust - Educational purposes - Practicability of fulfilment - "Scholarship" - Free education - "Government control" of school.

Statutes - "Litter" - Motor oil - "Refuse or rubbish" - Ejusdem generis - Litter Act 1964 (No. 7145), s2, s3(1).

Motor car - "Highway" - Driving motor car while licence suspended - Driving motor car without licence on highway - Motor Car Act 1958 (No. 6325), s3(1), s22, s28(1), s29 - Motor Car Act 1963 (No. 7073), s6 - Motor Car Regulations 1952, regs4(1), reg174(a).

Justices - Criminal law - Jurisdiction - Indictable offence determinable summarily - Felony - Stealing from Her Majesty by public servant - Not determinable summarily - Crimes Act 1958 (No. 6231), s146, s150 - Justices Act 1958 (No. 6282), s102A(1)(a)(iv).

Contract - Insurance - Motor vehicle policy - Construction of policy - Refusal of indemnity - Exclusion relating to due authorization of driver - "Duly authorized" - "Purpose".

Negligence - Collision between train and motor vehicle at railway level crossing - Duty of driver of train approaching level crossing.

Company law - Director invalidly in office - Shareholder's personal right of action - Companies Act 1938 (No. 4602), s141 - Companies Act 1958 (No. 6455), s99 - Companies Act 1961 (No. 6839), s116.

Will - Charitable gift - Failure of one of a number of charitable gifts - Lapsed gift to next of kin, not remaining charities - Annual income in perpetuity to named charities - Corpus - Charitable object - Royal Victorian Institute for the Blind - Royal Society for the Prevention of Cruelty to Animals - Anti -Vivisection Society - Hospital and Charities Act 1958 (No. 6274), s48 - Property Law Act 1958 (No. 6344), s131.

Will - Construction - Testator's gift to three unmarried daughters during spinsterhood or till marriage of last of them - Gift of capital to married daughters - Gift over to issue of deceased parent - One daughter marries but dies without issue - Other daughters die unmarried - Vested interest prior to date of distribution - Determination of original gift despite failure of gift over.

Landlord and tenant - Rectification - Equitable interest of tenant in possession as against purchaser from landlord - "Interest...of a tenant in possession of the land" - "Dwelling-house" - Transfer of Land Act 1958 (No. 6399), s42(2)(e).

Acquisition of land - Land resumed "for the purposes of the Education Act" - Certificate headed "Land for School Site" - Sufficiency of notice - Possession taken before compensation paid - Notice of resumption not served upon mortgagee - Board of Land and Works entitled to enter land before compensation paid - Sealing of plan of subdivision not necessary before acquisition - Land Act 1958 (No. 6284), s331, s332, s333 - Lands Compensation Act 1958 (No. 6286), s49, s50 - Local Government Act 1958 (No. 6299), s569.

Damages - Plaintiff and husband in partnership - Loss to plaintiff as a result of injuries suffered by husband by reason of negligent act of defendant - No cause of action based on injuries suffered by husband - Rules of the Supreme Court, O.XIX, r4, r27; O.XXV, r4.

Limitation of actions - Failure to give statutory notice - Reasonable cause - Application for leave to bring action - Appeal - Material prejudice to defendant - Limitation of Actions Act 1958 (No. 6295), s5, s34 - Water Act 1958 (No. 6413), s274, s275, s277 - County Court Act 1958 (No. 6230), s74.

Stamp duty - Transfer of shares - Consideration in money or money's worth - Consideration stated to be cash and a guarantee - Guarantee may be consideration - Stamps Act 1946 (No. 5204), s32, s33, Third Schedule, Heading IV (A) - Stamps Act 1958 (No. 6375), s32, s33, Third Schedule, Heading IV(A).

Companies - Creditor's petition - Application to grant leave for members' voluntary winding up - Creditor's petition first in point of time - Whether leave be granted - Onus on company to show why voluntary winding up should be preferred - Companies Act 1958 (No. 6455), s214 - Companies Act 1961 (No. 6839), s221.

Legal profession - Solicitor - Negligence of employee of solicitor - Employee of solicitor does not owe duty to client - Auditor - No cause of action by client of solicitor against auditor - Duty of care - Loss of plaintiff's money due to negligence of solicitor's employee - Liability of solicitor's employee - Liability of solicitor's auditor - Legal Profession Practice Act 1958 (No. 6291).

Contract - Exempting conditions - Garaging of car - Clause exempting garage proprietors from liability for loss of or damage to car - Car delivery to unauthorized person - Right to deliver car on presentation of card or proof of entitlement - Liable if wrongly delivered.

Arbitration - Dispute as to profit of business - submission to arbitration - Action to enforce award for umpire - Whether plaintiff entitled under original contract or award - Agreement not to prosecute any action based on award - Public policy - Attempt to oust jurisdiction of court - Re-appointment of umpire - Validity of appointment of umpire - Arbitration Act 1958 (No. 6200).

Practice - Dismissal of action for want of prosecution - Excessive delay - Limitation period expired - Onus on plaintiff to give reasonable or satisfactory explanation - Prejudice - Rules of the Supreme Court, O.XXXVI, r12.

Licensing - Sale of liquor on Sunday - Two or more persons present - Presumption of sale - Defendant's evidence not accepted - Prima facie evidence - Licensing Act 1958 (No. 6293), s171, s175.

Damages - Practice - Payment into court - Notice of payment into court defective - Interest on judgment - Costs - Judge's discretion - Rules of the Supreme Court, O.LXX.

Criminal law - Robbery with violence - In the presence of the victim - Proximity of victim - Property under immediate control of victim.

Will - Construction - Directions to carry on business and accumulate income - Estate to be divided 20 years after death of wife - "Amongst my next of kin according to the Statutes for the distribution of the Estate of a person dying Intestate" - Next of kin ascertained as at the date of the testator's death - Not limited to such next of kin as survived to date of distribution - Quantum of gifts at date of distribution determined by law as at date of death of testator - Property Law Act 1958 (No. 6344), s164 - Acts Interpretation Act 1928 (No. 3630), s6 - Administration and Probate Act 1928 (No. 3632), s45, s47, s50, PtI, Division 6, Statutes Amendment Act 1953 (No. 5757), s2 - Administration and Probate Act 1956 (No. 5996), s2 - Administration and Probate Act 1958 (No. 6191), s2(2), s4(1) and s4(2), s50, s52, s56 - Acts Interpretation Act 1958 (No. 6189), s7(2).

Limitation of actions - Failure to give statutory notice - Application for leave to commence action - Previous expiration of three-year period of limitation - Limitation of Actions Act 1958 (No. 6295), s5, s23, s34.

Police offences - Gaming - Prizes offered to promote the sale of television sets - Offer of prizes to first 100 purchasing television sets - No evidence as to how prizes to be distributed - "Lottery" - Police Offences Act 1958 (No. 6337), s85, s87(2) - Police Offences (Gaming) Act 1958 (No. 6480), s2.

Criminal law - Evidence - Similar acts - Mere similarity not sufficient - Must be peculiar features common to acts of accused and those sought to be proved.

Will - Devise on trust for the benefit of an ex-member or ex-members of the Australian Army, Navy and Air Forces "in genuine need of financial assistance" - Whether a valid charitable gift - Gift for public benefit - Relief of poverty - Purpose also non-charitable and invalid - Property Law Act 1958 (No. 6344), s131.

Companies - Attorney-General's petition for winding up - Right of company to appear and be heard - Right to challenge inspector's report - Companies Act 1961 (No. 6839), s173, s175, s221, s222.

Contract - Debenture - Rectification - No common intention - Intention of parties not expressed - Intention must be manifest by words or conduct.

Husband and wife - Matrimonial home - Presumption of joint tenancy - Intention of parties - Property in joint names - Wife paying initial amount, husband paying off mortgage - Special circumstances - Sale of home - Marriage Act 1958 (No. 6306), s161 - Marriage (Property) Act 1962 (No. 6924), s3.

Will - Secret trust - Oral directions to trustee - Directions contained in written instructions - Written instructions retained by testatrix and not found - Revocation.

Contract - Contract for sale of land induced by fraud of vendor's agent - Rescission - Affirmation of contract after knowledge of fraud - Payment of instalments after knowledge of fraud but before knowledge of right to rescind - Onus of proof that contract has been affirmed is on party alleging affirmation - Appeal - County court jurisdiction - Recovery of money paid under contract - Common law claim - County Court Act 1958 (No. 6230), s37, s41.

Husband and wife - Matrimonial home - Partition action - Sale - Specially endorsed writ - Summons for final judgment - Marriage Act 1958 (No. 6306), s161 - Marriage (Property) Act 1962 (No. 6924), s3.

Custody of infants - Wife leaving home with just cause and excuse - Boy to mother, girls to father - Wife unstable mentally - Husband domineering personality - Boy in rebellion against father - Function of appellate court on appeal from exercise of discretion - Marriage Act 1958 (No. 6306), s133, s142.

Criminal law - Evidence of accused's bad character - Trial judge's refusal to discharge jury - Discretion to discharge jury - Right of accused to have evidence of bad character excluded - Crimes Act 1958 (No. 6231), s568(1).

Criminal law - Rape - Consent - Consent by conduct - Inadequate direction to jury - Defence not put - Unsafe for verdict to stand.

Contract - Specific performance - Oral agreement for sale of half share of land - Payment of orally agreed amount - Subsequent written agreement - Consideration - Delay.

Local Government - Uniform Building Regulations - By-law - Application for council consent to referees' direction that by-law should not apply to building to be erected by prosecutors - By-law prescribing minimum frontage - Planning scheme prescribing minimum frontage - Principles upon which council refused application - Mandamus - Local Government Act 1958 (No. 6299), s926(1)(o), s929(1) - Local Government (Amendment) Act 1962 (No. 6888), s23(2) - Town and Country Planning Act 1944 (No. 5043) - Town and Country Planning Act 1961 (No. 6849).

Workers compensation - Statutory interpretation - Worker leaves widow who does not claim - Claim by partial dependant only - Amount of compensation - Workers Compensation Act 1958 (No. 6419), s3, s5, s9 (CL1(a)(i), CL(a)(ii)), s26, s34, s62.

Melbourne Harbor Trust Commissioners - Regulation prohibiting the affixing of written matter to property - Regulation requiring the stating of name and address to authorized persons and police officers - Area "under control of the Commissioners" - Judicial notice, and application of the doctrine - Sufficiency of evidence of control - Validity of regulations - Ultra vires - Melbourne Harbor Trust Act 1958 (No. 6312), s3, s136 - Melbourne Harbor Trust (Port of Melbourne) Act 1962 (No. 6923), s2 - Melbourne Harbor Trust (Amendment) Act 1963 (No. 6999), s18 - Melbourne Harbor Trust Regulations 1956.

Restraint of trade - Conspiracy - Unlawful combination - Electrical appliances manufactured in other States - "Trade or commerce with other countries or among the States" - "In relation to" - Australian Industries Preservation Act 1906-1950 (Com.), s4.

Statutory interpretation - Offence under repealed Act - Authority of Attorney- General to prosecute - Operation of saving clause in repealing Act - Acts Interpretation Act 1958 (No. 6189), s7. Companies - Director - "Act honestly and use reasonable diligence" - Deceptive entries in balance sheets - Information disclosing particulars of offence - Offence instituted by several acts or omissions - Not bad for duplicity - Companies Act 1958 (No. 6455), s107(1), s265 - Companies Act 1961 (No. 6839), s4, s124, s381.

Matrimonial causes - Custody - Successful petition by husband on ground of wife's adultery - Wife to marry co-respondent - Wife granted custody of child of marriage - Appeal - Judge's discretion - Material consideration - What is "proper" to be done in the "matter" existing between the parties - Marriage Act 1958 (No. 6306) (Vic.), PtVII, s133 - Supreme Court Act 1958 (No.6387), (Vic.), s16 - Matrimonial Causes Act 1959 (Com.), s5, s25, s68, s85, s87, s92 - Commonwealth of Australia Constitution, s51(ii), s71(iii).

Criminal law - Evidence - Accused as witness required to produce documents in his possession - Crimes Act 1958 (No. 6231), s399.

Will - Construction - Gift of real property for "my sons Michael and James" - No son named "James" - Evidence of intention not admitted - Evidence that another son was known as "James" not admitted - Equivocation - Gift fails for uncertainty - "Grandchildren" - Adopted child not to take - Adoption of Children Act 1928 (No. 3605), s7(2)(a).

Charity - Trust for local hall erected on land pursuant to trust - Hall no longer adequate or needed in its present form - Little public benefit - Cy-pres - Application to court for operation of cy-pres doctrine.

Criminal law - Evidence - Honest mode of dealing an integral part of defence - Discretion to permit cross-examination as to previous convictions - Exceptional circumstances - Agency a question of fact - Misdirection to jury - Crimes Act 1958 (No. 6231), s148, s399, s568(1).

Criminal law - Evidence - Failure by Crown to have witness at court - Prejudice to accused - No adjournment sought by accused to enable witness to appear - Election by accused to proceed without witness - No miscarriage of justice. Appeal against sentence - Fixation of minimum term - Discretion of trial judge.

Matrimonial causes - Husband and wife joint tenants of matrimonial war service home - Husband ordered to sign transfer to wife after decree nisi - Husband's refusal to sign transfer and letter of consent required by Director of War Service Homes - Application to enforce order - Injunction after decree absolute to restrain former husband from molesting former wife - Matrimonial Causes Act 1959 (Com.), s5, s23, s86, s88 - War Service Homes Act 1918-1962 (Com.), s4A, s35 - Marriage Act 1958 (No. 6306) (Vic.), s125 - Matrimonial Causes Rules 1960 (Com.), r259 - Divorce Rules of the Supreme Court of Victoria, r159 - Rules of the Supreme Court of Victoria, O.XLII, r7 - Commonwealth of Australia Constitution, s118.

Estate agent - Commission - "Agency" - "The said property being sold" - Enforceable contract - Implied term - Estate Agents Act 1958 (No. 6245), s34.

Labour and industry - Wages board - Failure by employer to pay wages at rate fixed by determination within time specified - Information not laid within six months - Continuing offence - Labour and Industry Act 1958 (No. 6283), s192(1)(a), s198(1), s205 - Certiorari.

Criminal law - Application for extension of time to appeal against sentence - Application that prisoner be present at hearing - Sentence appealed from already expired - Crimes Act 1958 (No. 6231), s576 - Gaols Act 1958 (No. 6259), s18 - Criminal Appeal Rules 1950, r25.

Electricity - Supply - Unauthorized fittings - Current obtained indirectly from mains - Electric Light and Power Act 1958 (No. 6241), s49(4), s51 - State Electricity Commission Act 1958 (No. 6377), s107.

Post and telegraph - Using apparatus to record conversation - Tape recorder - Person using apparatus one of the participants in the conversation - Telephone Regulations, reg16A(1)(c) - Post and Telegraph Act 1901-1960 (Com.).

Company - Winding up petition - Who may join in presenting petition - "Contributory" seeking relief on ground of oppression - Shares with special rights or restrictions - Special resolution - Director - Specified share qualification - Effect - "Member" - Allotment and issue of shares not sufficient to make a member - Register of members - Personal representative seeking relief on ground of oppression - Companies Act 1961 (No. 6839), s5, s16, s65, s116, s119, s186, s218, s222, s380 - Companies Act 1938 (No. 4602), Second Schedule, Table A - Supreme Court Rules, O.16, r11; O.19, r27; O.36, r8.

Will - Construction - Bequest of "remainder of her life estate" - Real intention of testator - Substitution of "after" for "of" - Gift over to children of sister - Two of three children deceased at death of life tenant - Residue - Gift over - Transmissible interest - Vesting - Contingency.

Transport regulation - Taxi - Obligation to carry passenger - Onus on driver to prove exemption or right to refuse - Transport Regulation Act 1958 (No. 6400) - Commercial Goods Vehicle Act 1958 (No. 6222), PtI - Transport Consolidated Regulations 1960, reg36, reg57.

Licensing - Betting - Charge laid against "firm" - Firm as such not capable of criminal offence - Licensing Act 1958 (No. 6293), s3, s27(1)(a), s27(1)(b), s123, s129, s193.

Estate agent - Vendor and purchaser - Right to pay off the whole of residue at any time during the period of contract - Condition not included in s34 certificate - "Representation promise or term" - "At his option" - Purchaser's right to avoid the contract - Estate Agents Act 1958 (No. 6245), s34.

Practice - Damages - Costs - Payment into court - Deduction of workers compensation from amount of verdict - Amount of judgment less than amount paid in - "Special cause" - "Recovers" less than amount paid into court - Rules of the Supreme Court, O.22, r6; O.65, r1 - Supreme Court Act 1958 (No. 638 7), s39 - Workers Compensation Act 1958 (No. 6419), s79(4) - Supreme Court (Interest on Judgments) Act 1962 (No. 6874), s79(a).

Criminal law - Possession of explosive substances - Evidence of other articles found in accused's possession - "Reasonable suspicion" - Issue estoppel - Autrefois acquit - Crimes Act 1958 (No. 6231), s317, s568(1) - Police Offences Act 1958 (No. 6337), s42, s190.

Companies - Shares - Financial assistance by company to purchase shares in company - Companies Act 1958 (No. 6455), s3, s56, s126, s264 - Companies Act 1961 (No. 6839), s67 - Justices Act 1958 (No. 6282), s160.

Workers compensation - "Recovery" - Hospital, ambulance and medical costs - Workers Compensation Act 1958 (No. 6419), s5, s9, s11, s26(7), s26(10), s62(a).

Damages - Conversion of eggs - "Trade commerce or intercourse" between a State and a Territory - Incidental crossing of State borders - Vesting of commodity - Eggs required for interstate trade and for other trade - Marketing of Primary Products Act 1958 (No. 6305), s17 - Commonwealth of Australia Constitution, s92.

Police offences - Gaming - Pinball machine - Disgorging of money, tokens or prizes - Police Offences Act 1958 (No. 6337), s151, as amended by Act No. 6770.

Matrimonial causes - Restitution of conjugal rights - Petition dismissed - Ancillary relief requested in answer to petition - Custody - Where petition dismissed no ancillary relief - Matrimonial Causes Act 1959 (Com.), s5, s62, s68, s84, s85, s86, s89 - Acts Interpretation Act 1901-1963 (Com.), s15A - Commonwealth of Australia Constitution, s51(xxii).

Criminal law - Evidence - Direction of jury as to general principles of law - Failure by trial judge to explain application of such general principles to particular case - Prior inconsistent statements by Crown witness - Failure by trial judge to direct jury as to law relating to prior inconsistent statements - Crimes Act 1958 (No. 6231), s568(1) and s568(2).

Company - Compromise or arrangement amending previous scheme - Court's approval - Previous scheme not yet carried through - Companies Act 1961 (No. 6839), s181.

Matrimonial causes - Petition for dissolution of marriage - Answer - Decree nisi provided proper provision made for respondent wife - Notice of withdrawal of petition - "Order pending the disposal of proceedings" - No leave required - Matrimonial Causes Act 1959 (Com.), s5, s28, s37 - Matrimonial Causes Rules 1960, r88.

Matrimonial causes - Custody - Petition dismissed - Later application by petitioner for custody under State Act - Marriage Act 1958 (No. 6306) (Vic.), s142, s143 - Matrimonial Causes Act 1959 (Com.), s8, s68, s84, s85, s89 - Maintenance Act 1958 (No. 6300), (Vic.), s5.

Will - Charitable gift - Purposes of gift both charitable and non-charitable - Failure of several objects - No apportionment of income between non-charitable and remaining charitable purposes - Valid gift of whole of income for charitable object - "Any such trust" - Property Law Act 1958 (No. 6344), s131.

Practice - Amendment of statement of claim after expiration of limitation period - Unincorporated association - Claim alleging contract made between plaintiff and members of association generally - Amendment sought to plead contract between plaintiff and members of management committee of association - Limitation of Actions Act 1958 (No. 6295), s5(6).

Maintenance - Confirmation of provisional order - New Zealand maintenance order - Divorce proceedings pending of time when application made - Whether court of petty sessions has jurisdiction to confirm order - Inconsistency of Commonwealth and State legislation - Maintenance Act 1958 (No. 6300) (Vic.), s5(5), s74, s78 - Matrimonial Causes Act 1959 (Com.), s8 - Commonwealth of Australia Constitution, s109.