Practice - Appeal to Full Court from County Court - Jurisdiction - Rejection of submission no case to answer at the close of the plaintiff's case - Defendants not put to their election - Ruling not finally affecting the rights of the parties - Whether an appeal from "any judgment or order" of the County Court - County Court Act 1958 (No. 6230), s4, s73, s74.

Public health - Adulterated meat - Maggots - "Article" - "Substance" - Health Act 1958 (No. 6270), s3, s236, s238, s240.

Criminal law - Evidence - Police interview of accused in hospital - Judge's discretion to allow evidence of interview - Evidence of accused's driving half hour before the accident.

Criminal law - Appeal against conviction - Trial judge's refusal to grant adjournment - Discretion - Trial judge's refusal to grant separate trials - Joint crime - Discretion properly exercised - Evidence of accused's bad character emerging in cross-examination of defence witness.

Practice - Service of writ out of jurisdiction - Motion to set aside writ and service - Place of payment of debt - Discretion to refuse leave to proceed - Quantum meruit - Whether claim for breach of contract - Service and Execution of Process Act 1901-1963 (Com.), s11(1)(c).

Criminal law - Appeal - No appeal to Full Court from general sessions in its appellate jurisdiction - Crimes Act 1958 (No. 6231), s580(2) - Children's Court Act 1958 (No. 6218), s48 - Justices Act 1958 (No. 6282).

Stamp duty - Transfer of shares - Consideration in money or money's worth of less than unencumbered value of shares - Consideration being transfer of shares in company not transferee company - Difference between consideration and actual unencumbered value - Stock exchange quotation - Element of benefaction - Stamps Act 1958 (No. 6375), s26, s32, s33, s91, Third Schedule, headings IV(A), IX, as amended by Acts Nos 6552 and 6910.

Criminal law - Appeal against sentence - Accused presented for trial before the due committal day - Plea of guilty - Accused prevented from tendering character evidence - Justices Act 1958 (No. 6282), s48, s50, s62 - Crimes Act 1958 (No. 6231), s353, s359, s567, s568.

Will - Construction - Administration - "Of and from their expectant share in my estate" - Contingent pecuniary legacy - Intermediate income - Powers of advancement - "Contrary intention" - "Prior interest" - Trustee Act 1958 (No. 6401), s2(3), s37, s38 - Wills Act 1958 (No. 6416), s33.

Matrimonial causes - Divorce on ground of nullity - Duress - Matrimonial Causes Act 1959 (Com.), s18, s23 - Crimes Act 1958 (No. 6231) (Vic.), s48, s51.

Trustee and executors - Unauthorized use of trust funds - Purchase of land by trustee from beneficiary - Agreement that beneficiary entitled to repurchase land and to any excess over original sale price - Transaction amounting to a loan to beneficiary on the security of the land - Transaction not authorized and not an investment by trustee in the purchase of the land - Breach of trust - Profit arising from subsequent sale - Sale price to be treated as forming part of the trust fund - Trustee Act 1953 (No. 5770), s4(3) - Trustee Act 1958 (No. 6401), s4(3).

Criminal law - Evidence - Discretion to allow further evidence after charge to jury - Admissibility of documents used for purpose of refreshing memory.

Nuisance - Rylands v Fletcher - Escape of water from a water pipe - Pipe supplying water to steam boiler - Industrial premises - "Non-natural" user.

Local government - Sealing of plan of subdivision by council - Refusal on ground that it was not in public interest as space for recreational purposes was not provided - Valid ground of refusal - Appeal to stipendiary magistrate - Magistrate's refusal to seal plan or amend the plan - Amendment of plan - Magistrate's discretion - Local Government Act 1958 (No. 6299), s569, s569A, s569B, s570.

Company law - Confirmation by the Court of reduction of capital by return to shareholders - Reduction of ordinary capital only - No return to preference shareholders - Objection by preference shareholders - Reduction should be fair and equitable - Discretion of court to confirm reduction - Companies Act 1961 (No. 6839), s64.

Negligence - Dangerous premises - Injuries to persons entering - Child trespasser - Occupier's knowledge of, and means of preventing, danger - Wanton or reckless disregard - Liability of occupier.

Local government - Uniform Building Regulations - By-law and town planning scheme prescribing minimum frontage - Application for consent to frontage less than minimum prescribed by town planning scheme and by-law - Refusal to approve - Appeal - Mandamus - Ultra vires - Local Government Act 1958 (No. 6299), s925, s926, s929 - Local Government (Amendment) Act 1962 (No. 6888), s23 - Town and Country Planning Act 1944 (No. 5043) - Town and Country Planning Act 1958 (No. 6396) - Town and Country Planning Act 1961 (No. 6849), s2(2).

Contract - Special condition - Sale of land - Purchase of property subject to purchaser obtaining approval to build from local council within 60 days otherwise contract void - "Approval" not obtained within time - Whether condition for exclusive benefit of purchaser - Contract voidable at option of vendor.

Motor car - Third-party insurance - Third-party policy issued but car not registered - Authorized insurer liable - Motor Car Act 1951 (No. 5616), s37, s39, s41, s45, s48 - Motor Car Act 1958 (No. 6325), s38, s40, s42, s47, s50.

Damages - Widow's claim in respect of death of husband - Whether jury's verdict excessive - Husband and wife separated - No maintenance order - Husband's contributions small - Widow's reasonable expectation of increased pecuniary benefit - Wrongs Act 1958 (No. 6420).

Motor car - Third-party insurance - Non-registered vehicle - Whether risk under policy attaches prior to registration - "Such contract of insurance shall commence on the registration" - Motor Car Act 1958 (No. 6325), s38, s40, s42.

Police offences - Female loitering for prostitution - Police Offences Act 1958 (No. 6337), s28 - Prostitution Act 1961 (No. 6761), s3(b).

Judgment - Justices - Court of petty sessions - Reasons for decision.

Administration and probate - Intestate estate - Securities - Joint owners may compose one - The test - Administration and Probate Act 1958 (No. 6191), s57(1) - Rules of the Supreme Court, Chapter III, r24.

Town and country planning - Interim development order - "Use of land for purpose" - Farming land immediately prior to order - Erection of farm building without permit after order - Town and Country Planning Act 1961 (No. 6849), s3(3), s17(1) proviso (b), s57.

Will - Interpretation - Conflicting dispositions of residue in identical language.

Motor car - Breach of road traffic regulation - Bona fide learning to drive - Licensed driver deemed to be driving - "Driver" - Motor Car Act 1958 (No. 6325), s4, s22, s23 - Road Traffic Act 1958 (No. 6359) - Road Traffic Regulations 1962, as amended by 1964, SR 59, reg602(3).

Negligence - Motion for judgment non obstante veredicto - Evidence of negligence - Jury's findings - Duty of care - Foreseeability - Remoteness of damage - Negligence in the course of employment - General verdict - Special verdict - Employer's liability for employee's negligence.

Local government - Street construction - Assessment of owners of premises on street - Objection to street construction scheme - Grounds of objection - Jurisdiction of court of petty sessions to hear objections - Local Government Act 1958 (No. 6299), s576, s577, s578, s579.

Police - Police Discipline Board - Disciplinary charge against policeman not an information for an offence - "Practice and procedure" - Justices Act 1958 (No. 6282), s3(1), s215 - Police Regulation Act 1958 (No. 6338), s88(1), as amended by No. 6957 - Police Regulations 1957, reg117.

Will - Interpretation - "Any estate...to which I may be entitled pursuant to the provisions of the will of my late husband" - "May be" - Falsa demonstratio.

Post and telegraphs - Authority of postal officer to prosecute - Who may be informant - Post and Telegraph Act 1901-1961 (Com.), s153 - Crimes Act 1914-1960 (Com.), s13.

Appeal - Misdirection - Negligence - Employee's common law action for damages - Workers compensation as alternative remedy - Irrelevant to mention alternative remedy.

Companies - Registration of charge - Registration not required under Instruments Act - Whether charge void against liquidator - Fraudulent preference - Book debt - Chose in action - Equitable assignment - Assignment given by way of security but absolute in form - Effect of non-registration under Companies Act - Companies Act 1958 (No. 6455), s72, s217(1) - Companies Act 1961 (No. 6839), s4(2), s100, s293 - Instruments Act 1958 (No. 6279), s83, s84 - Bankruptcy Act 1924-1960 (Com.), s95.

Will - Gifts of income to the daughter, son and wife so long as the wife remained the widow of the testator - Time for distribution of the corpus - Death of widow without remarriage.

Will - Attestation - Codicil written on carbon copy of will containing copy signature of testatrix as well as genuine signature by testator of codicil - Signatures of attesting witnesses written below copy signature - Whether codicil properly attested - Wills Act 1958 (No. 6416), s7.

Justices - Court of petty sessions - Special default summons - "Liquidated amount" - Justices Act 1958 (No. 6282), s102, as amended by Justices Act 1963 (No. 7086), s5(a).

Private international law - Proposal of marriage in Finland - Action for breach of promise of marriage - Writ served out of jurisdiction - Breach of contract - Meaning of "governed by the law of Victoria" - Rules of the Supreme Court, O.XI, r1(e)(iii).

Criminal law - Sentence - One or more offence - Fixing of minimum sentence - Two presentments - Crimes Act 1958 (No. 6231), s534(2), as enacted by Crimes Act 1965 (No. 7269), s2.

Medical practitioner - "Infamous conduct in a professional respect" - Removal from register - Appeal - Standard of proof - "Satisfied" - Medical Act 1958 (No. 6309), s10 and s12.

Will - Construction - Uncertainty - Partial restraint upon marriage with gift over - Condition that marriage be with consent of mother and of testator's trustees - Evidence of compliance with condition in partial restraint of marriage.

Criminal law - "Disease of the mind" - Epilepsy - Insanity - Automatism - Defence not relying on insanity - Evidence of insanity - Duty of judge - Direction to jury - Crimes Act 1958 (No. 6231), s420.

Practice - Preliminary hearing of points of law - Supreme Court Rules, O.XXV, r2, O.XXXIV, r2, O.XXXVI, r8.

Will - Construction - "Residuary estate" - Deficiency of assets - Abatement of legacies - Later accretion of assets.

Private international law - Service of writ out of jurisdiction - Place of making of contract - Contract made within jurisdiction - Breach of contract not within jurisdiction - Tort not within jurisdiction - Discretion of court - Rules of the Supreme Court, O.XI, r1(e)(i) and r1(e)(iii), r1(ea), r1(eb).

Parliament - Privilege - Subpoena served upon member of House of Representatives requiring attendance at court during current session of Parliament - Letter from speaker of House of Representatives claiming privilege of exemption from attendance of member while House of Representatives in session.

Matrimonial causes - Petition and counter-petition for desertion - Decree in favour of wife petitioner - Custody - Whether order should be made granting legal custody of children to husband and directing that wife have care and control - "Joint custody".

Criminal law - Murder - Capital offence - Plea of guilty.

Settlement - Construction - Corpus - Accretion to estate - Gift to class - Residuary estate.

Justices - Jurisdiction of court of petty sessions to deal with indictable offence summarily - Procedure laid down by Act not followed - Defendant absent - Defendant's counsel informing court of defendant's consent to summary disposal of case - Justices Act 1958 (No. 6282) - Justices (Amendment) Act 1962 (No. 6958).

Criminal law - Sentence - Offences against Commonwealth law - Minimum term sentences not applicable to offences against Commonwealth law - Crimes Act 1958 (No. 6231), s534.

Matrimonial causes - Divorce - Discretion statement - Application by respondent for leave to inspect - Matrimonial Causes Rules 1960 (Com.), r164, as amended.

Damages - Trespass - Assessment of damages - Nominal damages - Factors to be considered in ascertaining if aggravation has occurred - Purpose of award of damages - Nature of remedy of damages considered.

Evidence - Expert evidence - Admissibility - Hearsay - Use of authoritative sources.

Justices - Order to review - Materials sufficient for grant of order - Strict proof allowed on hearing - Production of Government Gazette.

Administration and probate - Deaths of two brothers about the same time - Evidence upon the probabilities as to which person died first - Whether it was "uncertain" as to which of them survived so that by statute deaths presumed in order of seniority - Administration and Probate Act 1958 (No. 6191), s12(2)(b) - Property Law Act 1958 (No. 6344), s184.

Criminal law - Nature and conduct of defence - Imputations on character of Crown witnesses - Discretion to permit cross-examination as to previous convictions - Judge may allow only part of accused's record to be mentioned - Crimes Act 1958 (No. 6231), s399(e).

Practice - Summary power to terminate action - Principles applicable - Inherent jurisdiction of the Court - Arbitration - Award must be a final determination.

Testator's family maintenance - Application by adult daughter - Testator's estate very large - Daughter supporting testator's former wife - "Adequate provision for the proper maintenance and support" - Administration and Probate Act 1958 (No. 6191), as amended, s91.

Practice - Dismissing action for want of prosecution - Relevant matters in exercise of discretion considered - Explanation for delay and prejudice to defendant considered - Rules of Supreme Court, O.XXXVI, r12.

Practice - Costs - Taxation - Party and party taxation - Allowance of fees for two counsel - "Attainment of justice" - "Defending the rights of any party" - Rules of the Supreme Court O.LXV, r27, reg(29), reg(41).

Administration and probate - Testator's family maintenance - Application to extend time within which to apply for further provision out of estate - Lapse of 13 months after grant - Whether delay excusable - Negotiations extending beyond limitation period - Administration and Probate Act 1958 (No. 6191), s99.

Barrister and solicitor - Managing clerk seeking admission - Dispensation from service of one year of eight years' clerkship sought - Applicant with prior legal experience - Undue hardship - Diminution of the value of training - "Managing clerk" - Rules of the Council of Legal Education 1965, r21, r26, r27, r54, r56, r57.

Practice - Specially endorsed writ - Summons for final judgment issued but not served - Entry of judgment in default of defence - Application to set aside judgment - Rules of the Supreme Court, O.XIV, O.XVIII(A), r1, r2, r7, r8, O.XX, r1, O.XXI, r6 and 8, O.XXVII, r2, r15.

Criminal law - Appeal against sentence - No jurisdiction in court to grant probation - Common law bond - Crimes Act 1958 (No. 6231), s568(4).

Companies - Purchase of shares in a company - Unlawful for a company to give financial assistance in purchase of shares - Deed between shareholders and purchasers of shares providing that a debt due by one shareholder to company be deemed paid and purchase price of shares reduced to extent of debt - Company not bound by deed - Shareholders assenting to terms of deed in general meeting constituting assent by company - Consideration - Companies Act 1938 (No. 4602), s45, Table A, art. 71 - Companies Act 1961 (No. 6839), s35(1)(a), s67.

Motor car - Third-party insurance - Registration of vehicle effected at the Motor Registration Branch - "Policy of insurance in prescribed form" - No prescribed form - Type of cover thereby effected - Liability to indemnify not limited - Motor Car Act 1958 (No. 6325), s42(7), s46(1), s46(2) - Motor Car (Third-Party Insurance) Act 1960 (No. 6650).

Town and country planning - Interim development order - Appeal to Minister against refusal of permit - Planning scheme in force prior to hearing of appeal - "Person aggrieved" - "Right...accrued...by virtue of or in relation to the order" - Whether Minister has jurisdiction to hear appeal - Town and Country Planning Act 1961 (No. 6849), s18, s19, s20, s22, s33, s35.

Road traffic - Stop sign facing driver on the right - Duty of the driver on the left to give way to vehicle on the right - Road Traffic Regulations 1962, as amended by SR 1964, No. 59, reg402(8), reg601, reg602(1), reg602(3).

Real property - Restrictive covenant - Applicant seeking to modify restriction which limits minimum size into which his land can be subdivided - Changed nature of area - Court's discretion - Applicant as original covenantor - Original covenantee still living and resident in area - Property Law Act 1958 (No. 6344), s84.

Companies - Trustee for unsecured noteholders - Company in default for value of notes and interest - Indebtedness of company not satisfied by judgment and execution - Powers of trustee to bring an action for misfeasance against officers of company - Trustee may act without consulting shareholders - Trustee Act 1958 (No. 6401), s3, s36(2) - Companies Act 1961 (No. 6839), s74E, s124, s305 - Companies (Public Borrowings) Act 1963 (No. 7089) - Rules of the Supreme Court, O.LV, r3.

Criminal law - Capital offence - Bail - Principles to be applied in relation to the granting and refusing bail.

Criminal law - Possession of explosives - Prior convictions not admissible as circumstances from which to infer possession not for a lawful purpose - Crimes Act 1958 (No. 6231), s317(4).

Insurance - Illegality - Intentional act causing unintended loss or damages - "Ex turpi causa non oritur actio" - Motor Car Act 1958 (No. 6325), s33.

Trade name - Use of same initials in title by two companies - Similar names adopted honestly - Both companies in engineering business but in different fields - No proof of probability of injury to property - Goodwill of one company in specialized fields - Necessary to acquire reputation with the public.

Will - Interpretation - Charitable gifts - Bequest of income and corpus - Condition precedent - Condition subsequent - Rule against perpetuities - Remoteness.

Criminal law - Murder - Death brought about in the course or furtherance of the commission of a felony - Whether murder or manslaughter - Jury - Constitutional right in a murder trial to return a verdict of manslaughter - "Escapes from gaol - When such escape completed - Common criminal purpose in the unlawful use of force - Where force used by one party then contemplated by other party - Gaols Act 1958 (No. 6259), s35.

Arbitration - Stay of proceedings - Third-party proceedings - Contract - Belgian law applicable to dispute between fourth and fifth parties - Court more suitable - Discretion to stay proceedings - Arbitration Act 1958 (No. 6200), s5.

Criminal law - Sentence - Two offences - Convicted on both offences - Fixing of minimum sentence - Appeal - Quashing of one conviction - Minimum sentence no longer applicable - Method of imposing term and minimum term - Crimes Act 1958 (No. 6231), s534(2), as enacted by Crimes (Parole) Act 1965 (No. 7269), s2.

Damages - Wrongs Act claim by widow - Receipt of pension under Commonwealth superannuation scheme - Assessment by jury - Wrongs Act 1958 (No. 6420), s10.

Licensing - Sale of liquor of an intoxicating nature without a licence - Liquor Licensing Act 1958 (No. 6293), s154.

Property law - Restrictive covenant - Discharge of restrictive covenant - "Neighbourhood" - "Obsolete" - "Impede the reasonable user of the land" - Land transferred out of parent title - Persons entitled to enforce covenant - Revival of rights to enforce covenant - Property Law Act 1958 (No. 6344), s79, s79A, s84 - Transfer of Land (Restrictive Covenants) Act 1964 (No. 7130), s3.

Evidence - Whether provisions of statute prevent officer of Land Tax Department from giving evidence in a court as to payment of land tax - Statute requiring officers to maintain secrecy and not to communicate knowledge to any "person" - Whether court a "person" - Statutory interpretation - Land Act 1958 (No. 6289), s4(4) and s4(5).

Local government - By-law prohibiting selling any goods in street - Metropolitan hawker's licence authorizing sale of food - Hawkers and Pedlers Act 1958 (No. 6269), s30, s31, s32, s36 - Local Government Act 1958 (No. 6299), s197(1)(xxxiii)(h).