Nuisance - Golf balls hit into private property from golf links - Private nuisance - Interference with property rights - Reasonableness - Links conducted by municipal council under statutory power - Liability thereunder - Local Government Act 1958 (No. 6299), s799 - Land Act 1958 (No. 6284), s221.

Justices - Offence of trifling nature - Obscene language in a public place - Language used by actors in presentation of a play in a theatre - Informations dismissed as trifling - Irrelevant considerations taken into account by court of petty sessions - Justices Act 1958 (No. 6282), s75 - Summary Offences Act 1966 (No. 7405), s17(1)(c).

Criminal law - Larceny - Voluntary passing of goods to defendant - Later knowledge that goods stolen - Intention then formed to retain goods - Misdirection to jury - Elements of larceny.

Health - Sale of adulterated food - Warranty - Whether warranty applies to future sales - Warranty given in respect of goods not in existence at the time it is given - Whether warranty must form part of the contract for the supply of goods - Onus of proof - Condition of goods at time of purchase and of sale - Order to review - Powers of Supreme Court on review - Health Act 1958, (No. 6270), s238, s300, s301. Company - Seal of company - Proof of affixing.

Contract - Breach by defendant solicitors - Failure to exercise professional skill and care - Defence of contributory negligence - Summons to strike out defence - Rules of the Supreme Court, O.19, r27; O.25, r4 - Wrongs Act (No. 6420), s26.

Matrimonial causes - Institution of proceedings - Application for leave to institute proceedings within three years of marriage - Exceptional hardship - Exceptional depravity - Absence of any prospect of reconciliation - Considerations - Discretion - Matrimonial Causes Act 1959-1965 (Com.), s43.

Land - Acquisition of land - Valuation - Assessment on basis of reinstatement - Factors necessary to be established before reinstatement principle can apply - Housing Act 1958 (No. 6275), s99,s100,s101 and s102

Summary offences - Religious worship - Disturbance of - Meaning of "religious worship" - Summary Offences Act 1966 (No. 7405), s21.

Motor car - Third party insurance - Insurance in respect of "death...or... bodily injury...caused by or arising out of the use of" a motor car - Mobile crane with jib attached - Jib contacting overhead wires and causing death - Composite use - Vehicular function of machine - Liability of insurer - Motor Car Act 1951 (No. 5616), s44(1)(a) - Motor Car Act 1958 (No. 6325), s46(1).

Will - Charitable gift to "The Spastic Children's Home, Frankston" - No such Home in existence - Failure of gift - Gift applied cy pres.

Evidence - Recent invention - Oral testimony by defendant inconsistent with answers to interrogatories - Application to lead evidence of previous statements made by the defendant consistent with his oral testimony - Whether the cross-examination of the defendant amounted to an imputation of recent invention - Whether a party to an action may prove an earlier statement under the recent invention rule.

Criminal law - Motor car - Refusal to take breath test - Notice to produce the breath analysing instrument to the court - Refusal to produce - Oral evidence rejected - Order nisi to review - Best evidence rule - Crimes Act 1958 (No. 6231), s408A.

Husband and wife - Matrimonial property - Intention of parties at the time of acquisition - Farm property - Curtilage of the dwelling-house - Farm jointly worked - Court's discretion - Marriage Act 1958 (No. 6306), s161 - Marriage (Property) Act 1962 (No. 6924), s3.

Matrimonial causes - Maintenance - Wife possessed of substantial independent assets - Maintenance order - Meaning of - Purpose of - Discretion - Powers of court on appeal - Matrimonial Causes Act 1959-1966 (Com.), s84.

Costs - Petty sessions - Information - Senior counsel appearing for defendant - Dismissal for want of prosecution - Award of costs against informant - Costs to which defendant entitled - Discretion - Principles applicable - Review of exercise of discretion - Justices Act 1958 (No. 6282), s105(2).

Criminal law - Shopbreaking - Tape recording of interview played to jury - Prejudicial material as to one accused - No objection by that accused - Sufficient evidence against that accused - Appeal - Crimes Act 1958 (No.6231), s568(1).

Appeal - Principles - Whether substantial irregularity in trial - Whether excessive interference by trial judge.

Sentence - Whether excessive - Minimum term to be disregarded when deciding.

Workers compensation - Death of worker - Journey from employment to home - "Substantial interruption...which...would ordinarily have materially added to the risk of injury" - Consumption of alcoholic liquor - Omission of finding of fact by Board - Question of law - Workers Compensation Act 1958 (No. 6419), s5, s6, s8, s56.

Contract - Sale of land - Sale subject to purchaser obtaining approval to build - Whether condition for exclusive benefit of purchaser - Whether contract voidable at option of vendor - Suit for specific performance - Estate Agents Committee empowered to prescribe form of sale note - Prescribed form - Estate Agents Act 1958 (No. 6245), s3, s8 - Rules of the Estate Agents Committee 1964, r6.

Property law - Vesting order - Applicant entitled to one-half interest in land and respondent ordered to transfer other half at price to be fixed - Duplicate certificate of title and duplicate mortgage missing - Application for vesting order - All other remedies exhausted - Trustee Act 1958 (No.6401), s56 - Transfer of Land Act 1958 (No.6399), s103.

Matrimonial causes - Petition alleging adultery of respondent with three specified persons - Petition not served on third-named person - Notice of withdrawal of proceedings against that person by mistake served on respondent and other co-respondents and filed - Petition not amended - Application for leave to remove notice from file or for leave to join person as co-respondent as petition out of time - Person specified in petition remains party - Declaration of nullity of notice - Matrimonial Causes Act 1959-1966 (Com.), s45 - Matrimonial Causes Rules 1960, r88(1).

Criminal law - "Publishes" - Meaning of - Distribution of pamphlet in street - Crimes Act 1914-1966 (Com.), s7A(b).

Statutes - Interpretation - Ambiguity - Reference to subsequent amendment.

Practice - Separate actions for libel and slander joined in writ - Consent order extending time for compliance with order for discovery and providing that defences be struck out in event of non-compliance - Time for compliance with consent order does not run in long vacation - Judgment entered pursuant to consent order - Assessment of damages by Prothonotary - Separate judgment should be entered for such damages - Damages to be separately assessed - Default by solicitor in not informing defendants of course of action - Time for compliance with consent order extended - Rules of the Supreme Court, O.27, r4 and r15; O.63, r4; O.64, r4(1), r6, r9 and r10.

Wills - Gift of goodwill of business "and all stock-in-trade, plant and equipment including the marine dealer's licence" - Whether such gift included a devise of the land and premises where business carried on - Meaning of "business", "goodwill", and "plant" considered - Whether gift included the debts due to the business - Whether gift subject to debts due by business.

Settled land - Gift of house and land upon trust to sell - During the lifetime of wife only with her consent - Wife to have full use thereof whilst unsold - Upon death of wife gift falling into residue if house property not previously sold - Whether the property was the subject of a "settlement" and "settled land" or whether land held upon trust for sale - Settled Land Act 1958 (No. 6367), s3, s8, s9, s10, s106(1) - Property Law Act 1958 (No.6344), s18.

Town and country planning - Direction by Minister to Board to prepare planning scheme - Land included in proposed scheme to be used for public purposes - Land in municipality - Consent by Minister to acquisition by Board of land for public purposes - Resolution of Board to acquire land for planning scheme - Notice to treat - Enforcement and carrying out of scheme before scheme approved - "Responsible authority" - Town and Country Planning Act 1961 (No.6849), as amended by Act No.7276, s3, s14, s16, s17, s25, s26, s28, s30, s32 and s40(1), s40(2).

Local government - "Charitable purposes" - Meaning of - Rate notices - Property used exclusively for poor persons of particular faith - Aged persons - Relief of - Special case - Local Government Act 1958 (No. 6299), s251, s304.

Practice - Application by summons for trial by jury - Application issued within time but returnable after time specified - Rules of the Supreme Court O.36, r6; O.64, r3(1).

Local government - Permit to erect flats - Whether proposed "site" complied with the dimensions prescribed in the Uniform Building Regulations - Whether the word "site" equivalent to "lot" or "allotment" - Refusal to grant permit - Appeal to referees - Powers of referees considered - City of Oakleigh by-law 157 (3)(ii) - Uniform Building Regulations, reg102, reg213, reg801(a), reg804, Table 804 - Local Government Act 158 (No.6299), s926(1)(o), Thirty-third Schedule, CL5(1) and CL7.

Certiorari - Act providing that referees' determination shall be "final and conclusive" - Whether certiorari applies - Error on the face of the record - Referees acting beyond power.

Criminal law - Justices - Indictable offence - Information for forgery - Striking out - Refusal to commit - Order to review - Motion to set aside order nisi - "Determination" - "Person aggrieved" - Meaning of - Justices Act 1958 (No. 6252), s3, s155. Administrative law - Indictable offence - Refusal to commit - Ministerial act - Whether reviewable.

Administration and probate - Testator's family maintenance - Claim by adult daughter with adult children - Will making no provision for applicant but estate divided between applicant's children - Applicant the only child of testatrix - Applicant only herself to support and estranged from two of her three children - Provision made for applicant both by her father during his lifetime and under his will - Applicant divorced and living with another man for some time prior to the death of the testatrix - Document left by testatrix giving reasons for making no provision in will - Whether testatrix failed in her duty to the applicant - Administration and Probate Act 1958 (No. 6191), PtIV.

Practice - Application to bring action in Supreme Court - Injury in course of employment by council - Accident occurring on land controlled by council - Severe injuries - Damages likely to exceed County Court jurisdiction - Exercise of discretion to grant leave - Local Government Act 1958 (No. 6299), s882.

Criminal law - Evidence - Confessions - Police powers of detention - Unlawful detention by police - Whether confessions voluntary - Whether excluded as unfair - Exercise of discretion - Finding on voir dire stated in charge.

Criminal law - Murder - Provocation - Essential elements - Whether evidence sufficient to go to jury.

Motor car - Meaning of - Insurance - Diesel excavator mounted on caterpillar tracks - Personal injury caused thereby - Judgment against operators of excavator - Judgment unsatisfied - Action against Incorporated Nominal Defendant - Whether excavator a "motor car" as defined - Whether closed street under reconstruction a "highway" as defined - Meaning of expression "used or intended for use on any highway" - Motor Car Act 1958 (No. 6325), s3, s6, s22c, s40, s50 - Local Government Act 1958 (No. 6299), s535, s539, s576, s657.

Wills - Charitable trusts - Gift to erect a church in memory of deceased's family - Whether valid charitable gift - Impracticability of carrying out - General charitable intention not manifested - Gift not able to be applied cy pres - Gift of residue to church to establish and maintain a farm training school to educate and train orphan and destitute boys - Valid charitable gift but impractical to carry out - General charitable intention disclosed - Gift applied cy pres.

Settled land - Gift to sister for life including her undivided half share in a farm owned by sister and deceased - Sale by sister of her half share - Purported lease by sister - Debts and duties not paid at time of purported lease - Whether land then held upon trust for sale for the purposes of administration - Whether land was "settled land" - Whether land stood "limited to or in trust for any persons by way of succession" - Whether purported lase valid - Residue after life interest and legacies given to the church for charitable purposes - Whether such successory interest was to a purpose and not to a "person" - Settled Land Act 1958 (No. 6367), s3, s8(1)(a), s9, s10, s110 - Property Law Act 1958 (No. 6344), s18 - Administration and Probate Act 1958 (No. 6191), s5, s13, s14, s37, s38, s39(2), s44(1) - Probate Duty Act 1962 (No. 6890), s30 - Estate Duty Assessment Act 1914-1967 (Com.), s35.

Criminal law and procedure - Appeal abandoned - Application to withdraw notice of abandonment - Power of court to grant application - Criminal Appeal Rules 1965, r6.

Limitation of actions - Infant - Whether infant "in the custody of a parent" at time of accrual of right of action - Test to be applied - Limitation of Actions Act 1958 (No.6295), s5(6), s23.

Discovery - Inspection - Privilege - Correspondence between solicitor and client - Allegation of fraudulent intent by client - Whether documents privileged from production - Rules of Supreme Court, O.31, r12, r19.

Insurance - Motor vehicle policy - Term in proposal declared to be basis of contract - Alleged misrepresentations and/or non disclosures in proposal - Length of time for which licence held stated incorrectly - Denial that car would be driven by holder of "provisional licence" - Insured in fact the holder of probationary licence - Whether misrepresentation material - Whether a prudent insurer would consider question to be material - Burden of proving materiality - Evidence by insurer of own practice of declining risk where probationary licence held - No evidence of general practice of insurers - Case of novelty or doubt - Evidence admissible but burden of proof not discharged - Instruments Act 1958 (No. 6279), s25.

Real property - Restrictive covenant - Applicant seeking to modify restriction which prevented any subdivision of land for residential purposes - Applicant partially successful - Objections by objectors unsuccessful but not frivolous - Costs - Discretion of court - Property Law Act 1958 (No. 6344), s84.

Practice and procedure - Discovery of documents - Tape recording of a telephone conversation - "Document" - Meaning of - Whether tape discoverable - Whether whole of tape recording to be tendered - RSC, O.31, r12.

Practice - Jury action - Damages for personal injuries - Mention in address by counsel of range of figures for general damages - Propriety.

Practice - Jury action - Damages for personal injuries - Mention by counsel of range of figures - Propriety.

Practice - Jury action - Claim for damages - Mention by counsel of figures or a range of figures for total damages or for general damages to the jury.

Criminal law - Rape - Consent - Mental capacity of prosecutrix to consent - Trial judge's direction to the jury - Misdirection - New trial.

Local government - Street construction scheme - Objections - Notice merely stating statutory ground, namely, that the street was not a private street or it may not be constructed pursuant to Division 10 of PtXIX of the Local Government Act - Notice containing insufficient particulars - Further notice objecting on the ground that street had already been constructed at the expense of the abutting owners - Particulars not limiting area of inquiry to some particular point or period of time - Notice not referring in terms to statutory ground - Sufficiency of notice - Local Government Act 1958 (No. 6299), s18(1)(k), s39, s575(1), s(3A), s576, s577, s578(1)(a) and s578(1)(b), s578(2)(a), s579(1), s579(2), s579(4), s600B.

Will - Interpretation - Devise of realty to one beneficiary absolutely subject to right of further beneficiary to reside in premises thereon indefinitely - Originating summons - Nature of rights created - Meaning of "provided" in a grant of realty - Effect on purchaser or mortgagee of property with notice of rights - Settled Land Act 1958 (No. 6367), s16(1), s38, s75, s107.

Motor car - Breathalyser - Certificate of breath test - Delivery of certificate "as soon as practicable" - Crimes Act 1958 (No. 6231), s408A - Motor Car Act 1958 (No. 6325), s81A.

Practice and procedure - Special case - Hypothetical facts - Questions of law stated for the opinion of the Court on the basis of assumptions of fact - Unsuitability of procedure - Refusal of Court to act.

Criminal law - Rape - Prior inconsistent statements - Written statement containing - Use of - Relevant to credit generally - Evidence of prosecutrix at trial differing from her police statement - Corroboration.

Criminal law - Murder - Defence of insanity abandoned at first trial - Issue of insanity disclaimed by defence at second trial - Conviction - Appeal - Defence of insanity raised at appeal - Crimes Act 1958 (No. 6231), s569(4), s574(b).

Motor car - Driving with excess percentage of alcohol in blood - Refusal to furnish sample of breath - Belief that direction given that members of police force should only be tested by a certain class of policeman - Whether that belief a "reason of a substantial character" for his refusal within the meaning of Crimes Act 1958 (No. 6231), s408A(5)(a).

Land compensation - Compensation consequent upon reservation of land under a planning scheme - "Adaptation" of provisions of Valuation of Lands Act - Claim for solatium - Compensation in respect of loss of profits - Liability for income tax - Town and Country Planning Act 1961 (No. 6849), s41 and s42 - Valuation of Land Act 1960 (No. 6653), s26 - Income Tax Assessment Act 1936-1969 (Com.), s26.

Infants - Action on behalf of - Approval of compromise - Application that moneys should not be paid into court - Moneys sought to be invested out of court - Supreme Court Act 1958 (No. 6387), s16, s188.

Shipping - Collision of tugs of a kind and in a location within the ordinary jurisdiction of the Court - Negligence - Rules for Prevention of Collisions at Sea - Indemnity claim by tugowner against owner of ship the subject of towage - Parties to a towage contract - United Kingdom Standard Towage Conditions - Whether damage suffered before final orders to tug to cast off ropes within the meaning of towage conditions - Marine Act 1958 (No. 6302), s132 - Supreme Court Act 1958 (No. 6387), s64(1).

Public health - Adulterated food - Defendant's reliance on warranty - Copy of warranty not given to informant - Informant's waiver - Printed warranty on cash sale invoice - Health Act 1958 (No.6270), s300, s301.

Land compensation - Compensation for subdivisional land - Whether special value of the land to the claimant to be taken into account - Expenses incurred due to failure of authority to determine application for permit - Owner led to believe that permit would be granted - Expenses incurred as a consequence - Special value including lost interest, rates paid, legal fees, stamp duty and additional survey expenses - Legal costs of appeal to the Minister not included - Town and Country Planning Act 1961 (No. 6849), s41, s412(6).

Companies - Director not acting honestly in discharge of his duties - Mens rea - Director not acting in interests of company - Particulars - Whether sufficient particulars given - Whether particulars capable of supporting charge - Common law power of courts of petty session to order defendant be furnished with more particulars of offence - Whether failure to make such an order leads to injustice - Informations not laid by Registrar - Consent of Minister - Whether consent must relate to the specific charge alleged - Companies Act 1961 (No. 6839), s124, s381.

Will - Charitable trusts - Gift for the purchase and establishment of land for establishment of native flora and fauna - Whether charitable gift - Benefit to the community required - Whether residue includes lapsed gift.

Testator's family maintenance - Intestacy - Application by illegitimate children - Principles applicable - Administration and Probate Act 1958 (No. 6191); PIV.

Companies - Application to court by liquidator for fixing of remuneration - "Failing a determination" - No agreement from committee of inspection nor meeting of creditors sought prior to application - Companies Act 1961 (No. 6839), s232.

Criminal law - Crimes Act - Conviction for assaulting a police officer - Application by police officer immediately after conviction for compensation for personal injuries inflicted by accused - Award of compensation made - Crimes Act 1958 (No. 6231), s546.

Estate agent - Purchase of land by wife of employee of agent - Employee concerned or interested in purchase - Consent of vendor not obtained - Offence - Defendant to account for any profit - Procedure for taking accounts - Estate Agents Act 1958 (No. 6245), s37(2), as amended by Act No. 6734 - Justices Act 1958 (No. 6282), s113, s129(1)(a) and s129(1)(b).

Local government - Reference of advisability of union of several municipalities to a local government advisory board - Action by municipality for injunctions and declarations against the Minister for Local Government and the local government advisory board - Summons taken out by Minister to stay action - Whether Minister bound to comply with rules of natural justice before making reference - Whether bound to make material available to plaintiff - Action stayed - Local Government Act 1958 (No. 6299), s18(1), s24.

Practice and procedure - Court of petty sessions - Order to review - Direct conflict between affidavits - Affidavit supporting decision of court to be accepted - Desirability of courts of petty sessions making and keeping notes of evidence - Complainant's witness giving evidence at close of defendant's case - Whether miscarriage.

Contract - Unincorporated associations - Action to enforce contract - Members at date of writ not identical with members at date of agreement - Representative action - Fluctuating class of members - Rules of the Supreme Court, O.16, r9.

Contract - Unincorporated associations - Agreement entered into by office bearers - Fluctuating membership - Whether members bound - Whether parties to agreement personally liable.

Negligence - Breach of statutory duty by employer - Carelessness, inadvertence or lack of judgment by employee - May amount to contributory negligence - Dependent upon particular facts.

Shipping - Damage to property - Whether statute imposes absolute liability for damage to property owned by the Commissioners - Section only extending area of vicarious liability - Geelong Harbor Trust Act 1928 (No. 3691), s110, as enacted by Geelong Harbor Trust (Amendment) Act 1951 (No. 5607), s10, now Geelong Harbor Trust Act 1958 (No. 6958), s108.

Precedents - Conflict between decision of High Court and decision of House of Lords - Decision of High Court to be followed.

Motor car - Settlement of claim for damages for personal injuries - Negotiations by plaintiff's solicitor with authorized insurer prior to issue of writ - Offer of settlement by plaintiff - Counter-offer - Offer to accept payment - Not offer to accept promise of payment - Defence of accord and satisfaction - Parties not ad idem - Nature of counter - offer enclosing release - Release not signed.

Justices - Information for offence - Conviction announced - Whether power to adjourn further hearing upon recognizance notwithstanding finding and announcement of conviction - Justices Act 1958 (No. 6282), s92(6), as amended by Justices (Adjourned Proceedings) Act 1963 (No. 7040), s2.

Matrimonial causes - Petition by husband for divorce on ground of admitted adultery - Claim by wife for settlement in respect of matrimonial home or otherwise - Home purchased and paid for by husband - Application made by wife for orders under s161, Marriage Act 1958 (Vic.) - Inconsistency - Commonwealth legislation covering the field - No inter se question raised - State legislation inoperative to extent of inconsistency - State legislation inoperative once matrimonial cause instituted - State legislation even if operative not within expression "all other relevant circumstances" (s84(1)) nor "in the circumstances of the case" (86(1) of the Matrimonial Causes Act (Com.)) - Matrimonial Causes Act 1959-1966 (Com.), s84,86 and s87 - Commonwealth Constitution, s109 - Marriage Act 1958 (No. 6306) (Vic.) as amended by Act No. 6924), s161.

Contract - "Licensee" of flat - Agreement to pay proportion of "annual cost of maintaining" property - Meaning of - Directors to fix proportion - Discretion exercised in respect of estimated cost for a future year - Validity.

Estate agent - Commission - Evidence - Engagement or appointment in respect of transaction to be in writing - Description of property in appointment not corresponding with property sold - Evidence as to surrounding circumstances admissible - Extrinsic evidence as to subject-matter - Whether admissible - Appointment not containing reference to chattels sold - Whether substantially the same transaction - Estate Agents Act 1958 (No. 6245), s33(1)(b).

Criminal law - Evidence - Confessional statement - Accused unable to understand or read English - Interrogation through interpreter - Record of interview read over by interpreter - Record signed by accused Admissibility of document.

Practice - Dismissal of action for want of prosecution - Inordinate delay in office of solicitors of plaintiffs - Action not yet statute barred - Defendant standing by and not proceeding with counter-claim - Expert witnesses of defendant no longer in its employ - One witness deceased - Delays not really prejudicing defence excepting as to costs - Whether justice requires dismissal of action - General discretion of the Court - Defendant protected by an appropriate order as to costs - Whether order should be made against plaintiffs' solicitors for payment of costs - Rules of the Supreme Court, O.27, r11; O.36, r12; O.65, r11.

Practice - Discovery - Action arising out of collision of motor car with tramway post - Allegation that post constituted a nuisance - Reports as to prior accidents - Whether discoverable - Rules of the Supreme Court, O.31, r12.

Practice - Application for leave to bring proposed action in Supreme Court - Injury in course of employment by council - Accident occurring on land controlled by council - Local Government Act 1958 (No. 6249), s882.

Will - Residue to "nephews and nieces" - Whether nephews and nieces both by consanguinity and by affinity entitled - No sufficient context to displace ordinary meaning of expression.

Companies - Schemes of arrangement - Taking over of "loss-company" - Applications for approval of schemes - Companies in the course of a creditors voluntary winding up - Court's power to stay the winding up - Not only interests of the creditors to be considered - Whether schemes conducive to commercial morality and in the interests of the public - Whether schemes should be modified or conditions imposed - No evidence as to the future prospects of the companies - Companies Act 1961 (No. 6839), s181, s216(2), s243, s256, s274.

Criminal law - Motor car - Breathalyser certificate prima facie evidence of blood alcohol content - Presumption may be rebutted - Crimes Act 1958 (No. 6231), s408A - Motor Car Act 1958, (No. 6325), s81.

Company - Liquidation - Inability to pay debts - Matters to be considered - Conveyance, transfer or payment having effect of giving a preference, priority or advantage - Whole arrangement to be considered - Purchaser in good faith - Must be an ordinary business transaction - Payment void as a preference not to be set off - Bankruptcy Act 1924-1965 (Com.), s82, s95 - Companies Act 1961 (Vic.) (No. 6839), s293.

Justices - Practice and procedure - Summons returnable at 10 a.m. - Court appointed to sit at 10.15 a.m. - Whether summons a nullity - Whether defect was a mere irregularity - Power to amend summons - Defendant applying for an adjournment and delivering and answering interrogatories before objection to jurisdiction - Waiver of irregularity - No prejudice suffered by parties if summons proceeded with - Justices Act 1958 (No. 6282), s5, s19, s20, s21, s22, s23, s31(1), s34(2), s63, s64(1), s67, s68(1), s92, s99, s200 Justices Act Rules 1963, Ch. III, r2, r10, r51.

Town and country planning - Appeals Tribunal - Appeal from decision of shire - Procedure - Statement of grounds of opposition to appeal not lodged - Mandatory obligation - Duty of tribunal to act according to equity and good conscience - Not bound by legal technicalities - Right to permit persons to be heard - Town and Country Planning Act 1961 (No. 6849), s19A, s20, s21, s22.

Criminal law - Self-defence - Elements of defence considered - Principles of necessity and proportion - Assault occasioning actual bodily harm - Misdirection by trial judge.

Negligence - Duty of care - Whether employer failed to exercise reasonable care for the safety of employee - Wharf-labourer falling whilst unloading wool bales - Single pronged hook being used by him when hook came out of bale - Hook universally used by wharf-labourers - Whether system of work unsafe - Provision of double-pronged hook or mobile fork lift considered - Not open to find negligence on the part of the employer.

Motor car - Unregistered unless driven with a special identification plate and "only for one or more of the trade purposes specified" - Relevant trade purpose including "testing" and "selling the car or delivering the car for or after sale" - Car being tested by employee of dealer and at the same time being driven from his home to the place where it was to be offered for sale - Employee not entitled to protection of Act - Car not being used solely for the purposes specified in the Act - Motor Car Act 1958 (No.6325), s16(2), s17(1).

Criminal law - Conviction - Application to call evidence on appeal - Allegation that evidence given at trial false - Discretion of court - Principles applicable.

Criminal law - Trial - Evidence - Admissibility - Evidence of statement made in the presence of the accused by a person not called as a witness - Voir dire - Admissible only if inference of adoption may be drawn - Failure to caution jury as to danger of treating statement as independent evidence of facts alleged in it - Whether substantial miscarriage of justice - New trial.

Contract - Share broker and client - Terms of contract - Whether Rules of Stock Exchange applicable - Statement on bought and sold notes that "Subject to the rules and regulations of the Stock Exchange of Melbourne" - First transaction - Subsequent transactions - Nature of broker's rights against client - Express contract - Customary right - Broker's lien - Right of broker to sell shares - Summons for final judgment - Whether arguable defence raised.

Criminal law - Murder - Crown case based on circumstantial evidence - Evidence of prior threats by appellant to kill wife and of unhappy relationship between appellant and wife - Admissibility - Remoteness - Whether evidence tended to prove motive for crime - Prejudice to defence - Discretion of trial judge - Prejudicial pre-trial publicity - Whether raised by cross-examination - Whether jury ought to be discharged.

Contract - Claim for damages for breach of contract or for negligence - Contributory negligence raised as a defence to a claim in contract - Nature of claim - Apportionment of damages - Wrongs Act 1958 (No. 6420), s26.

Settlements - Proper law - Construction and interpretation - Use of precedents - Whether gifts to "children" confined to legitimate children - Whether "children" includes a child legitimated by adoption - Adoption of Children Act 1964 (No.7147).

Town and country planning - Interim development order - Determination to grant permit to use land - Appeal to Town Planning Appeals Tribunal not a bar to action for declaration that determination void - Town and Country Planning Act 1961 (No. 6849), s19.

Practice - Order for preservation and inspection of property or a thing - Tape recording of proceedings of statutory authority which are challenged by action - Order for preservation and production to enable transcript of recording to be made - Rules of the Supreme Court, O.50, r3.

Practice - Trial of action - Application for particulars of loss of income claimed as special damages - Whether special damages or in the nature of general damages.

County Court - "Special" summons - Claim not for liquidated amount - Rules of Court providing for "special" summons in respect of liquidated claims and "ordinary" summons in respect of unliquidated claims - Application to amend "special" summons to "ordinary" summons - Amendment allowed - Appeal - Whether summons a nullity ab initio or merely irregularly issued - History of legislation relating to issue of summonses in Victorian County Court - County Court Act 1958 (No. 6230), s56,and s78 - County Court (Amendment) Act 1962 (No. 6951), s5 - County Court Rules 1964 (SR. No. 80 of 1964), O.1, r1; O.2, r1, r3, r4, r8; O.5, r8; O.6, r15, r16(a); O.15; O.46, r6; O.48, r3; O.52, r1, r2.

Contract - Lease of premises - Lease containing option to purchase - Assignment of lease and of option - Whether option enforceable by assignee - Property Law Act 1958 (No. 6344), s144.

Workers compensation - Widow's claim in respect of deceased worker - Both widow and deceased in receipt of old age pension - Whether widow wholly or mainly dependent upon deceased's earnings from employment - Whether pension to be taken into account in determining existence or extent of dependency - Case stated - Certain findings not set out in case - Powers of Full Court in relation to irregularity - Workers Compensation Act 1958 (No. 6419), s9 (CL1-CL3), s56.

Administration and probate - Estate of deceased - Estate duty - Gift in will for "the amelioration of the condition of the dependants...of Her Majesty's forces or the forces of the Commonwealth" - Whether charitable gift - Statutory exemption - For the relief of persons in necessitous circumstances in Australia - Whether gift falls within exemption - Whether gift confined to persons within Australia - Whether dutiable - Property Law Act 1958 (No. 6344), s131 - Estate Duty Assessment Act 1914-1966 (Com.), s8(5)(c)(ii).

Criminal law - Trial - Duty of trial judge to direct jury as to the law applicable and relate it to the facts - Duty to put defence fairly - Miscarriage of justice - Crimes Act 1958 (No. 6231), s568.

Electoral laws - Compulsory voting - Failure to vote - No preference held as to candidates - Whether "valid and sufficient reason" for failure to vote - Electoral Act 1918- 1966 (Com.), s128A(12).

Practice and procedure - Magistrates' Court - Proof of information by averments - No appearance by informant - State legislation that on non-appearance information to be dismissed - Waiver by defendant - Commonwealth legislation inconsistent therewith - Applicability of State legislation - Evidence Act 1905-1964 (Com.), s4, s4A, s5 - Electoral and Referendum Regulations (Com.), reg75, reg83; forms 39, 45, 46 - Justices Act 1958 (No. 6282), (Vic.) s91(10), s219.

Criminal law - Sentence - Verdict of not guilty of rape but guilty of rape with mitigating circumstances - Mitigating circumstances to be considered by judge in determining sentence - Crimes Act 1958 (No. 6231), s44(1), s44(2).

Criminal law - Illegal use of motor vehicle - Licence to use vehicle for limited purpose - Use of vehicle beyond agreed purpose - User unauthorized and unlawful - "Take and use" - Duplicity - Information for attempted offence - Evidence of completed offence - Crimes Act 1958 (No. 6231), s81(2).

Private international law - Action for damages by resident of Victoria for negligent acts committed in Tasmania - Action against Victorian administrator of the estate of the deceased driver - No administrator appointed in Tasmania - Administration and Probate Act 1958 (No. 6191), s29.

Contract - Promise to pay money owing to third party under existing agreement with third party - Right of promisee - Damages - Specific performance. Justices - Court of petty sessions - Special jurisdiction - Power to grant equitable remedies not a general jurisdiction in equity - Justices Act 1958 (No.6282), s68(1), s68(3).

Justices - Evidence and procedure - Claim and counter-claim - Affidavit by complainant as to facts - No objection taken to affidavit - Complainant not called as witness - Evidence called for defendant in contradiction - Order on counter-claim - Order nisi to review - Justices Act Rules 1963, Ch. III, r79(6).

Husband and wife - Matrimonial home - Property in husband's name - Wife's application of declaration that parties jointly entitled - Mortgage - Wife's interest subject to mortgage - Court's discretion - Matters considered - Order for sale - Additional mortgage moneys to be deducted from husband's share of proceeds - Marriage Act 1958 (No. 6306), s161 - Marriage (Property) Act 1962 (No. 6924), s3.

Damages - Action by widow under Wrongs Act - Previous award of workers compensation to children of deceased in respect of same death - Fund administered by Workers Compensation Board - Discretionary power in Board to make payments to widow - Whether relevant to common law action by widow - Whether prospective interest in fund "sum paid or payable by way of pension benefit or allowance under any law of the Commonwealth or the State" - Workers Compensation Act 1958 (No. 6419), s34 - Wrongs Act 1958 (No. 6420), s19 (as amended by the Wrongs (Assessment of Damages) Act 1966 (No. 7496)).

Criminal law - Trial by jury - Plea of not guilty - Re-arraignment of accused in course of trial - Change of plea to guilty - Discharge of jury without verdict - Acceptance by trial judge of plea of guilty - Validity of conviction.

Health - Sale of adulterated food - Defence of reasonable precautions - "Reasonable precautions against committing an offence" - "Otherwise he acted innocently" - "Analysis or other adequate test" - Meaning of - Whether defence made out - Health Act 1958 (No. 6270), s238, s240, s291.

Married woman - Decree nisi not absolute when spouse dies intestate - Application for provision out of estate - Application not made within six months of grant of letters of administration - Extension of time - Marriage Act 1958 (No. 6306), s159(3).

Matrimonial causes - Petition for decree of nullity - Petition instituted by father claiming daughter's marriage void - Daughter of full age - Financial interest of the petitioner in the invalidity of the marriage - Respondent (daughter) incapable of understanding marriage contract - Decree of nullity - Matrimonial Causes Act 1959 (Com.), s18(1)(d), s21(1)(b), s21(2) - Matrimonial Causes Rules, r309-r315.

Motor car - Driving under the influence - Driving with excess percentage of alcohol in blood - Intoxication induced by companions without defendant's knowledge or intent - Informations dismissed - Order to review - Motor Car Act 1958 (No. 6325), s80, s80B and s81A (as amended by Acts Nos7327 and 7645).