Matrimonial causes - Attachment of earnings order - "Normal deduction rate" - "Protected earnings rate" - Whether costs be recovered - What are "payments under a maintenance order" - Form of order - Appropriate procedure - Matrimonial Causes Act 1959-1966 (Com.), s87, s106 and Third Schedule.

Criminal law - Traffic infringement - Information naming as defendant a non-existent juristic person - Order to review obtained on behalf of "defendant" - Power of court on its own motion to strike out information and quash conviction - "Owner" - Meaning of - Road Traffic Act 1958 (No. 6359), s9, s11, s11A, s12, s13 - Motor Car Act 1958 (No. 6325), s3, s6 - Justice Act (No. 6282), s18, s20, s21, s23, s155.

Private international law - Divorce - Recognition of foreign decrees - Divorce obtained by husband after brief residence in Nevada - No abandonment of Australian domicile of choice - Jurisdiction.

Matrimonial causes - Divorce - Recognition of foreign decrees - Nevada decree - No abandonment of Australian domicile of choice by respondent - Matrimonial Causes Act 1959-1966 (Com.), s95.

Constitutional law - Election to Legislative Council of Victoria - Qualification of person so elected - Reference to Court of Disputed Returns - "Convicted of felony" - Children's Court conviction - Whether capable of being elected - "Felony" - Meaning of - Constitution Act Amendment Act 1958 (No.6224), s73, s280, s300, s301 - Children's Court Act 1958 (No.6218), s42 - 9 Geo.4, c.32, s3 - Crimes Act 1958 (No.6231), s544.

Criminal law - Trial - Procedure - Number of accused - General charge followed by particular charge and verdict in respect of each individual accused - Discretion of trial judge - Evidence - Bankers' books - Admissibility - Evidence Act 1958 (No.6246), as amended by Evidence (Bankers' Books) Act 1969 (No.7881).

Criminal law - Conspiracy to defraud - Particulars of counts - Sufficiency - Duplicity.

Local government - Inquiry into advisability of union of two or more municipalities "the municipal districts whereof form one continuous area" - Applications for declarations and injunction against Advisory Board - Two of the four municipalities not contiguous - Local Government Act 1958 (No. 6299), s24, as amended by Local Government (Constitution of Municipalities) Act 1965 (No. 7323).

Criminal law - Practice - Trial - Adjournment sought by accused to call witnesses to support defence of alibi - Discretion of trial judge - Denial of justice - Applications to be supported by evidence.

Criminal law - Receiving - Evidence that goods were stolen - Only evidence being admissions by accused - Sufficiency of evidence

Criminal Law - Motor car - Blood alcohol contents exceeding .05 per cent - Breath analysis test - Whether certificate "in or to the effect of" relevant Schedule - Motor Car Act 1958 (No. 6325), s81A - Crimes Act 1958 (No. 6231), s408A, Schedule Seven A.

Criminal law - Evidence - Alleged call to telephone exchange shortly prior to death - Evidence by telephone operator identifying woman's voice and of contents of call - Evidence of "verbal facts" - Res gestae - Admissibility of non-expert opinion.

Criminal law - Murder - Appeal - Crown case based on circumstantial evidence - Conviction - Function of appeal court on review of jury's verdict.

Justices - Order "setting aside" conviction and directing rehearing - Effect of - Whether original conviction a nullity for all purposes - Justices Act 1958 (No. 6282), s69.

Motor car - Traffic informations - No appearance by defendant - Defendant convicted and licence cancelled - Subsequent arrest for driving while licence cancelled - Application for rehearing - Application granted - Defendant convicted on rehearing - Information alleging driving whilst licence cancelled subsequently heard - Information dismissed - Motor Car Act 1958 (No. 6325), s22B(1), 22B(3), s28

Defamation - Board of inquiry - Inquiry appointed by Order in Council into allegations of police malpractice - Counsel briefed to assist board - Opening address by counsel assisting board - Alleged defamation - Privilege - Whether occasion of qualified or absolute privilege - History and basis of boards of inquiry - Public interest as basis for rule of absolute privilege - Absolute privilege not confined to proceedings before courts of law - Whether publication of alleged defamation authorized - Evidence Act 1958 (No.6246), s30.

Practice - Summons to strike out writ - No reasonable cause of action - Principles applicable.

Wills - Interpretation - Gifts of shares in a named company - Testator owning no shares in that company at death - Whether gifts general, legacies or specific bequests - Shares still existing at the testator's death but unobtainable - Nothing in will to show that testator was referring to shares belonging to him although he owned shares in that company at date of will - Gifts to be construed as general legacies - Legatees entitled to value of shares as at the expiry of a year from the testator's death together with interest.

Practice - Appeal - Leave to appeal to Privy Council - Decision of Full Court upon case stated by Workers Compensation Board - Whether the "merits" of the case "concluded" thereby - Whether the decision was a "final judgment" - Exercise of court's discretion as to granting leave - Time within which application to be made - Court to which application to be made - Workers Compensation Act 1958 (No 6419), s9 CL3 - Supreme Court Act 1958 (No 6387), s218 - Rules Relating to Appeals to the Privy Council 1911, r2.

Life assurance - Policy - Interpretation - Provision for reference to arbitration in the event of any dispute between company and "the assured" in relation to annexure - Meaning of "assured" considered - Policy to wife on the life of her husband - Policy referring to wife as the "member" and husband as the "assured" - Whether ordinary meaning of the word "assured" displaced - Whether arbitration clause applicable to claimant wife.

Arbitration - Stay of proceedings - Insurance contract - Life insurance - Annexure to policy providing for additional death by accident benefit - Scott v Avery arbitration clause contained in annexure - Whether arbitration condition excluded by s28 of the Instruments Act 1958 - Operation of Commonwealth and State Acts - Continuous disability insurance contract - Whether contract of more than one year's duration - Life Insurance Act 1945-1965 (Com.), s4, s8(1) - Instruments Act 1958 (No. 6279), s28, s29(3).

Criminal law - Sentence - Rape - Considerations relevant - Effect of assault on victim - Relevance of other acts where accused acquitted - Pre-sentence reports - Use of-Discretion of trial judge miscarried - Assessment of penalty by Full Court.

Matrimonial causes - Divorce - Recognition of foreign decrees - Decree based on 12 months' residence - Petitioner not in fact so resident - No service of proceedings on respondent - False statement by petitioner that respondent's address not known - Natural justice - Principles of recognition of foreign decrees - Matrimonial Causes Act 1959-1966 (Com.), s95.

Custody - Access - Pregnancy of wife by artificial insemination with consent of husband - Deterioration of relationship between parties after birth of child - Application by wife for custody and for order restraining husband from any access - Cross-summons by husband for access - Dismissal of husband's application - Appeal by husband - Principles concerning access by the non-custodial parent - Principles concerning function of appellate court on an appeal against the findings of fact by the trial judge - Marriage Act 1958 (No. 6306).

Tort - Deceit - Rescission of contract for sale of land by purchasers - Damages for deceit claimed against vendors' agents - Measure of damages.

Summary offences - Possession of property suspected of being stolen - Actual possession - Goods found in locked trunk in premises rented by the defendant and her husband - Key in possession of defendant - Admissions by defendant - Summary Offences Act 1966 (No. 7405), s26.

Stamp duty - Whether deed chargeable with duty as a "covenant" securing the repayment of money to be lent - Case stated - Clauses in deed providing for company A to make to company B a loan repayable on a certain date with proviso for earlier repayment - Duty chargeable upon every "covenant" according to "the amount secured thereby" - Duty payable where covenants are the only source of an obligation to repay money - "Covenant" extends to a covenant to repay future advances - Deed not providing for the making of future contracts to repay - Stamps Act 1958 (No. 6375), s32, s33, s137D, s137F, s137I, Headings XXII and XXIV of the Third Schedule.

Criminal law - Procedure - Two accused convicted of separate acts of rape on one count in presentment - Separate count for each separate charge required - Convictions an irregularity going to the root of the trial - Powers of Full Court to substitute a conviction for carnal knowledge notwithstanding verdict of not guilty to that count - Crimes Act 1958 (No. 6231), s568(1), s569(2), Sixth Schedule, r3.

Stamp duty - Whether duty payable on sums subscribed to company by persons already holders of debentures under trust deeds - Whether moneys so subscribed were "subscribed for by the public" - Stamps Act 1958 (No. 6375), s137M(1), s137M(2).

Land compensation - Land compulsorily acquired - Land sold and resold on terms by successive purchasers - Assignment by head vendor of all rights under contract - Interest of assignee - Nature of - Whether equitable lien and interest in land - Whether compensable - Valuation of Land Act 1960 (No. 6653), s32(3), s47(3).

Criminal law - Wounding with intent to murder - Defence of insanity - Instructions to counsel - Instructions changed after jury retired to consider verdict - Conviction - New defence raised on appeal - "Miscarriage of justice" - Crimes Act 1958 (No. 6231), s568(1).

Evidence - Procedure - Taking of evidence on commission - Civil proceedings originating from the Supreme Court of the Province of Alberta, Canada - Procedure - Evidence by Commission Act 1859 (Imp.) - Evidence by Commission Act 1885 (Imp.).

Practice - Order to review decision that defendant had case to answer - Summons issued by informant six months after granting of order nisi - Summons seeking to set aside order nisi - Chambers rules governing applications to set aside orders nisi - Special circumstances - Delay - Whether magistrate's decision a reviewable order - Justices Act 1958 (No.6282), s155 - Rules of the Supreme Court, O.54, r14, r16, r17.

Health Act - Sale of instant coffee allegedly deemed adulterated - Prescribed standard - Whether non-compliance therewith - Whether regulation in fact prescribed a definite standard - Scientific evidence to the contrary - Regulation ultra vires and invalid - Whether regulation impeachable in court of petty sessions - Proclamation of Governor in Council specifying certain foods, drugs and substances, including "canned food" - Four tins of instant coffee purchased by informant - Whether "canned food" - Whether samples properly dealt with - Health Act 1958 (No. 6270), s273, s281, s289, s379, s389, s390 - Local Government Act 1958 (No. 6299), s232(2) - Food and Drug Standard Regulations 1966 (as amended), reg27, reg29(1), reg31(3), reg43(8)(a).

Service and execution of process - Extradition - Warrant issued in another State endorsed for execution in Victoria - Extradition order - Whether power to make order discretionary - No particulars of offence charged asked for or given - Whether extradition order unjust or oppressive - Burden of raising matters on which order should be refused - Service and Execution of Process Act 1901-1963 (Com.), s18(1), s18(3), s18(6).

Damages - Industrial accident - Severe personal injuries - Substantial future economic loss - Verdict of jury - Appeal on ground that verdict inadequate - Duty of appellate court.

Probate duty - Notional estate - Shares in company controlled by deceased - Shares issued at par - Nominal value less than full value upon issue - Whether issued otherwise than for a full consideration in money or money's worth - Shares deemed subject-matter of gift by deceased - Whether bona fide possession and enjoyment capable of being assumed by donee while company controlled by deceased - Probate Duty Act 1962 (No. 6890), s7(1)(d)(ii), s(2)(b).

Motor car - Third-party insurance - Unsatisfied judgment - Action against authorized insurer - "Driver" - Whether a person can be a driver without intending to drive - Use of motor car - Intention to drive immaterial - Whether a driver is indemnified against liability incurred to another driver of same motor car - Motor Car Act 1958 (No. 6325), s46(2)(b), s47(1).

Practice - Appeal from the master - Notice of appeal served within time but returnable after time specified - Whether appeal out of time - Rules of the Supreme Court, O.54, r16(2).

Betting - Whether stolen or embezzled money can be recovered from Totalizator Agency Board - Lotteries Gaming and Betting Act 1966 (No. 7429) - Racing Act 1958 (No. 6353) - Racing (Totalizators Extension) Act 1960 (No. 6619).

Arbitration - Error on face of award - Application to set aside award - Reference to contract in award - Incorporation in award - Principles applicable.

Criminal law - Jury - Challenge for cause - Trial of the issue raised by the challenge - Procedure in Act not complied with - Mandatory provision - Jury irregularly constituted - Whether any miscarriage of justice - Change of plea by accused - Whether waiver of irregularity - Juries Act 1967 (No. 7651), s38 - Crimes Act 1958 (No. 6231), s568(1).

Workers compensation - Hospital services rendered to worker - Account unpaid - Judgment against worker for payment of services - Claim within exclusive jurisdiction of Workers Compensation Board - Meaning of expression "liable to pay" - Certiorari - Workers Compensation Act 1958 (No. 6419), s26(10).

Criminal law - Statutory offence - Mens rea - Causing timber in protected forest to be sold without licence - "Protected forest" - Mistake of fact - Mistaken belief that the area was not a protected forest - Belief not founded on reasonable grounds - Forests Act 1958 (No. 6254), s3(1), s52, s58(1), s59(1), s96 - Land Act 1958 (No. 6284), s399.

Contract - Written contract for sale of business - Oral agreement varying material terms - Fundamental breach by purchasers - Repudiation accepted by vendors - Vendors vacating premises on due date - Claim in County Court for relief against forfeiture - No general equitable jurisdiction - Purchasers claim for moneys had and received - Vendors counter-claim for balance of price or for damages for breach - No evidence of loss in value of business - Deposit retained by vendor - County Court Act 1958 (No. 6230), s41.

Practice - County Court - Equitable jurisdiction - Extent of - County Court Act 1958 (No. 6230), s41.

Criminal law - Local government - Information laid by engineer alleging interference with building inspector in the course of duties - Particulars of information disclosing assault - Defendant previously convicted of this assault - Whether plea of autrefois convict applicable to summary prosecutions - Whether defence of nemo debet bis vexari pro una et eadem causa applicable to summary prosecutions - Local Government Act 1958 (No.6299), s826, s831 - Acts Interpretation Act 1958 (No. 6159), s28 - Justices Act 1958 (No.6282).

Local government - Power to prosecute - Municipalities empowered to appoint officers to discharge duties of building inspectors - Persons so appointed empowered to "make such inspections and discharge such other duties as the council directs in order to secure the due observance of this. Part and the regulations" - Inspector duly appointed - Whether empowered to prosecute - Local Government Act 1958 (No.6299), s826, s831(3).

Justices Act - Summary jurisdiction - Plea of autrefois convict not open - Plea of nemo debet bis vexari pro una et eadem causa - Justices Act 1958 (No.6282).

Criminal law - Committal by Coroner of applicant on charge of murder - Issue of warrant by Coroner for apprehension and commitment of applicant - Direction that applicant be held pending trial at a particular gaol - Whether court has power to direct applicant to be held at another gaol or an alternative place - Coroners Act 1958 (No. 6227), s12(1).

Contract - Guarantee - Construction - Guarantee addressed "to each and every member of" two associations - Liability limited to $3000 - Principal insolvent and dealing with various members of the associations - Whether the limit imposed was to all the creditors or to each creditor.

Local government - Street construction - Service of notice - "Last-known place of abode" - Meaning of - Validity of scheme - Effect of non-service of notice - "any defect...in the procedures...relating thereto" - Meaning of "Finally settled" scheme - Indebtedness of owner - Whether presently liable to pay - Costs - Discretion - Litigation due to carelessness by defendant - Local Government Act 1958 (No.6299), s576, s578, s579, s580, s581, s582.

Negligence - Master and servant - Safe system of working - Failure to adopt safe system not a ground of liability distinct from negligence - Sufficiency of charge to jury.

Practice - Pleadings - Negligence - Unsafe system of work - Method of pleading considered.

Probate duty - Notional estate - Notional estate passing to residuary beneficiary - Estate insufficient to pay probate and estate duties and pecuniary legacies in full - Liability of recipient of notional estate for amount of duty paid on notional estate - Whether residuary beneficiary entitled to relief from liability - As against residuary estate - As against legatees - Whether contrary intention appeared in will - Probate Duty Act 1962 (No. 6890), s26.

Administration and probate - Jurisdiction - Private international law - Motor car collision in Victoria with non-resident - Death of non-resident subsequently - Action in Victoria against foreign personal representative struck out - Application in Victoria by plaintiff for grant of letters of administration ad litem - Probate jurisdiction - Jurisdiction of Court to grant letters of administration ad litem - Whether any assets of deceased in Victoria - Comprehensive motor vehicle insurance policy - Right to indemnity thereunder - Local situation of chose in action is where obligor resides - Administration and Probate Act 1958 (No. 6191), s6, s29(3), s67 - Supreme Court Act 1958 (No. 6387), s17, s18 - Service and Execution of Process Act 1901-1963 (Com.), s11.

Practice - Limitation of actions - Amendment of a statement of claim after expiry of limitation period - Action against employer for damages for negligence - Amendment alleging breach of statutory duty - Whether new cause of action raised - Limitations of Actions Act 1958 s5(6) - Rules of Supreme Court O.28, r1.

Criminal law - Incest and indecent assault - Absence of recent complaints - Case reopened after charge - Prosecutrix recalled and evidence as to complaints amplified - Exceptional circumstances required before case should be reopened - Discretion wrongly exercised - Whether a substantial miscarriage of justice - Directions as to burden of proof considered - Unsworn evidence of a child of tender years - Admitted under statutory provision - Whether amounts to corroboration - Crimes Act 1958 (No. 6231), s568(1) - Evidence Act 1958 (No. 6246), s23, as substituted by the Evidence (Children) Act 1961 (No. 6758).

Will - Originating summons - Devise of house property to be used by "the aboriginals" as a holiday hostel - Meaning of "the aboriginals" - House destroyed by fire - Whether charitable devise - Whether practicable devise - Inquiry by master - Certificate by master that devise impracticable - Whether general charitable intent exhibited by will - Whether scheme cy pres should be settled - Failure of gift - Next of kin to take - Appeal by Attorney-General.

Damages - Personal injuries - Future economic loss - Jury's assessment - Appeal - Whether verdict excessive.

Appeal - Practice - Appeal as to negligence and damages - Appeal successful as to damages - Whether new trial on all issues - Power to order new trial - Power to impose conditions - Guidance to jury on damages.

Criminal law - Murder - Defence of accident - Evidence of bad relations between accused and deceased for 12 months prior to death - Relevance - Prejudice - Whether evidence should be rejected as a matter of discretion - Witness not adhering to testimony given at inquest - Defence taken by surprise and prejudiced - Application for discharge of jury - Whether prejudice caused by unreliable evidence - Discretion of trial judge correctly exercised - No irreversible prejudice caused to the accused by false evidence.

Criminal law - Sentence - Powers of County Court - Commencement date of sentence - Gaols Act 1958 (No. 6259), s18(1) (as substituted by Gaols (Commencement of Sentences) Act 1966 (No.7469)) - Supreme Court Act 1958 (No. 6387), s44, s178A(1).

Damages - Personal injury - Final address of counsel - Invitation to jury to assume value of a specified sum for a specified period at a specified rate of interest - Actuarial tables - Ruling.

Justices - Default summons for civil debt recoverable summarily - Act providing for summons to be served by delivering a copy with two notices to defend in the form of the Second Schedule - Subsequent rule requiring the notices to be in a different form - Rule requiring complainant to insert in the notice to defend the date for hearing, the names of the parties, and the place where the court is to be held - Summons struck out for non-compliance with rule - Whether rule invalid as repugnant to Act and Second Schedule - Form in the new rules inconsistent with form in Schedule - Justices Act 1958 (No. 6282), s4(1), s5, s21, s67(4), s102, s155(1), s158, Second Schedule, Form 64 - Justices Act Rules 1963 (as amended by SR. No. 183 of 1965), Chapter II, r16A, r60, Form 3A of the First Schedule.

Transfer of land - Caveat - Removal thereof - "Adversely affected" - When caveat is in force - Whether in proper form - Incompetent proceedings - Transfer of Land Act 1958 (No. 6399), s6(3), s36(2), s89, s89A, s90, s91, s103, s105.

Criminal law - Sentence - Date of commencement - Whether power to antedate the commencement of sentence - Validity of sentence - Imposition of second sentence - Validity - Gaols Act 1958 (No. 6259), s18(1) (as amended by Gaols (Commencement of Sentences) Act 1966 (No. 7469)).

Contract - Damages - Building contract - Plumbing work - Construction of drains - Malfunction after completion - Whether breach of contract - Whether caused by breach of contract - Original plan unsatisfactory and requiring replacement in any event - Work wholly taken up and replaced by fundamentally different work - Measure of damages - Principles applicable.

Criminal law - Appeal - Application to withdraw notice of abandonment - Document notifying abandonment of appeal - Mistake by person signing document - Criminal Appeal Rules 1965, r6.

Matrimonial causes - Divorce - Insanity - "Confined...in an institution" - Matrimonial Causes Act 1959-1966 (Com.), s28(l), s35.

Local government - Private street construction - Whether street "constructed" - Municipal clerk's duty to certify as to prior construction - Mandamus - Proper performance of duty to certify - Local Government Act 1958 (No. 6299), s600C(2A) (inserted by Act 1969 No. 7835, s9(a)).

Companies - Scheme of arrangement - Whether arrangement one between company and a class of its creditors - "Creditors" - Companies Act, 1961 (No. 6839), s181.

Transfer of land - Judgment against a joint registered proprietor - Writ of fi.fa. - Sale by sheriff - Two instruments of transfer lodged - Priority - Injunction - Judgment in default of defence - Transfer of Land Act 1958 (No. 6399), s28, s30(2), s41, s52, s104 - RSC, O.19, r13.

Town and country planning - Declaration of "scenic area" - Revocation of planning scheme - Notional interim development order - "Publication" of Government Gazette - Validity - Presumption of regularity - Extractive industry - Quarrying - Non-conforming use - Natural justice - Right to object and to be heard - Legislative intention - Legislation exhaustive of rights - Injunction to restrain repetition of offences - Shire as applicant - Exercise of discretion - Town and Country Planning Act 1961 (No. 6849), as amended by Town and Country Planning (Compensation) Act 1969 (No. 7902), s17(1C), s17(1D), s32(4), s32(5), s39(2)(b), s42(1B) - Extractive Industries Act 1966 (No. 7499), as amended by Extractive Industries (Licences) Act 1970 (No. 7951), s35, s37, s38 - Evidence Act 1958 (No. 6246), s62, s64 - Extractive Industries (Leases, Licences, Permits) Regulations 1968, reg7, reg25 - Extractive Industries General Operating Regulations 1968, reg401.

Workers compensation - Claim in respect of loss of hearing - Unassessed partial loss existing at commencement of employment - Assessment of compensation for loss arising out of or in course of employment - Amount of Compensation - Workers Compensation Act 1958 (No. 6419), s3, s5(1), s11(1) - Workers Compensation (Amendment) Act 1965 (No. 7292).

Income tax - Assessment - Appeal against disallowance of objections of taxpayer to assessments - Claim for depreciation of plant - Claim for special allowance for investment - Income Tax Assessment Act 1936-1969 (Com.), s54, s57AA, s62AB.

Administration and probate - Testator's family maintenance - Application to extend time for making application - Widow ignorant of rights for seven years after death of intestate husband - Whether a "final distribution of the estate" so that no provision could be made "out of the estate" - Whether assets held by the personal representative in character of trustee for the beneficiaries - Settlement purchase lease of farm under the Soldier Settlement Act held by administrator - Administrator not holding lease solely as trustee - No assent to vesting of beneficial interest in lease in next of kin - Administrator still performing its duties - Administration not completed - Soldier Settlement Act 1958 (No. 6373), s3, s43, s51, s56, s59, s60, s61, s64, s65, s66(1), s67A, s74, s76, s77 - Administration and Probate Act 1958 (No. 6191), s38, s41, s44, s50, s91, s99 - Property Law Act (No. 6344), s35.

Motor car - Cancellation of licence - Holder of licence to drive motor car and licence to drive motor cycle - Whether Court required to cancel both licences upon conviction of an offence with respect to driving motor cycle - Motor Car Act 1958 (No. 6325), s3, s22, s22B(3), s25, s25A, s25C, s26, s28, s29 - Acts Interpretation Act 1958 (No. 6189), s17.

Companies - Practice - Winding up - Just and equitable - Business conducted as a partnership - Order pronounced - Order not passed and entered - Recall of order - Power - Discretion - Companies Act 1961 (No. 6839), s186(2).

Damages - Appeal against assessment by jury - Allowance for incidence of income tax upon amount awarded - Wrongs Act 1958 (No. 6420), PtIII.

Costs - Appeal Costs Fund - Successful appeal on question of law - Error caused by submission of party which should not have been made - Certificate not necessarily granted - Appeal Costs Fund Act 1964 (No. 7117).

Mortgage - Undue influence - Discharge of mortgage signed - Death of mortgagee - Proceedings by executors to have discharge set aside on the ground of undue influence - Principles applicable.

Motor car - Driving vehicle of excess width without permit - Width and load of vehicle measured with standard measuring tape - Submission that not proved that instrument certified pursuant to Weights and Measures (National Standards) Regulations (Com.) - Power of informant to lay information - Information dismissed - Order to review - Presumption of accuracy of technical or scientific instruments - Motor Car Act 1958 (No.6325), s33(1)(a) - Weights and Measures (National Standards) Act 1960-1966 (Com.), s10 - Weights and Measures (National Standards) Regulations, reg80.

Matrimonial causes - Divorce - Constructive desertion - Wife expelling mentally unstable husband - Husband with no capacity to form animus deserendi - Conduct amounting to just cause and excuse for wife living separately and apart - Whether wife entitled to a decree for desertion - Matrimonial Causes Act 1959-1966 (Com.), s29.

Contract - Solicitor retained by plaintiff - Arrangement whereby solicitor to pay percentage of his costs to plaintiff in consideration of accommodation, staff and office facilities - Illegality - Whether contract prohibited by statute - Whether arrangement a sharing with unqualified person or receipts from practice - Legal Profession Practice Act 1958 (No. 6291), s94.

Administration and probate - Will - Testator intending to benefit son and others from farm owned by him and wife as joint tenants - Legal estate in property vesting in surviving spouse - Whether testator still retained beneficial interest in property - Allegation by son that farm constituted partnership property - Evidence of partnership not conclusive - Duty of personal representative to take action against widow - Whether trustee company bound to use its own funds - Duty of personal representative to seek Court's advice - In the absence of indemnity from estate or personally trustee not bound to take proceedings - Equity of son to seek remedy on behalf of estate - Son able to seek a declaratory judgment against mother - Rules of the Supreme Court, O.25, r5.

Administration and probate - Will - Execution - Whether attesting witnesses to will required to sign in the presence of each other - Whether testatrix should acknowledge her signature in the presence of both witnesses, both being present at the same time - Wills Act 1958 (No. 6416), s7 - Administration and Probate Act 1958 (No. 6191), s12(2)(b).

Costs - County Court - Award of damages not exceeding one-half of jurisdiction in magistrates' court - Plaintiff entitled to costs applicable in magistrates' court - Discretion to award higher costs - Exercise of discretion - Relevance of plaintiff's or of plaintiff's solicitor's expectation of amount of damages - County Court Rules, O.51, r1, r2.

Appeal - Verdict of jury - Finding of no negligence - Verdict against party bearing onus of proof - Verdict not against weight of evidence - Principles applicable.

Companies - Liquidation - Power of court to impose condition after action against company in liquidation commenced - Liquidator desiring to set off or counter-claim - Condition imposed that execution should not issue without leave - Companies Act 1961 (No. 6839), s263(2) - Companies Act Rules 1961, r8.

Negligence - Res ipsa loquitur - Bale of wool falling from truck - Bale striking plaintiff on or near footpath - Applicability of doctrine of re ipsa loquitur - Failure to put doctrine to jury - Verdict for defendant - Misdirection - Appeal.

Criminal law - sentence - Importation of drugs - Factors to be considered in determining sentence - Gravity of offence - Deterrent aspect - Customs Act 1901- 1968 (Com.), s233B, s235.

Criminal law - Sentence - Relevant considerations - Policy of Parole Board - Crimes Act 1958 (No. 6231), s534(1).

Practice - Injury suffered in sewerage excavation - "Quarry" - "Mine" - Leave not granted to bring action in Supreme Court - Action dismissed - Mines Act 1958 (No. 6320), s412.

Statutory interpretation - Sewerage excavation - Within general definition of "Quarry" and "Mine" in Mines Act - Whether legislation to be read down by virtue of particular provisions relating to sewerage excavations - Generalia specialibus non derogant - Mines Act 1958 (No. 6320), as amended by Mines Explosives Act 1961 (No. 6801), s369 - Sewerage Districts Act 1958 (No. 6368), s58.

Town and country planning - Determination by Board of Works granting application for permit to use and develop land - Appeal - Determination affirmed by Appeals Tribunal - Order nisi to review tribunal's decision - Conditions as to grant of permit - Form of application for permit - "Interest of applicant" - Who may be applicant - Whether applicant's interest need be proprietary - Application for permit to be by owner or with owner's consent - Application in fact by agent with consent of purported owner - Whether sufficient evidence of ownership as defined - Meaning of "owner" - Conflicting evidence as to ownership - Ownership a necessary question to tribunal's decision - Tribunal's written reasons for decision not expressly deciding question of ownership - Duty of tribunals generally to state reasons for decision - Natural justice - Tribunal to deal with substantial merits of case without regard to legal technicalities - Tribunal's conclusion as to ownership against weight of evidence - Error of law - Town and Country Planning Act 1961 (No.6849), s3, s18, s21, s27 - Town and Country Planning Regulations 1962, reg17.

Sale of goods - Motor vehicle - Authority to sell - Seizure of possession by owner from purchaser - Claim for damages - Conversion - Estoppel - Onus of proof - Goods Act 1958 (No. 6265), s67.

Practice - Appeal - Notice of appeal not served upon co-defendant - Validity of appeal - Costs - Costs not awarded in favour of successful co-defendant against plaintiff - Exercise of discretion.

Property - Trusts - Parties formerly married resuming cohabitation after their divorce and remarriage by wife - Property purchased in joint names - Disproportionate contributions - Whether presumption of advancement arises as a matter of implication from the relationship of husband and wife or as a matter of intention of the parties - Evidence - Presumptions - Effect of.

Criminal law - Trial - Admission of fact made on behalf of accused - Misstatement in charge of effect of admission - Misstatement as to effect of evidence - Whether conviction invalidated - No probability that jury would have returned different verdict - Request by jury after retirement to have evidence of witness read - Whether request complied with - Whether verdict unreasonable and against the evidence.

Workers compensation - Rights of dependant - Worker injured before but dying after amending legislation - Injury provided for before amendment but not after - Whether applicant widow entitled to recover benefit - Workers Compensation Act 1958 (No. 6419), s5, s9 - Workers Compensation (Amendment) Act 1965 (No. 7292) - Acts Interpretation Act 1958 (No. 6189), s5, s7.

Criminal law - Bail - Recognizance - Recognizance entered into by accused and surety - Failure of accused to appear - Recognizance self-executing - Forfeiture of bail - Orders for payment - Scope of discretion - Crown Proceedings Act 1958 (No. 6232), as amended by Crown Proceedings (Forfeited Recognisances) Act 1969 (No. 7900).

Local government - Councillor - Disqualification of councillor "concerned or participating in any work done under the authority of such council" - Family partnership - Gratuitous work by councillor - Local Government Act 1958 (No. 6299), s53, s56.

Contract - Sale of hotel - Purchaser to execute charge "in the form commonly employed by" a third person - Uncertainty - Illusory agreement in absence of evidence of nature of document - Integral part of contract - Contract void for uncertainty.

Practice - Judgment not in accordance with statement of claim - Whether judgment a nullity - Whether irregular judgment only - Writ of delivery - Whether the defendant to have the option of paying the value of the chattel - Validity of judgment - Rules of Supreme Court, O.XIII, r5; O.XXVII, r11, r15; O.XXVIII, r11; O.XLII, r6; O.XLVIII, r1; O.LIV, r1B, r1E; O.LXX, r1.

Will - Charity - Gift of residue to named beneficiary - Whether case of misdescription of donee or gift to non-existence donee - Whether general charitable intent - Cy pres scheme - Form of order.

Contract - Carriage of chattel - Damages to chattel in transit - Oral contract - Documents delivered with chattel on delivery and signed by servants of consignee containing exemption clause - Evidence as to similar prior dealings - Absence of knowledge of exemption clause - Whether clause part of contract.

Criminal law - Murder - Intent - Effect of taking drugs - Defence of automatism - Voluntary and conscious act - Whether verdict of acquittal open - Manslaughter - Mens rea - Death caused by unlawful act.

Criminal law - Motor car - Driving a motor car with a blood alcohol level exceeding .05 per cent - Breathalyser - Whether test performed within two hours of driving - Evidence - Statutory presumption - Presumption of continuance - No evidence when accident occurred - Statement by defendant in court as to time of accident - Discretion to disregard plea of guilty - Effect of - Discretion to treat as one of not guilty - Order to review - Crimes Act 1958 (No. 6231), s81A, s408A.

Maintenance - Desertion - "Constructive desertion" - Neglect to provide wife with adequate means of support - "Just cause or excuse" - Maintenance Act 1965 (No. 7289), s3(1), s3(4), s6, s18(1)(a), s26(1) - Matrimonial Causes Act 1959- 1966 (Com.), s29.

Sale of land - Contract - Obligation to transfer land free of encumbrances - Existence of drainage easement - Whether "substantial" defect in title - The rule in Flight v Booth - Repudiation - Action for specific performance by vendor - Compensation - Transfer of Land Act 1958 (No. 6399), Seventh Schedule; Table A; - Estate Agents Act 1958 (No. 6245), s8, s34.

Practice - Writ issued in name of foreign company by agent registered in Victoria - Agent not barrister or solicitor - Writ signed by agent - Writ not a nullity - Writ set aside for irregularity - Legal Profession Practice Act 1958 (No. 6291), s111 - Rules of the Supreme Court, O.4, r1, r2; O.5, r2, r4.

Practice - Unqualified agent of company seeking to appear in court for company - Appearance denied - Legal Profession Practice Act 1958 (No. 6291), s5, s11.

Will - Devise of specific property to charity for charitable purpose - Impracticable for property to be so used - Whether a general charitable intention present - Lapsed gift - Whether part of residue - Share of residue "for the general purposes" of body incorporated at date of death but unincorporated association at date of will - No change in identity of the society - Construction of gift as purpose trust - Further share of residue to unincorporated association "for general purposes" - Non-charitable body - Whether gift to members of association as individuals or as members bound by rules to apply gift to general purposes of association - Whether gift imposes trust on members to apply it for all purposes of association - Gift to society in augmentation of general funds.

Criminal law - Onus of proof - Direction as to - Wounding with intent to do grievous bodily harm - Self-defence - Absence of intent - Direction as to burden of proof - Whether adequate - Whether likely to mislead jury - Self-defence - Direction as to - Elements of self-defence to be submitted to jury - Judge to determine whether issue of self-defence arises - Crimes Act 1958 (No. 6231), s568(2).

Constitutional law - Pension moneys mistakenly paid to defendant - Belief by defendant that entitled to receive payments - Induced by conduct of department - Public moneys paid without legal authority - Common law right to recover unauthorized payments apart from statutory remedy - Public policy - Estoppel - Repatriation Act 1920-1965 (Com.), s24, s53, s113, s120AA - Judiciary Act 1903-1969 (Com.), s64 - Commonwealth of Australia Constitution, s53, s54, s56, s81, s82, s83.

Criminal law and procedure - Appeal - Grant of leave to file late notice of abandonment of appeal - Order valid on its face - Applicant then of unsound mind - Application for extension of time for filing notice of appeal - Whether power to disregard valid order - Criminal Appeal Rules 1965, r6 - Crimes Act 1958 (No. 6231), s584.

Motor car - Road Traffic Regulations - Negligence - Passageway for vehicles through railway car park to road - Whether "highway" within regulations - Whether junction of road and car park constituted an "intersection" - Obligation to give way - Meanings of "street", "road", "highway", "carriageway" and "intersection" discussed - Order to review - Whether driver failing to "give way" to vehicle entering the highway from a railway car park exit guilty of contributory negligence - Road Traffic Act 1958 (No. 6359), s4(5) is enacted by Act No. 6748 of 1961 - Road Traffic Regulations 1962, reg602(1), reg602(3).

Criminal law - Sentence - Sentences imposed in respect of State and Commonwealth offences - Whether sentences for Commonwealth offences concurrent or cumulative - Whether sentences for Commonwealth offences concurrent by reason of State laws applying - Effect of relevant statutory provisions - No directions given by judge imposing sentences - In the absence of contrary direction Commonwealth sentences to be concurrent - Crimes Act 1914-1966 (Com.), s19(1) - Commonwealth Prisoners Act 1967 (Com.), s4(5) - Judiciary Act 1903- 1969 (Com.), s79, s80 - Social Welfare Act 1970 (No. 8089) (Vic.), s123(1).

Summary offences - Drunk and disorderly in a public place - Defendant seated in a taxi cab in a car park - Whether found in a "public place" - Order nisi to review dismissal - Discretion not to make order absolute - Summary Offences Act 1966 (No. 7405), s14.

Criminal law - Procedure - Right to address jury - Failure to advise accused of right to address - Miscarriage of justice - No substantial miscarriage of justice - Crimes Act 1958 (No. 6231), s568(1) (proviso).

Justices - Laying and receiving information - Issue of summons by justice of the peace - Information not required to be on oath - Validity of information and summons - Whether discretion to receive or reject information - Whether discretion to issue or decline to issue summons - Justices Act 1958 (No. 6282), s18, s20(1), s32(2), s34, s73, s215.

Justices - Order nisi to review - Power to amend - Amendment of existing grounds - Substitution of new grounds - Justices Act 1958 (No. 6282), s155(1), s158.

Contempt of court - Advertisement in newspaper - Tendency to prejudice fair trial of criminal proceedings - Notice of intention to prefer a presentment given prior to date of advertisement - Proceedings pending - Exercise of summary jurisdiction to punish for contempt - No substantial tendency to prejudice - Crimes Act 1958 (No. 6231), s353, s359, s360 - Justices Act 1958 (No. 6282), s3, s18, s20, s21, s31, s34, s37.

Summary offences - Assault by kicking - Sentence - Cancellation of car driver's licence - "Offence in connexion with the driving of a motor car" - Motor Car Act 1958 (No. 6325), s26(1).

Motor car - Assault by kicking - Whether "offence in connexion with the driving of a motor car" - Motor Car Act 1958 (No. 6325), s26(1).

Criminal law and procedure - Appeal by Crown against sentence - Principles to be applied - Crimes Act 1958 (No. 6231) (as amended by Act 1970 No. 8063), s567A.

Criminal law and procedure - Sentence - Consideration of effective period of imprisonment if minimum term imposed.