Criminal law - Trial for conspiracy - Tape recordings and re-recordings - Admissibility - Secondary evidence rule - Scope of rule - Whether evidence from illegal source admissible - Sufficiency of charge as to credit of Crown witnesses and as to corroboration of accomplices - Conspiracy to obstruct course of public justice - Elements of - Crimes Act 1958 (No. 6231), s372 - Evidence Act 1958 (No. 6246), PtIII, Division 2A - Evidence (Reproductions) Act 1965 (No. 7324) - Telephonic Communications (Interception) Act 1960-1966 (Com.), s5.

Poisons Act - "Indian hemp" - Whether the term includes Indian hemp seeds - Burden of proof - Possession of Indian hemp save by an authorized person prohibited - Whether burden lies on the defendant to prove he is authorized person - Judicial notice - Position of Indian hemp seeds of the plant Cannabis sativa L. - Poisons Act 1962 (No. 6889), s26, s27, s34(7).

Testator's family maintenance - Application by widower - Annuity - Discretion in trustees by supplement annuity - Relevance of - Whether adequate provision made - Administration and Probate Act 1958 (No. 6191), PtIV.

Practice - Pleadings - Special endorsement - Request for pleadings - Endorsement standing in place of statement of claim - Time for delivery of defence - Judgment entered in default of defence - Rules of the Supreme Court, O.18A, r1, r2, r7, r8; O.20, r1; O.21, r6, r8.

Matrimonial causes - Private international law - Formal validity of marriage - Enemy-occupied territory - Compliance with the law of the place of celebration impossible - Validity at common law - Whether ceremony must be performed by an episcopally ordained priest - Orthodox priest - Matrimonial Causes Act 1959-1966 (Com.).

Criminal law and procedure - Juries - Defect in jury panel - Jurors' cards failing to state occupation - Juries Act 1967 (No. 7651).

Money lender - Justices - Proceedings for cancellation of licence - Institution more than 12 months after matter of information arose - Nature of order for cancellation and disqualification - Power of justices to issue summons - Money Lenders Act 1958 (No. 6324), s12 - Justices Act 1958 (No. 6282), s215.

Contempt of court - Newspaper article published pending the hearing of summary charges against a person previously convicted of murder - Article referring to the circumstances of previous conviction - Whether a tendency to prejudice the fair trial or interfere with the administration of justice - Printer unaware of contents of article and publisher assuming responsibility - Defence that the fair trial would not be prejudiced as the conviction for murder was a matter of common knowledge - Prejudice likely to be created in the mind of the tribunal - Whether "technical contempt" only - Contempt proved - Penalties considered.

Matrimonial causes - Proof of marriage - Expert evidence of law of place of foreign marriage not necessary in respect of foreign marriage - Proof of marriage by presumption of valid marriage - Lengthy cohabitation - Admissions and reputation of being married - Nature of evidence required to rebut presumption - Matrimonial Causes Act 1959-1966 (Com.), s18(1)(c), s100.

Town and country planning - Melbourne and Metropolitan Planning Scheme - Land within area zoned as residential - Permit for use as club or "place of assembly" refused - Land used for purpose of club or restaurant - Application by "responsible authority" for injunction - Appeal against refusal of permit pending - Injunction granted - Town and Country Planning Act 1961 (No. 6849), s49.

Town and country planning - Melbourne and Metropolitan Planning Scheme - Planning Scheme Ordinance - Land owned by Railways Commissioners - Lease on terms that lessee erect warehouse for storage of goods conveyed by railway - Used for the purpose of "Railway" - Town and Country Planning Act 1961 (No. 6849), s49.

Practice - Interlocutory injunction - Adjoining landowner as plaintiff - Attorney-General not joined - No private right of action - Special and particular damage.

Summary offences - "Public place" - Meaning of - Whether foyer of hospital a "public place" - Summary Offences Act 1966 (No.7405), s3, s17(1).

Companies - Contract - Rejection by liquidator of proof of debt - Application to reverse rejection - Loan by outside depositor - Whether loan to directors or to company - Promissory notes given and renewed - Loan ultra vires the company - Loan void - Later promissory notes valid - Whether supported by consideration - Performance of void agreement not consideration for later valid agreement - Companies Act 1961 (No. 6839), s20, s279 - Bills of Exchange Act 1909-1936 (Com.), s32, s95.

Local government - Discontinuance of road not required for public use - Application for declarations and injunction against council - Meaning of "is not required for public use" - Onus of proof - Whether council required to observe requirements of natural justice - Whether easement of way extinguished upon discontinuance order - Local Government Act 1958 (No. 6299), s528.

Will - Gifts to charitable institutions - Institutions ceasing to exist prior to deceased's death - Lapse - Exceptions to lapse rule - Successor institutions - Dominant charitable intention - Application of gifts cy pres.

Will - Lapsed shares of residue - Residue subject to trust for conversion - Whether pecuniary legacies payable primarily out of lapsed shares - Administration and Probate Act 1958 (No. 6191), s38, s39 and Second Schedule, PtII.

Landlord and tenant - Lease - Breaches of - Claim for possession - Claim for relief from forfeiture of lease - Relevant considerations - "Flagrant continuing breach of covenants" - "Exceptional circumstances" - Discretion to grant relief against forfeiture - Relief subject to conditions - Supreme Court Act 1958 (No. 6387), s123.

Local government - Validity of by-law - Power to make by-laws for or with respect to "fixing rentals" - Rental of carrier agents to include additional charge - Whether additional charge a tax - Whether discrimina of additional charge irrelevant to objects of power - Unreasonableness - Melbourne Wholesale Fruit and Vegetable Market Act 1968 (No. 7760), s12.

Workers compensation - Whether injuries sustained in the course of employment - Deeming provision - Whether worker "present at his place of employment" - Workers Compensation Act 1958 (No. 6419), s3, s5, s8(2)(a)(i) and s8(2)(b)(i).

Passing off - Business service - Distinctive name - Right of property - Real probability of deception and of damage - Permitting use of name by another - Person so permitted may establish reputation in that name - Reputation protectable.

Business name - Provision of service under business name - Whether constitutes "carrying on business" - Whether civil rights affected by contravention of s5(1) of the Business Names Act 1962 - Business Names Act 1962 (No. 6853), s5(1). Interlocutory injunction - Balance of convenience - Principles applicable.

Motor car - Information for driving motor car when not licensed to do so - Conviction - Onus of proof as to existence of licence - Penalty - "Never been the holder of...a license" - Onus of proof - Motor Car Act 1958 (No. 6325), s22C(1), as amended by Motor Car Act 1963 (No. 7073), Motor Car Act 1965 (No. 7314) and Motor Car Act 1967 (No. 7593).

Local government - Private street construction scheme - Whether scheme comprised private land - Proclaiming part of Crown lands as roads - Validity of proclamation - Reservation in Crown grant operating as easement - Whether beneficial ownership in Crown renders land "land of the Crown" - Meaning of "Deemed" in Local Government Act 1958, s575(3) - Evidentiary provision - Local Government Act 1958(No. 6299), s518, s575(1), s575(2), s575(3), s576, s578(2)(a), s579(2)(a), s579(4), s600B Land Act 1869 (No. 360), s38.

Will - Interpretation - Gifts of flat premises and shares in various public companies - Flat premises and shares controlled and owned by company - Company controlled by the testator and in which he owned entire beneficial interest - Whether valid and effectual gifts.

Health - Special charge for supply of pharmaceutical benefit - "Outside normal trading hours" - Meaning of - National Health Act 1953-1963 (Com.), s87, s103(5)(c) - National Health (Pharmaceutical Benefits) Regulations, reg29 - Labour and Industry Act 1958 (No. 6283), s83A.

Motor car - Third-party insurance - Passenger injured in accident - Whether passenger a "driver" of motor car - Whether "in charge of the motor car" - Entitlement to indemnity by authorized insurer - Motor Car Act 1958 (No. 6325), s38(1), s46(3) and s47(1) - Motor Car (Compulsory Third Party Insurance) Act 1967 (No. 7648), s2(1).

Motor car - Third-party insurance - Authorized insurer - Denial that defendant was driver of motor car - Conduct of defence of action - Powers of authorized insurer - Motor Car Act 1958 (No. 6325), s38, s58.

Real property - Restrictive covenant - Application for discharge of modification to permit erection of shops - Covenant that no building other than private dwelling-house be erected - Covenant in conflict with use permitted under planning scheme - Whether covenant obsolete - Whether modification would deny practical benefits - Substantial injury - Property Law Act 1958 (No. 6344), s79A, s84.

Damages - Personal injuries - Appeal - Grounds of misdirection and failure adequately to direct - Reference to loss of earning capacity to trial as "loss of earnings" - Whether may be considered separately from loss of future earning capacity - Use of actuarial calculations - Verdict of jury - Whether excessive.

Contract - Covenant in restraint of trade - Uncertainty - Entertainer - Restriction upon performance after end of period of engagement - Covenant against performing in Australia for period of time without approval - Restraint upon competition - Restraint unjustified - Interlocutory injunction refused.

Summary offences - Vagrancy - Being "found armed with an offensive weapon or instrument" - Knuckle duster - No evidence of purpose for which being carried - Whether offensive weapon - "Armed" - Meaning of - Vagrancy Act 1966 (No. 7393), s6(1)(e).

Town planning - Appeals Tribunal - Permit granted but disallowed on appeal - New permit and new appeal to same tribunal - Views previously expressed by the Tribunal - Whether tribunal affected by bias - Whether disqualified from having further appeal - No real likelihood of bias and no grounds for a reasonable suspicion that a proper hearing would not be obtained - Town and Country Planning Act 1961 (No. 6849), s19A, s19B, s21(1), s27.

Injunction - Interlocutory injunction sought to restrain tribunal from hearing appeal - Bias of tribunal alleged - No reasonable prospect that injunction will be obtained at trial - Whether an interlocutory injunction should nevertheless be granted to preserve the status quo.

Contract - Agreement in restraint of trade - Enforceability - Independent contractors - Protection of proprietary rights necessary-Sufficiency of commercial interest as constituting sufficient proprietary right - Nature of property right acquired - Injunction restrain breach.

Practice - Workers compensation - Action for damages - Trial by jury - Verdict returned for plaintiff - Possible entitlement of plaintiff to larger amount under workers compensation - Application by plaintiff to adjourn entry of judgment pending application to Board - Motion for judgment by defendant in accordance with verdict - Workers Compensation Act 1958 (No. 6419), s61(1)(a) - Rules of the Supreme Court, O.36, r32.

Evidence - Hearsay - Exception to - Declarations by deceased relatives as to pedigree - Proof aliunde declarations that declarant is relative - Necessity of - Affidavit - Admission or use of affidavit when deponent deceased.

Workers compensation - Proceedings by employer for recovery from third party of amount paid as compensation - Whether indemnity extends to costs of defending the workers compensation proceedings - Workers Compensation Act 1958 (No. 6419), s6(4), s62(1)(b) and s62(2), s79.

Practice - Appearance - Appeal by company - Unqualified agent seeking to appear on its behalf - Right of audience - Legal Profession Practice Act 1958 (No. 6291), s5(3), s111.

Criminal law - Sentence - Minimum term fixed by magistrates' court - Minimum term not fixed in accordance with Act - Appeals to County Court - Appeals abandoned - Sentences confirmed - Application by Director-General of Social Welfare to fix minimum term - Powers of Full Court - Crimes Act 1958 (No. 6231), s534, s537A.

Marketing of primary products - Offence to sell eggs not "graded and tested for quality and standard and marked or stamped" as required - Elements of offence - Marketing of Primary Products Act 1958 (No. 6304), s41D(1).

Tort - Negligence - Duty of care - Plaintiff en ventre sa mere at time of negligent conduct - Claim for injuries at and after birth caused by such conduct - Whether duty of care owed to plaintiff not to injure plaintiff while en ventre sa mere - "Person" - Remoteness of damage.

Practice - Damages - Deduction of workers compensation from amount of verdict - Amount of verdict less than amount paid as compensation - Whether judgment to be entered for defendant - Workers Compensation Act 1958 (No. 6419), s79(2) - Workers Compensation (Amendment) Act 1965 (No. 7292).

Pollution - Discharge of oil - Liability of occupier - Act of independent contractor - Whether discharge due to accident which could not have been foreseen and avoided - Navigable Waters (Oil Pollution) Act 1960 (No. 6705), s6, s7(2).

Criminal law - Counts of conspiracy to cheat and defraud and statutory counts of fraudulently inducing or attempting to induce investment - Separate trials - Whether trial of common law counts should have been severed from latter counts - Discretion of trial judge - Relevance of evidence in support of one charge in relation to other charges - Whether a conviction on first count bar to conviction on certain of other charges - Offences not the same or practically the same - Counts alleging both inducement or attempted inducement - Whether bad for duplicity - One offence only created - No substantial miscarriage of justice - No failure to present the defence fairly or properly - Crimes Act 1958 (No. 6231), s191(1), Sixth Schedule, r5(1).

Criminal law - Procedure - Accused unrepresented - Practice of prosecutor refraining from final address.

Companies - Creditor's petition to wind up - Subsequent purported voluntary winding up in ignorance of creditor's petition - Creditor's petition not pursued - Whether leave should be granted nunc pro tunc - Companies Act 1961 (No. 6839), s203B, s221, s230(3), s260, s276 - Supreme Court (Companies) Rules 1962, r27, r52(16), r53(2).

Town and country planning - Application for permit - No objection to grant of permit lodged - Determination by responsible authority to grant permit subject to conditions - Whether appeal against imposition of conditions lies to Appeals Tribunal - Meaning of "determined" - Town and Country Planning Act 1961 (No. 6849), s18C, s19(b).

Criminal law - Trial for murder - Appeal - Defence not adequately put to jury in relation to accused - Misdirection of mixed fact and law - New trial ordered - Inconsistency of manslaughter verdict in relation to third accused - Conviction quashed - Verdict of acquittal entered.

Criminal law and procedure - Jury - Challenge to array - Whether challenge to be in writing - Whether challenge to be made prior to empanelling - Grounds for challenge - Juries Act 1967 (No. 7651), s21(2).

Legal profession - Articles - Abridgement of period of articles - Discretion of Board of Examiners - Rules of the Council of Legal Education, r55, r58.

Practice - Summons for final judgment - Order of master granting leave to defend - Appeal - Claim by plaintiff for moneys paid to use of defendants and for work done - Cross-claim for damages for breach of contract or negligence - Equitable set off - Whether cross-claim could be the subject of - Rules of Supreme Court, O.19, r3.

Transfer of land - Removal of caveat - Assignment of proceeds of sale of land - Whether estate or interest in any land - Transfer of Land Act 1958 (No. 6399), s89(1).

Company - Winding up - "Oppressive" conduct of company - "Just and equitable" that company be wound up - Control of company by nominee directors of parent company - Use of funds to purchase other companies - Actions outside general intention and common understanding of members - Failure of substratum - Principles applicable - Companies Act 1961 (No. 6839), s19, s20, s186, s222(1)(h).

Practice - Interrogatories - Deponent answering interrogatories from servant's information - Whether deponent to answer when servant is an opposing party - Objects of interrogatories - Principles of answering interrogatories - Meaning of "net income".

Probate duty - Children of stepchildren of deceased - Whether "grandchildren of the deceased" - Probate Duty Act 1962 (No. 6890), First Schedule, paras. 1 and 5.

Matrimonial causes - Access - Jurisdiction - Interim access order made under State Marriage Act - Later petition for divorce by husband seeking custody or access - Motion by wife for leave to issue writ of attachment by reason of husband's failure to comply with the State order - Competency - Nature of procedure for attachment - Whether "proceedings for any relief...of a kind that could be sought under" Matrimonial Causes Act - Marriage Act 1958 (No. 6306) (Vic), s125, s142 - Matrimonial Causes Act 1959-1966 (Com.) s8(2), s85 - Supreme Court Act 1958 (No. 6387), s16, s62(4) - Rules of the Supreme Court, O.42, r7; O.44, r1.

Maintenance - Desertion - Neglect to support - Withdrawal by husband from matrimonial relationship - Withdrawal caused by wife's conduct - Constructive desertion - Objective test - Belief by husband that wife's conduct caused by mental illness - Whether relevant - Maintenance Act 1965 (No. 7289), s6, s26.

Labour and industry - Claim by company employee to long service leave - Company in liquidation - Rejection by liquidator of proof of debt - Application to reverse rejection - Whether jurisdiction of the Supreme Court excluded - Employment terminated by employee - Whether termination on account of "domestic or other pressing necessity" - Labour and Industry Act 1958 (No. 6283), s149, s154, s155, s156, s157, s158, s159 - Labour and Industry Act 1965 (No. 7368) - Companies Act 1961 (No. 6839), s279 - Justices Act 1958 (No. 6282), s68, s155.

Criminal law - Statutory offence - Penalty - Discretion of court - Ambit of discretion - Distillation Act 1901-1968 (Com), s8, s74 - Excise Act 1901- 1968 (Com), s132 - Acts Interpretation Act 1901-1964 (Com), s41.

Statutory interpretation - Statutory penalty - Provisions of another Act incorporated by reference - "Except in so far as inconsistent" therewith - Inconsistency of provision - Distillation Act 1901-1968 (Com), s8, s74 - Excise Act 1901-1968 (Com), s132 - Acts Interpretation Act 1901-1964 (Com) s41.

Licensing - Application for a retail bottled liquor licence - Objections to granting licence - Objections not within ambit of s55(1) of the Act - Discretion of Commission - Liquor Control Act 1968 (No. 7695), s3, s55.

Practice - Want of prosecution - Dismissal of action - Delay - Inordinate delay without excuse - Delay due to solicitor's neglect - Responsibility of plaintiff for delay - Prejudice - Recollection of witnesses - Refreshing memory from previous statements - Death of witness - Admission of depositions at coronial inquiry - Quantum of damages - Change in circumstances during delay - Action by plaintiff against former solicitor - Relevance - Rules of Supreme Court, O.36, r12.

Criminal law - Causing death by culpable driving - Evidence - Driving of accused at earlier point in time - Relevance - Admissibility - Culpable driving - Elements of - Direction as to - Crimes Act 1958 (no. 6231), s318.

Town and country planning - Determination of responsible authority to grant permit subject to conditions - Power of Appeals Tribunal - Whether power to amend or vary conditions inserted by responsible authority - Whether power to impose conditions of its own making - Town and Country Planning Act 1961 (No. 6849), s19, s21, s22(1).

Criminal law - Murder - Joint trial of two accused - Voire dire - Film of each accused re-enacting crime - Admissibility - Sufficiency of caution.

Criminal law - Murder - Joint trial - Accused acting in concert - Elements of - Aiding and Abetting - Charge.

Motor car - Information for driving during period when licence suspended - Honest and reasonable belief that driver not disqualified - Whether a defence - Onus of proof - Motor Car Act 1958 (No. 6325), s28(1).

Valuation of land - Objection to valuation - Objections to values placed on properties not owned or occupied by objector - Whether objector "person aggrieved" - Valuation of Land Act 1960 (No. 6653), s36 (as amended by Act No. 7762 of 1968), s37(2).

Practice - Valuation of land - Discovery - Whether discovery available - Rules of the Supreme Court O.73, r6, r7, r8(2).

Practice - Writ issued in name of foreign company by agent - Agent not solicitor - Writ signed by agent - Writ irregular but not a nullity - Discretion in court - Rules of the Supreme Court, O.70, r1

Health - "Offensive trade" - Meaning of - Whether necessary to show trade offensive per se - Health Act 1958 (No. 6270), s94(1), s96.

Town planning - Planning scheme - Non-conforming use - "Offensive industry" - Meaning of - Town and Country Planning Act 1961 (No. 6849), s49(1).

Workers compensation - "Earnings" - Meaning of - Whether applicant dependent on earnings of worker - Whether "earnings" includes earnings from all sources - Workers Compensation Act 1958 (No. 6419), s3, s9 CL1(a)(i).

Legal profession - Power to make rules regulating professional duties, conduct and practice - Rule prescribing size of signs - Whether prohibitory or merely regulatory - Whether too wide - Legal Profession Practice Act 1958 (No. 6291), s88(1)(b) - Solicitors (Professional Conduct and Practice) Rules, r2(5).

Appeal - New trial - Discovery of fresh evidence - Fresh evidence tending to prove fraud or subordination of witness - Evidence that testimony at trial of witness for plaintiff was perjury - Relevance of complicity in fraud of party successful at trial - Defendant and advisers reasonably diligent at trial - Evidence apparently credible - Likelihood that jury would have been influenced to return opposite result - Appeal allowed.

Motor car - Third-party insurance - Premium paid to Chief Commissioner of Police by owner - Insurance Commissioner nominated as authorized insurer - Premium paid by cheque - Cheque subsequently dishonoured - Owner involved in collision in which plaintiff injured - Judgment obtained by plaintiff against owner - Judgment unsatisfied - Whether contract of insurance existed - Insurance Commissioner liable to satisfy judgment - Motor Car Act 1958 (No. 6325), s40, s42, s47.

Practice - Service of writ out of jurisdiction - Action for negligence against several defendants - Whether tort committed within jurisdiction - Acts of default allegedly committed by one defendant occurring in New York - No jurisdiction to grant leave to serve out of jurisdiction - Failure to serve other defendants when leave granted - Foreign defendant a necessary or proper party to action - No jurisdiction to grant leave unless other defendants first served - Rules of the Supreme Court, O.11, r1(eb), r1(g) and r2.

Trust - Joint account - Money paid by deceased into joint account in the names of herself and respondent - Survivorship - Respondent's right to beneficial interest - Retention by respondent of dominion and control of passbook - Incomplete gift - Rule in Milroy v Lord - Resulting trust.

Detinue - Limits of relief claimable.

Garnishee - Whether sum in savings bank account attachable - Presentation of both passbook and signed withdrawal form prerequisite to withdrawal of sum.

Town and country planning - Application for zoning permit - Defect in notice of application - Applicant not owner of subject land although purchaser under contract of sale - Applicant described as "owner" in application - Formal requirement of owner's certificate of approval - Whether omission fatal to application - Circumstances when application to be considered on merits notwithstanding formal defects - Town and Country Planning Act 1961 (No. 6849), s18, s19, s21.

Administration and probate - Words included in will by mistake or inadvertence - Grant of probate omitting such words - Presumption upon due execution of will that testatrix knew and approved contents - Presumption rebuttable - Onus of rebuttal - Onus on those seeking probate with words omitted to show on balance of probabilities that words included by mistake - Onus then on those seeking probate with words retained to show will read by or to testatrix - Where will read by or to testatrix presumption only rebutted by clearest evidence.

Will - Interpretation - Gifts to "issue" - Meaning of "issue" - Whether beneficiaries to take per stirpes.

Contempt of court - Publication of article relating to pending trial - Whether likely to prejudice fair trial - Penalty - Relevance of conduct of defence and of respondents on investigation.

Evidence - "Newspaper" - Meaning of - "Printer" - "Publisher" - Proof of - Statement in newspaper of name and address of printer and publisher - Whether prima facie evidence - Presumption of regularity - Sufficiency of evidence to establish facts constituting the foundation of the charges laid against accused - Deposition of committal proceedings tendered - Sufficiency - Printers and Newspapers Act 1958 (No. 6342), s11, s17, s27 - Justices Act 1958 (No. 6282), s43(2), s62 - Evidence Act 1958 (No. 6246), s79, s80, s81.

Husband and wife - Matrimonial property - Presumption that property acquired principally for occupation as a matrimonial home held as joint tenants - Application of presumption to more than one property so acquired - Special circumstances - Evidence of intention contrary to presumption - Performance by wife of wifely duties not relevant - Marriage Act 1958 (No. 6306), s161.

Garnishee - Attachment of debts by way of execution - Savings bank account of judgment debtors having credit balance - Presentation of passbook and signed withdrawal form prerequisite of withdrawal from account - Whether credit balance attachable debt - Credit balance not a "debt owing or accruing" - County Court Rules, O.29, r34.

Companies - Payment into court as condition of leave to defend - Winding-up petition presented within six months after payment into court - Judgment for plaintiff in the action - Application by plaintiff to have money paid out - Claim by liquidator of defendant that payment into court constituted preference and was void against him - Companies Act 1961 (No. 6839), s293(1) - Bankruptcy Act 1966 (Com.), s122.

Practice - Order for payment into court as condition of leave to defend - Effect of payment into court - Whether plaintiff "secured creditor" as to amount so paid in.

Legal profession - Solicitors' Guarantee Fund - Compensation - Loss suffered from defalcations by firm of solicitors - Payments by firm to or for benefit of plaintiff - Whether to be brought into account - "Reduction of loss" - Rule in Clayton's Case - Application to payments into and from solicitors' trust account for specific purpose - Legal Profession Practice Act 1958 (No. 6291), s64.

Local government - Validity of by-law - Power to make by-laws prohibiting sale of goods within any area set forth in by-law - Necessity to delineate area by reference to specific boundaries or limits - Whether prohibition to be by by-law or can be by administrative act - Local Government Act 1958 (No. 6299), s197(1)(xxxiii)(a) and s197(1)(xxxiii)(h) and s197(1)(xxxiv)(b).

Criminal law - Sentence - Conviction for Commonwealth offence - Applicant already serving sentences for State offence - Later sentence to commence at expiry of State sentence - Effect - Sentence unreasonable in circumstances - Crimes Act 1914-1966 (Com.), s19(1) - Commonwealth Prisoners Act 1967 (Com.), s4(7).

Evidence - Bias by witness - Evidence as to - Degree of bias - Evidence of cause of bias - Admissibility.

Companies - Winding up - Claim for winding up of companies on ground of oppression - Proceedings instituted by writ - Claim ineffectual- Companies Act 1961 (No. 6839), s186 - Companies Rules 1962, r18, r47.

Sale of land - Whether agreement void for uncertainty - Sale to a person "and his nominees" - Whether identity of purchaser certain - Statute of frauds - Whether purchasers sufficiently identified - Interest to be one-quarter above "the current bank overdraft rate" - Whether reference to rate prescribed by Reserve Bank - Whether notice of intention to subdivide land required - Instruments Act 1958 (No. 6279), s126 - Sale of Land Act 1962 (No. 6975), s9 - Local Government Act 1958 (No. 6299), s569.

Summary offences - Drunk in a public place - Defendants found in front seat of a motor car on public street - Whether found in a "public place" - Dismissal of information - Order to review - Summary Offences Act 1966 (No. 7405), s13.

Local government - Uniform Building Regulations - Application for modification - Referees acting under Thirty-third Schedule to Local Government Act 1958 - Consultation with surveyor - Duty of - "Award" - Right to oral hearing - Principles of natural justice - Local Government Act 1958 (No. 6299), Thirty-third Schedule.

Criminal law - Trial for murder - Application at trial that Crown be ordered to produce all statements made by Crown witnesses - Refusal of application - Right of accused to such statements - Crown case based on circumstantial evidence - Appeal - Whether verdict unreasonable.

Criminal law - Prisoner - Misconduct - Making unnecessary noise - Relevant considerations for offence - Social Welfare Act 1970 (No. 8089), s138 - Social Welfare Regulations 1962, reg25(13).

Practice and procedure - Appeal to County Court - Appeal allowed and conviction quashed - Case stated for determination by Supreme Court - Case remitted to County Court - Justices Act 1958 (No. 6282), s152.

Criminal law - Conviction for "attempting to cause grievous bodily harm with intent to do grievous bodily harm" - Statutory offence - Whether charge known to law - Whether intention by legislation to exclude charge of attempt to commit statutory offence - Statutory interpretation - Crimes Act 1958 (No. 6231), s17.

Town and country planning - Appeal to Town Planning Appeals Tribunal against failure of responsible authority to grant a permit - Power of Tribunal to direct issue of permit subject to conditions - Whether condition unreasonable or uncertain - Town and Country Planning Act 1961 (No. 6849), s18(2), s19(a)(ii), s22(1) and s27(2).

Evidence - Estoppel - Husband and wife - Wife registered proprietor of matrimonial home - Claim by husband against executor seeking declaration that deceased wife held matrimonial home as trustee for herself and husband jointly - Earlier unsuccessful claim for property settlement by husband in divorce proceedings - Wife granted decree nisi - Death of wife prior to decree becoming absolute - Whether finding of trial judge hearing divorce dismissing husband's claim gave rise to issue estoppel.

Matrimonial causes - Petition and cross-petition - Petitioner wife claiming principal relief but not claiming settlement - Respondent husband cross-petitioning for principal relief and ancillary relief by way of settlement - Decree nisi in favour of petitioner - Respondent's claims dismissed - Whether Court had jurisdiction to entertain respondent's claim for settlement once it had dismissed his claim for principal relief - Matrimonial Causes Act 1959-1966 (Com.), s72(5), s86, s89.

Infants - Custody - Wards of court - Illegitimate children - Death of mother - Temporary care of children by mother's step-sister - Contest between putative father and foster-parents - Weight to be given to claim by father - Welfare of children first and paramount consideration - Supreme Court Act 1958 (No. 6387), s177 - Marriage Act 1958 (No. 6306), s133, s151.

Local government - Street construction - Objection to scheme - Notice of objection pursuant to s578(2) of the Act insufficient - Whether fact of objection necessitates consideration by council and court - Further notice of objection pursuant to s579(2)(a) of Act - Reliance upon grounds not taken in earlier notice - Local Government Act 1958 (No. 6299), s578, s579, s580, s581.

Damages - Personal injuries - Pre-accident disease causing progressive degeneration - Acceleration of symptoms and disabilities caused by accident - Disabilities reparable by future operation - Time for operation accelerated by accident - Extent to which damages recoverable in respect of reparable ill health accelerated by wrongful act.

Trusts - Trustees' discretionary power to raise further capital for widow - Validity of power - Power of court to rule upon propriety of contemplated exercise of discretion - Distinction between ruling as to propriety of such exercise and wisdom of such exercise.

Wills - Interpretation - Gifts of specified number of shares in named company - Division of company's shares prior to testator's death - Larger number of shares in company held by testator at death - Gifts together with various other legacies introduced by words "the following specific and pecuniary legacies" - Specific or general gift - Whether or not testator had designated gifts of shares as specific legacies - Wills Act 1958 (No. 6416), s22.

Maintenance - Consent order - Order made "by consent and without admission of liability" - Order so recorded in register - Whether void or voidable as being made without jurisdiction - Power of magistrate on complaint for commitment to treat order as coram non judice - Whether total want of jurisdiction disclosed on face of record - Order made conditional upon complainant "Refraining from using the said maintenance moneys for the purposes of alcoholic liquor" - No jurisdiction to impose condition - Severability of void condition - Maintenance Act 1965 (No. 7289), s4, s6, s43, s44(1)(b).

Practice - Jurisdiction of master - Summons seeking an order to stay proceedings pursuant to s5 of the Arbitration Act 1958 - Power of master to amend summons so as to make it returnable before a judge in chambers - Arbitration Act 1958 (No. 6200), s5 - Rules of the Supreme Court, O.28, r12; O.54, r5, r14, r15; O.72, r2.

Practice - Summary judgment - Affidavit verifying cause of action - Sworn by plaintiff - Requirement of swearing positively to the facts - Rules of the Supreme Court, O.14, r1(a).

Wills - Accumulation of unapplied income - Will directing accumulation of income for period beyond 21 years from death of testator - Such income to pass by statute to persons who would have been entitled if such accumulation had not been directed - Whether clause a true residuary clause - Whether a partial intestacy - Whether the words "the failure or termination" mean "any failure or termination" - Property Law Act 1958 (No. 6344), s164.

Costs - Successful appeal by beneficiary from an order made upon originating summons - Application by unsuccessful respondent beneficiary for indemnity certificate - Purposes of and application of Appeal Costs Fund Act considered - Costs in such cases usually paid out of estate - Whether the normal form of order should be departed from - Costs of trustees and appellant considered - Appeal Costs Fund Act 1964 (No. 7117), s13, s14 - Administration and Probate Act 1958 (No. 6191), s38, s39.

Negligence - Damages - Nervous shock - Child of plaintiff struck by motor car - Plaintiff not within sight, sound or area of potential danger at time of accident - Plaintiff going to scene immediately after - Death of child - Nervous shock - Action against driver - Duty of care - Foreseeability - Whether question for judge or jury - Prior susceptibility - Relevance.

Contempt of court - Attachment for wilful and contumacious disregard of injunction - Power of court to make ex parte order for committal or attachment without prior notice of motion - Power of judge sitting in chambers to grant leave to issue writ of attachment - Motion for discharge of order giving leave to issue writ of attachment - Limits of jurisdiction to set aside for irregularity - Whether affidavit evidence receivable - Failure to warn unrepresented contemnor of right to call witnesses - Whether contemnor has the right to make unsworn statement - Attachment as an alternative to criminal proceedings under Summary Offences Act 1966 - Whether proceedings an abuse of the process of the Court - Privilege from arrest on civil process of a person attending court on hearing of criminal charge - Whether person on bail in respect of one offence immune from arrest in respect of some other offence - Whether imprisonment for an indefinite term is a "cruel and unusual punishment" - Supreme Court Act 1958 (No. 6387), s43 - Summary Offences Act 1966 (No. 7405), s9(1)(d) - Rules of the Supreme Court, O.52, r3.

Criminal law - Evidence - Unsworn statement by accused - Content of - Whether tape recording may be played in course of statement - Discretion of trial judge to exclude evidence of interviews with accused on ground of unfairness - Whether discretion properly exercised - Evidence Act 1958 (No. 6246), s25.

Town planning - Melbourne and Metropolitan Planning Ordinance - Premises zoned "Residential C" - Used as display homes for commercial purposes - Use as display homes not a use as "detached house" - Respondent registered proprietor of subject land - Premises leased by respondent - Whether premises used by respondent - Whether respondent "owner" of subject land - Town and Country Planning Act 1961 (No. 6849), s2.

Injunctions - Interlocutory injunction - Whether jurisdiction to grant interlocutory injunction to restrain contravention of planning ordinance - Balance of convenience where municipality seeks to restrain commercial activity - Town and Country Planning Act 1961 (No. 6849), s49(2) - Supreme Court Act 1958 (No. 6387), s62(2).

Landlord and tenant - Lease for fixed term - Option for extension of term - Rent for extended period to be determined by arbitrator in default of agreement - Arbitrator to be appointed by secretary of Real Estate and Stock Institute - Submission by parties requesting appointment of valuer to determine rent - Valuer appointed and determines rent - Parties bound by determination of valuer.

Arbitration - Provision in lease for appointment of arbitrator to determine rent for extended term - Whether reference by parties to arbitrator or valuer - Whether to conduct judicial inquiry or determine according to his skill and experience - Whether necessary to conduct hearing and call evidence - Open reference - Arbitration Act 1958 (No.6200).

Matrimonial causes - Orders dispensing with service or for substituted service - Power of masters of Supreme Court of Victoria - Matrimonial Causes Rules (Com.) - Rules not empowering masters to make such orders - Supreme Court Act 1958 (No.6387), s7(4) - Matrimonial Causes Rules (Com.), r64A, r65.

Criminal law - Murder - Evidence - Evidence led by one accused of co-accused's propensity to commit particular crime - Relevance - Admissibility - Judge's charge to jury - Failure to repeat all counsel's arguments - Sufficiency.

Practice - Power to alter judgment - Action by plaintiff for damages for personal injuries - Order by master that defendant answer interrogatories within time specified - Interrogatories not answered within such time - Summons by plaintiff that defence be struck out - Order that unless sworn answers to interrogatories delivered within time limited defence be struck out - No compliance with order within time limited - Interlocutory judgment entered by plaintiff - Summons by defendant seeking setting aside of judgment - Order setting aside judgment conditionally and extending time for compliance with prior order - Whether power to extend time for compliance with order - No power to alter judgment of court which has been perfected - Extent of inherent jurisdiction of court - Rules of Supreme Court, O.27, r4; O.31, r11, r21; O.54, r16; O.64, r6.

Garnishee - Garnishee order absolute - No unconditional debt presently owing by garnishee to judgment creditor - Whether power to set aside order absolute - County Court Act 1958 (No. 6230), s49 - County Court Rules, O.29, r34, r35 r36, r37, r38, r39, r40, r41, r42.

County Court - Power to set aside garnishee order absolute - County Court Act 1958 (No. 6230), s49 - County Court Rules, O.29, r34, r35, r36, r37, r38, r39 r40, r41, r42.

Criminal law - Charge of incitement - Conviction of attempted incitement - Appeal - Crown case reopened at close of defence case - Applicant recalled for cross-examination - Improper exercise of judge's discretion - Likelihood of substantial miscarriage of justice - Attempted incitement not reasonably open on facts - Verdict of acquittal entered.