Income Tax - Appeal against disallowance of objections to assessment - Losses of outgoings incurred by insurer - Compulsory third-party insurance business - Deduction for unreported claims - Income Tax Assessment Act 1936-1973 (Com.), s51.

Court practice and procedure - Damages - Claim under PtIII of Wrongs Act - Judgment for damages - Whether judgment includes "compensation for loss or damage to be incurred or suffered after the date of an award" - Award of interest - Supreme Court Act 1958 (No.6387), s79A.

Courts practice and procedure - Judgment for damages upon claim under PtIII of Wrongs Act - Award of interest thereon - Interest generally to be allowed on full amount of judgment from issue of writ until entry of judgment - Supreme Court Act 1958 (No.6387), s79A.

Administration and probate - Testators family maintenance - Adopted child - Application for order that provision be made from estate of deceased for proper maintenance and support of married adopted daughter - Whether order may be made in favour of adopted child - Sole testamentary beneficiary an adopted son of deceased - Administration and Probate Act 1958 (No. 6191), s91 - Adoption of Children Act 1964 (No. 7147), s32(1).

Administration and probate - Testators family maintenance - Application by illegitimate children of deceased - Whether such children "dependant on or supported by the deceased" - Dependency or support by provision of physical things - Administration and Probate Act 1958 (No. 6191), s91.

Criminal law - "Possession" of prohibited imports - Narcotics hidden by accused in a chest to which accused had access - Chest owned by another person - Control retained by accused - "Possession" not confined to actual physical possession - Customs Act 1901-1971 (Com.), s233B(1)(ca).

Vendor and purchaser - Street construction - Excess of cost over estimated cost - Liability as between parties to contract of sale - Property Law Act 1958 (No.6344), s49(i) - Transfer of Land Act 1958 (No.6399), Seventh Schedule, Table A, condition 15.

Local government - Private street construction - Excess of cost over estimated cost - Liability as between vendor and purchaser - Scheme carried out and estimated cost paid by vendor before date of contract of sale - Local Government Act 1958 (No.6299), s387(1), s580, s581(1), s581(3) and s581(4).

Landlord and tenant - Covenant in lease to pay rent - Further covenant to pay on signing of lease an amount to be credited towards the monthly rental payable for last three months of lease in so far as such amount not otherwise applied to any other liability under lease - Such amount not paid - Action for arrears of rent for last three months of term - Whether claim statute-barred - Relevant time when amount claimed fell due.

Limitation of actions - Action for arrears of rent - Lease under seal made in 1962 for six years - Covenants to pay the rent and to pay on signing of lease an amount equivalent to the rental for last three months of term - No such payment made - Action in 1972 to recover rental for last three months of term - Whether action statute-barred - Limitation of Actions Act 1958 (No.6295), s5(3), s19.

Justices - Special default summons - Refusal of magistrate to grant defendant leave to file special defence that claim statute-barred - Whether discretion properly exercised - Justices Act 1958 (No.6282), s95.

Industrial Law - Industrial Appeals Court - Jurisdiction of Court - "Claim" by union that employees be insured without deduction of wages against medical and hospital expenses incurred by them and dependants - "Claim" by union concerning attendance of employees without deduction of wages at stop-work meetings - Reference by Minister of "claims" - Jurisdiction of Court to determine "claims" on such reference - "Industrial matter" - Labour and Industry Act 1958 (No. 6283), s30(1).

Industrial Law - Industrial Appeals Court - Nature of function of Court in determination of reference by Minister - Court acting judicially or quasi-judicially - Availability of writ of prohibition - Labour and Industry Act 1958 (No. 6283), s45A, s45B.

Sale of land - Specific performance - Sale note providing for sale of land upon conditions of sale in form of contract of sale prescribed under s8 of the Estate Agents Act 1958 - Whether sale note valid and enforceable contract of sale - Sale note containing term as to purchasers obtaining loan - Such term a condition subsequent for benefit of purchasers alone - "Obtaining" - Form of judgment and directions where land subject to mortgage.

Arbitration and awards - Application for stay of proceedings - Arbitration an inquiry of a judicial nature - Right of parties to be heard on arbitration - Whether right to call evidence an essential element of arbitration - Reliance by arbitrator on own expertise in reaching determination - Arbitration distinguished from assessment - Necessity for submission to be in existence at time of commencement of proceedings - Arbitration Act 1958 (No. 6200), s3, s5.

Negligence - Breach of statutory duty by employer - Dangerous machinery - Employer under an absolute duty - Labour and Industry Act 1958, s174.

Transfer of Land - Writ of fi. fa. - Sale by sheriff - Instrument of transfer lodged more than three months from service of writ of fi. fa. but at same time as service of copy writ - Writ ceasing to bind the land - Sale in lieu of partition - Transfer of Land Act 1958 (No.6399), s52 - Property Law Act 1958 (No.6344), PtIV.

Bankruptcy and insolvency - Property of bankrupts - Bankrupts former members of Stock Exchange - Sale by Committee of Exchange of defaulting members' seats on Exchange - Articles of association of Exchange providing for application of proceeds of such sales by Committee - Validity of articles against trustee in bankruptcy of estate of defaulting members - Whether articles void as against public policy - Articles not qualifying any absolute right of property to the detriment of creditors - Articles, together with applications for membership of Exchange by defaulting members, not deeds of arrangement - Whether articles create charge over property of defaulting members - Bankruptcy Act 1966 (Com.), s122, s187, s213.

Limitation of action - Negligence - Application for extension of period within which action may be brought - Whether actual evidence to establish cause of action must be adduced - Whether "material facts relating to the cause of action" known to the claimant - Whether all reasonable steps taken by claimant to ascertain material facts - Limitation of Actions Act 1958 (No. 6295), s23A(2)(a), s23A(2)(b), s23A(3)(a).

Town and Country Planning - Interim Development Order - Extent of Power and responsible authority to grant permit subject to conditions - Condition providing for use of part of land by pedestrian public - Whether ultra vires - Town and Country Planning Act 1961 (No.6849) s18(2A), 3rd Schedule.

Criminal law - Sentence - Common assault - Principles applicable in assessing severity of offence - Judge not entitled to take into account possibility that accused might have been guilty of graver offence - Judge entitled to consider all the circumstances including consequences of accused's conduct reasonably to be foreseen by accused.

Vendor and purchaser - Contract for sale of land - Sale subject to purchaser obtaining loan from a particular source - If loan not obtained, all moneys to be refunded - Loan not obtained - Conditions not self-executing - Conditions for the exclusive benefit for the purchaser - Contract not voidable at the option of vendor.

Courts practice and procedure - Action for damages by infant - Payment into Court on day trial commenced - Amount paid in exceeding award of damages - Validity of late payment in - Whether "to the date of payment in" includes date of payment in - Whether "special cause" entitling plaintiff to special order as to costs - Rules of Supreme Court, O.22 r6.

Administration and probate - Grant of administration ad colligenda bona - Application for such grant - Principles upon which such grant may be made - Protection of assets of estate where usual representation not obtainable promptly - Administration and Probate Act 1958 (No. 6191), s5, s6.

Courts practice and procedure - Action for damages under Wrongs Act - Claim for interest on judgment - Delay by plaintiff in prosecuting action - Whether interest should be granted because "good cause is shown to the contrary" - Supreme Court Act 1958 (No.6387) s79A.

Matrimonial Causes - Dissolution of Marriage - Petition and Cross-petition - Petition granted - Cross-petition dismissed - Whether court precluded from making orders under PtVIII in favour of respondent - Matrimonial Causes Act 1959-1966 (Com.) s89.

Contract - Frustration - Doctrine of - Plea that certain terms only of contract frustrated - Doctrine applicable only to render whole of contract inoperative - Frustrated Contracts Act 1959 (No. 6539) s3(1).

Contract - Construction - Provision for payment of moneys at an agreed rate for non-completion on time - Provision may be rendered inappliable by acts of party seeking to enforce it - Acts which impede or prevent work commencing on time or significantly add to work to be done or render completion on time difficult or impossible - Provision inapplicable if implied term or variation of contract to this effect.

Courts Practice and Procedure - Defence and counter-claim - Counter-claim thereto by plaintiff - Additional claim by plaintiff arising before the issue of writ - Claim to be included by amending statement of claim and not by plaintiff's counter-claim - Additional claim alleged primarily to arise after issue but in alternative prior thereto may be included in counter-claim - No limit upon the amount claimed in such a counter-claim by plaintiff - Supreme Court Act 1958 (No. 6387) s3, s61(3) and s61(7); Rules of Supreme Court O.19 r3; O.21 r10, s15, s16 and s17.

County Court - Jurisdiction - "The amount sought to be recovered" - Meaning of - Damages claimed in plaint summons not exceeding $12,000 - Inference that damages in excess of $12,000 actually sought to be recovered - Jurisdiction of County Court to hear and determine action - County Court Act 1958 (No. 6230), s37(1)(a); County Court (Jurisdiction) Act 1972 (No. 8263).

Probate duty - Notional estate - "Any property of which immediately prior to his death the deceased was competent to dispose" - Meaning of - Testatrix empowered to require trustees of husband's estate to pay portion of residue to her - Probate Duty Act 1962 (No. 6890) s7(1)(f), s7(1)(j).

Criminal law - Armed robbery - Evidence of admission made by accused to police - Whether duty of trial judge to direct jury to be satisfied not only that admissions made but also as to their truth - Evidence of improved financial position of accused shortly after robbery - Admissibility - Where any person is presented...for...felony...jury shall not be charged to inquire concerning his land and goods..." - Application of - Evidence tending to prove admissions in fact made and as to their truth - Prejudice - Exercise of discretion - Crimes Act 1958 (No. 6231), s396, s543.

Income taxation - Allowable deductions - Leases - Covenanted improvements not subject to tenant's rights - Taxpayer assignee of Crown leasehold estate - Consent to improvements granted after 1964 amendments limiting such deductions - Improvements "required" by Crown lease and value thereof - "That consent" required in relation to improvements in fact undertaken - Lessor not giving consent to any specific improvements prior to 1964 amendments - Whether lessor had agreed to give that consent prior to 1964 amendments - Relevant proportion of required expenditure deductible - Income Tax Assessment Act 1936-1969 (Com.) s83AA, s88.

Criminal law - Sentence - Appeal by Attorney General against sentence - Whether sentences imposed inadequate - Counts of armed robbery and attempted armed robbery and larceny of motor car - Purposes of punishment and elements thereof considered - Whether sufficient weight given to all of the aspects of punishment other than reformation - Rehabilitation - Relevance of - Other factors to be considered - Serious offences - Sentences inadequate in the circumstances - Crimes Act 1958 (No.6231), s82(1), s120, s534, s567A.

Matrimonial Causes - Petition for dissolution of marriage - Ancillary matters only in dispute - Application by stranger to intervene - Powers to so order - History of right of intervention in matrimonial suits - Matrimonial Causes Act 1959- 1966 (Com.) s76, s77, s78, s79, s80, s81, s82, s85; Matrimonial Causes Rules r218.

Income Taxation - Undistributed profits tax - "Public" company status - Company "not...carried on for the purposes of profit or gain to its individual members - Income Tax Assessment Act 1936-1973 (Com.) s103A(2)(c).

Lien - Possessory lien arising by usage or trade custom - Slaughtering operations carried on by licensee at abattoirs - Default in payment of moneys due to lessee of abattoirs - Seizure by lessee of carcasses in possession of licensee - Carcasses owned by third parties - Claim by lessee to a general lien arising by usage or trade custom - Matters necessary for creation of such a lien - Elements of lien - Whether trade custom established - Whether owners of carcasses aware of any such trade custom.

Courts practice and procedure - Motion to set aside service of writ served pursuant to the provisions of the Commonwealth Service and Execution of Process Act - Action by Victorian company alleging breach of contract against body corporate in Queensland - Court may set aside service of writ when plaintiff would be unable to obtain leave to proceed - Whether contract made in Victoria or whether a breach thereof had occurred in that State - Contract providing for payment to be made in Queensland - Payment made in Melbourne but no variation in relation to contract established - Service and Execution of Process Act 1901-1968 (Com.), s11; Rules of the Supreme Court O.28, r2.

Courts practice and procedure - Costs - Action by employer for indemnity pursuant to workers' compensation legislation - Action not an action of contract or of tort - Exercise of discretion as to costs - County Court Act 1958 (No. 6230), s37, s37A - Supreme Court Act 1958 (No. 6387), s32 - Workers Compensation Act 1958 (No. 6419), s62(1) - Rules of Supreme Court O.65, r12.

Workers Compensation - Action by employer for indemnity - Nature of action - Workers Compensation Act 1958 (No. 6419) s62(1).

Land - Mortgage - Relevant currency expressed in United States' currency - Refusal by Registrar of Titles to register instrument of mortgage - Absence of currency conversion clause - Nominalistic doctrine applying to foreign currency - Ordinary and practical working of department impeded.

Landlord and Tenant - Lease - Re-entry for non-payment of rent - Claim for relief from forfeiture of lease - Relevant considerations - Property Law Act 1958 (No. 6344), s137.

Courts Practice and Procedure - Jurisdiction - Whether tenant can obtain relief from forfeiture upon a Summons brought under s137 of Property Law Act 1958.

Criminal law - Reputed thief loitering in a public place with intent to commit a felony - Elements of offence - Whether evidence of reputation can be given by person who did not observe loitering - Whether evidence of suspicion as to accused's intent necessary element of offence - Whether Crown must prove that accused intended to commit a particular felony or misdemeanour - Vagrancy Act 1966 (No. 7393) s7(1)(f), s14.

Courts practice and procedure - Discovery - Member's petition under s186 of the Companies Act 1961 - Order for discovery of documents - Relevance of practice as to ordering discovery of documents in winding-up petitions - Companies Act 1961 (No. 6839), s186 - Rules of Supreme Court, PtI, O.31, r12 - Companies Rules, r4.

Companies - Member's petition under s186 of the Companies Act 1961 - Discovery - Order for discovery of documents - Relevance of practice as to ordering discovery of documents in winding-up petitions - Companies Act 1961 (No. 6839), s186 - Rules of Supreme Court, PtI, O.31, r12 - Companies Rules, r4.

Negligence - Duty of care - Relationship of proximity discussed - Whether foreseeability the sole test for determining both culpability and compensation - Duty owed by negligent driver still restricted to those in proximity to careless act - Action by mother of pregnant woman severely incapacitated in motor collision - Injuries consisting of nervous shock induced by observation of pitiable state of plaintiff's daughter - Plaintiff not at scene of accident and mental shock not originating until substantial time after - Claim for travelling expenses associated with rendering assistance to daughter - Claim also for loss of earnings due both to such voluntary assistance and plaintiff's own ill health - No cause of action disclosed - Whether daughter could claim for mother's financial loss as result of services voluntarily rendered discussed - Rules of the Supreme Court O.25, r2.

Courts practice and procedure - Action by plaintiff company for possession of leased premises - Specially endorsed writ - Failure to deliver defence in accordance with Rules - Entry of judgment by plaintiff - Statement of claim in accordance with form in schedule to Rules - No averment that plaintiff a company or that it could sue at law - Whether averments in statement of claim sufficient - Rules of Supreme Court O.3, r4; O.14, r1; O.27, r7.

Liquor control - Sale of liquor contrary to terms of licence - Allegation in information that defendant the holder of a specified licence - Allegation established until contrary shown - "Licensed premises" - Meaning of - Portion of specified premises licensed - Liquor Control Act 1968 (No. 7695) s126, s133.

Courts practice and procedure - Appeal to Full Court from County Court - Notice of Appeal required to be given within 14 days - Notice not given within time - Compliance may be waived by other party - Nature of waiver County Court Act 1958 (No. 6230) s74(2)(a).

Sale of land - Rescission of contract incorporating Table A (Seventh Schedule), Transfer of Land Act 1958 for non-payment of installment of purchase money on day fixed - Waiver by vendor of term that time shall be of the essence - Right of vendor subsequently to give notice requiring payment on a later day - Whether 14 days is reasonable notice for the later payment to be made - Whether notice in accordance with the proviso to CL6 of Table A is necessary on default being made in payment on the later day so fixed.

Courts Practice and Procedure - Action for damages - Defendant out of jurisdiction and not served - Order for substituted service - Interlocutory judgment in default of appearance - Whether person not a party but who is affected by such order and judgment may apply to have them set aside - Discretion of Court - Imposition of conditions - Rules of the Supreme Court O.13, r5; O.16, r11; O.27, r15.

Motor vehicle - Insurance - Uninsured motor vehicle causing death - Driver now residing overseas - Address known to plaintiff - s50 Motor Car Act 1958 applicable - Incorporated Nominal Defendant not a party to action but seeking to set aside order for substituted service and default judgment - Discretion of Court - Motor Car Act 1958 (No. 6325) s50, s51.

Criminal law - Murder - Provocation - Accused informed by third person of provocative conduct by deceased - Whether provocation limited to actions or words by deceased in accused's presence.

Companies - Winding up - Inability to pay debts - Whether petitioner a creditor to whom company indebted in sum due at time demand for payment made - Company a subsidiary of petitioner - Advances by petitioner to company arranged by director in control of both petitioner and company - Whether director authorized to arrange such advances - Whether advances voidable by petitioner on ground of conflict of interest of director - Articles of association of petitioner providing for non-avoidance of arrangements by director on behalf of petitioner with company in which director interested - Companies Act 1961 (No. 6839), s222(2)(a).

Wills - Powers - Deed of Settlement - Settlor having power of appointment upon termination of trusts - No express appointment made by settlor by deed or will - Settlor providing by will for residuary gift - Whether gift operates as execution of power of appointment - Wills Act 1958 (No. 6416) s25.

Custody - Child in custody of mother pursuant to decree nisi - Mother subsequently killed - Applications by father and child's maternal grandparents for custody under State legislation - Further application by grandparents that child be made a ward of Court under State legislation - Jurisdiction - Applications required to be made under Commonwealth Matrimonial Causes Act - Marriage Act 1958 (No. 6306) s142; Supreme Court Act 1958 (No. 6387) s177; Matrimonial Causes Act 1959-1973 (Com.) s8(2).

Matrimonial causes - Completed divorce proceedings - Custody of child granted to petitioner wife - Wife subsequently killed - Applications by both husband and child's maternal grandparents for custody under State legislation - Further application by grandparents that child be made a ward of Court under State legislation - Whether proceedings should be under the Matrimonial Causes Act (Com.) - Commonwealth Act providing that where "a matrimonial cause has been instituted, then, whether or not that cause has been completed, proceedings for any relief or order of a kind that could be sought under this Act in proceedings in relation to that matrimonial cause shall not be instituted ...except under this Act - Marriage Act 1958 (No. 6306) s142; Supreme Court Act 1958 (No. 6387) s16, s177; Matrimonial Causes Act 1959-1973 (Com.) s5(1), s8(2), s68(3), s71, s85, s87; Matrimonial Causes Rules 1960-1973 r16(2), r19(1), r19(2), r218.

Insurance - "Cash in transit" policy - Liability excluded for loss of money in insured's premises - Liability excluded for robbery or theft by an employee if such act was committed whilst money was in insured's premises - Larceny by servant - When was such larceny committed - Employee's duties including transmission of bank deposits daily - Employee determined to steal money on previous day when he arranged for waiting car to take him to Sydney - Employee leaving premises with money and walking towards bank - Employee then proceeding to join his confederates - Theft not in plaintiffs' premises.

Criminal Law - Larceny as a servant - Elements considered - Taking in conformity with master's instructions - Previous intention to steal - Movement of goods involving a departure from the master's instructions required.

Courts practice and procedure - Costs - Judgment by consent for order for taxation of costs "as between solicitors and client" - Judgment in accordance with written agreement between parties - Agreement not adverting to different categories of taxation as between solicitor and client - Whether agreement reflected true intention of parties - Whether judgment to be amended under "slip rule" - Rules of Supreme Court O.28, r12.

Criminal Law - Unlawfully and maliciously inflicting grievous bodily harm - "Maliciously" meaning of - Likelihood of some physical harm resulting - Plea of guilty - Admissions to be attributed to accused by his plea - Crimes Act 1958 (No. 6231) s19A.

Criminal Law - Trial - Accused not giving evidence on oath - Comment by prosecutor - Whether comment amounting to a comment on accused's failure to give evidence - Crimes Act 1958 (No.6231) s399(b).

Criminal Law - Evidence - Police record of interview - Interview containing some admissions and denials - Admissibility of whole of interview - Discretion of trial judge to admit whole or part of interview.

Company - "Mortgage Banking" - Whether "dealing in securities" - "Securities" includes any interest within the meaning of s76 of the Companies Act - What constitutes an "interest" within s76 - Nature of relief under s5B Securities Industry Act 1970 - Companies Act 1961 (No.6839) s76 - Securities Industry Act 1970 (No.7962) s5, s5B and s9(1).

Criminal law - Rape - Intention to have intercourse without consent - Accused's belief that woman was consenting party - Sufficiency of direction by trial judge.

Criminal law - Crown witness who gave scientific evidence at the committal - Witness not called by Crown at trial as absent overseas - Whether disadvantage overcome by Crown conceding certain facts and obtaining admission of such facts by accused - Admissions by Crown - Propriety of such course - Whether any miscarriage of justice - Evidence Act 1958 (No. 6246) s149A.

Contract - Building and construction contracts - Rise and fall clause - Variation in award labour rates - "Minimum rates of wages" - Variation in rate not limited to variations in ordinary time rate prescribed by award.

Courts Practice and Procedure - Appeal to County Court from Magistrates' Court - Application to Judge to state facts specially for determination of Supreme Court - Refusal - Order Nisi to state facts specially - Principles applicable upon such application - Justices Act 1958 (No. 6282) s152, s154.

Motor Traffic and Motor Vehicles - Driving whilst blood alcohol content in excess of .05 per cent - Certificates indicating reading of .13 per cent - Test taken two hours and eight minutes after driving - Presumption of continuance - No finding as to precise maximum blood alcohol content whilst driving - Motor Car Act 1958 (No. 6325) s80F and s81A(3)(a)(i).

Transfer of Land Act - Application for removal of caveat - Application by caveator to amend caveat - Amendment involving change in equitable estate claimed and change in protection sought - Powers of court - Transfer of Land Act 1958 (No. 6399) s90(3).

Companies - Information alleging failure to keep accounts and records of transaction and financial position of company - Order made that defendant be relieved from liability - Information dismissed - Scope of power of Court to relieve defendant from liability - Whether applicable to criminal proceedings under Companies Act - Whether confined to relief from civil liability - "Court" - Meaning of - Whether includes any court other than the Supreme Court or a judge thereof - Companies Act 1961 (No. 6839) s161, s365.

Will - Construction - "Personal possessions" - Meaning of - "All moneys remaining" when a named child reaches 17 years - Meaning of "all moneys" - No other residuary provision in will - Surplus income in meantime - Disposition of.

Contract - Agency - Ostensible authority or agent to contract on behalf of principal - Whether representation to contractor that agent had authority to enter into contract - Whether contract ratified by principal.

Companies - Agency - Ostensible authority of agent to contract on behalf of company - Whether representation to contractor by person having authority to manage business of company generally that agent had authority to enter into contract.

Limitation of actions - Negligence - Application for extension of period within which proceedings may be brought - Whether ignorance of legal rights is ignorance of a "material fact relating to the cause of action" - Limitations of Actions Act 1958 (No. 6295) s23A.

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

Criminal law - Sentence - Power of judge of County Court to set aside or vary order or sentence previously pronounced - Order that in lieu of sentence of imprisonment offender be retained in mental institution - Subsequent imposition of sentence of imprisonment - Whether judge functus officio - Judge of County Court able to alter or vary sentence at any time before record of Court completed - Mental Health Act 1959 (No. 6605) s42, s51.

Criminal law - Sentence - No minimum term imposed - Belief that offender would not offend again - Counts of making false entries and obtaining cheques by false pretences - Court required to fix minimum term in the circumstances - Purpose of parole legislation to lessen burden of punishment - Minimum term to be fixed unless "the nature of the offence and the antecedents of the offender render the fixing of a minimum term inappropriate" - Social Welfare Act 1970 (No. 8089) s190(1) as enacted by the Social Welfare Act 1973 (No. 8493).

Criminal law - Sentence - Persons jointly presented and sentenced on charges of larceny of a motor car and conspiracy to commit robbery - Whether disparity between punishment of co-accused - Whether trial judge entitled to have regard to overt acts furthering conspiracy - Factors affecting the imposition of punishments on joint offenders.

Companies - Examination of former officer - Order - Form of - Service of order out of State of Victoria - Companies Act 1961, (No. 6839) s367A; Service and Execution of Process Act 1901-1963 (Com.) s16(1).

Workers' compensation - Injury caused to worker "outside Victoria" - Contract of employment entered into in Victoria - Workers compensation legislation - Interpretation of Workers Compensation Act 1958 (as amended) (No. 6419) s7.

Insurance - Construction - Condition of policy - Declaration in proposal by insured that "I warrant and declare...that to the best of my knowledge and belief...the motor vehicle...has not been and will not be specially modified from maker's original specifications" - Whether declaration relates to present state of belief only or amounted to promise as to future conduct.

Courts practice and procedure - Appeal from County Court to Supreme Court - Jurisdiction - Order of a County Court judge dismissing request for further particulars and to set aside notice to set down in a civil action - Whether an appeal lies from an "order" made in an "action" - County Court Act 1958 (No. 6230), s74(1).

Courts practice and procedure - Personal injuries - Request for further particulars of plaintiff's loss of earning capacity - Particulars required to be specified - County Court Rules 1964 O.12, r1(c).

Motor car - Breath-analysis - Copy certificate stating that name of person tested was "Howard" - Other evidence establishing that the defendant "Harwood" was person tested - Whether certificate "in or to the effect of Schedule Seven" - s80F(2) and s80F(3), Schedule Seven Motor Car Act 1958 (No. 6325).

Evidence - "Prima facie evidence" - Certificate prima facie evidence of facts and matters contained therein - Other evidence admissible to prove that name stated in certificate wrong and that defendant was person to whom the certificate related.

Limitation of actions - Application for extension of time within which to bring action - Such application to be made to court in which it is proposed to bring proceedings - Whether the power to order an extension of time applies only to particular contemplated proceedings - Whether application can only be made before proceedings are instituted - Whether an order could be made nunc pro tunc - Material facts relating to cause of action not known to applicant when significant aspects of the extent of personal injury caused by initial injury not known to her - Meaning of "the extent of the personal injury" considered - Questions of degree and significance involved - Test whether applicant had taken all reasonable steps an objective one - Limitation of Actions Act 1958 (No. 6295), s3(1), s5(6), s23A.

Landlord and tenant - Prescribed premises - Determination of fair rent - Factors to be considered - Duty of Fair Rents Board - Appeal to Supreme Court - Relevant considerations - Landlord and Tenant Act 1958 (No. 6285) s57, s59(4)(b), s64(1).

Criminal law - Conviction for armed robbery - Crown case depending on confessional and circumstantial evidence - Crown case that interview occurred with accused at police station - Denial by accused of occurrence of such interview - Entry in Police Station Interview Register admitted in evidence as proof that interview took place between accused and police - Portion only of Register made by Crown witness - Entry admissible only to answer contention that Interview Register contained no entry regarding alleged interview - Such limited admissibility subject to trial judge's discretion to exclude evidence on grounds of fairness and in interests of justice - Whether any substantial miscarriage of justice - Crimes Act 1958 (No.6231) s586(1).

Evidence - Hearsay - Admissibility - Crown seeking to prove that interview between police officer and accused took place - Interview Register produced containing entry relating to interview - Whether entry could be produced on footing that the entry was evidence that the police officer had interviewed the accused - Relevant entries made by other police - Portion only made by police witness - Entry inadmissible as proof that the interview took place - Proof of the existence of practice not relevant to admissibility - Entry admissible only as evidence that there was an entry relating to interview and suggestion that no such entry existed - Such limited admissibility subject to discretion of trial judge to exclude it in interests of justice - Evidence Act 1958 (No.6246) s55(2).

Criminal law - Sentence - Period in custody by prisoner awaiting trial - Relevance of - Factor to be taken into account in fixing substantive sentence as well as in fixing minimum.

Criminal law - Convictions for robbery in company and assault - Principal Crown witness and alleged victim unable to recollect critical details of episode - Evidence of that witness based entirely on copy of written statement which he had given to police - Neither the original nor copy of statement produced or asked for at trial - Whether evidence admissible - Crimes Act 1958 (No. 6231) s118, s120.

Evidence - Witness with no independent recollection of episode - Evidence given by witness based entirely on copy of written statement given by him to police shortly after event - Neither original nor copy of statement produced or asked for by counsel or accused at trial - Admissibility of such evidence - Whether any right to tender in evidence record from which witness speaks in absence of special circumstances - Rule that secondary evidence of a document admissible unless the original is called for discussed - Evidence Act 1958(No. 6246) s55.

Criminal law - Sentence - Appeal by Crown - Whether sentence imposed inadequate - Counts of indecently assaulting a girl aged nine - Prior sexual offences - Released on a bond to be of good behaviour for three years and undergo prescribed treatment - Whether miscarriage of discretion - Principles of punishment and of interference with sentencing discretion - Rehabilitation - Deterrence - Weight to be allotted - Crimes Act 1958 (No. 6231), s55(1), s67A.

Courts practice and procedure - Costs - Appeal - Security for costs - Impecunious appellant - Matters to be considered in deciding whether to order such an appellant to provide security - Points of law raised in appeal affecting a matter of public importance - Rules of the Supreme Court, O.58 r16 - Companies Act 1961 (No. 6839), s67, s367B.

Insurance - Construction of policy - "Money in transit" - "Money...for bank deposit" - "Loss" - "In transit for bank deposit" - Meaning of - Pre-arranged plan by servant and others to steal money instead of banking it - Money handed to servant in employee's premises but servant failing to go to bank but absconding.

Criminal law - Larceny - Money given to servant to take to bank - Pre-arranged plan by servant and others to steal money instead of banking it - Time and place at which larceny occurred - Animus furandi - Discussion of.

Arbitration - Stay of proceedings - Contract - Third party proceedings - Indian law applicable in commercial dispute between plaintiff and defendant and between defendant and third party - Arbitration clause nominating Indian tribunal as arbitrator - Application for stay by third party - Relevant considerations - Arbitration Act 1958 (No. 6200) s5.

Criminal law - Trial - Crown case based on circumstantial evidence - Direction to jury - Whether jury should be directed to acquit if cannot exclude every hypothesis consistent with innocence.

Motor traffic - Driving a motor cycle without being the holder of a licence - Whether "licence" includes a "learner's permit" issued in New South Wales - Motor Car Act 1958 (No. 6325) s22C(1)(b) and s24(1)(a).

Criminal law - Sentence - Appeal by Crown against sentence - Culpable driving - Accused an alcoholic - In receipt of voluntary treatment for alcoholism - Imposition of unconditional bond to permit continued treatment - Whether miscarriage of Judge's discretion under the Alcoholics and Drug-dependent Persons Act 1968 - Whether sentence imposed inadequate - Construction and operation of s13 of the Alcoholics and Drug-dependent Persons Act discussed - Alcoholics and Drug-dependent Persons Act 1968 (No. 7772), s13, s14.

Administrative law - Small Claims Tribunal - Certiorari - Declaration and injunction - Hearing of small claim - Order that "trader" refund purchase price of defective appliance to "consumer" - In determining claims principles of general law to be applied - Natural justice - Whether bias or failure to give a hearing - Tribunal not adverting to proper legal basis for allowing claim - Failure to make order conditional on return of goods - Whether want of jurisdiction rendering decision a nullity - Small Claims Tribunal Act 1973 (No.8486) s17, s18(2).

Sale of land - Purchaser in default - Notice of default posted by vendor to address of purchaser in contract but not received by purchaser - Vendor not entitled to exercise his rights and remedies "unless and until he serves on the purchaser" a written notice - Further condition of contract that any notice "shall be sufficiently made or given...if posted by pre-paid letter to the address of" the purchaser contained in the contract - Whether notice sufficiently served - Transfer of Land Act 1958 (No. 6399) Table A, Conditions 6 and 13; Acts Interpretation Act 1958 (No. 6189) s25.

Negligence - Master and servant - Vicarious liability of Commonwealth - Naval rating injured when travelling as passenger in motor car driven by another rating - Ratings travelling on duty with permission of naval authorities - Finding by jury that driving as servant or agent of Commonwealth - Whether finding open to jury in the circumstances.

Local Government - Councillor - Allegations that councillor acted whilst incapacitated under Act - Action for penalty - Whether councillor had direct or indirect pecuniary interest - Meaning of - Whether failure to disclose interest - Local Government Act 1958 (No. 6299) s181(1) and s181(8).

Courts practice and procedure - Submission of no case to answer - Whether decision that there was a case to answer reviewable - Summons to set aside order nisi - Order nisi granted by Judge - Whether such discretion reviewable.

Criminal law - Legal representation of prisoner at hearing in jail - Prisoner - Trial at jail - Right of prisoner to be legally represented - No statutory right to demand legal representation - Legal practitioner's statutory right of audience - Such right not conferring any rights upon litigants - Position at common law in relation to legal representation before justice discussed - Legal Profession Practice Act 1958 (No. 6291) s5(3), s111.

Certiorari - Visiting justice at Pentridge refusing prisoner legal representation before him on ground that he had no power to allow it - Error of law - Whether certiorari lies in view of statutory provisions - No denial of natural justice in the circumstances - Discretionary power of justices in summary proceedings to regulate their own proceedings - No rights whether by statute or by reference to cases before statutory or domestic tribunals to demand legal representation - Legal practitioner's statutory right to be heard not sufficient - Social Welfare Act 1970 (No. 8089) s120, s137, s138, s145; Justices Act 1958 (No. 6282) s91(1), s112; Social Welfare (Prisons) Regulations 1972 reg26(d).

Matrimonial causes - Maintenance order made on decree nisi - Application to vary - Whether changed circumstances sufficient to give court jurisdiction - Remarriage of husband - How far position of new wife and family postponed to that of first wife and family - Adultery of first wife - Receipt of social service payments by first wife - When and how far should they be taken into account in assessing maintenance - Matrimonial Causes Act 1959-1966 (Com.) s87(1)(j),(2).

Husband and wife - Matrimonial home - Home registered in husband's name - Land bought as vacant land and builder engaged to build house prior to husband meeting wife - Construction commenced after parties became engaged - After marriage parties lived in home as their matrimonial home - Statutory presumption not applicable unless both land and dwelling acquired during or in contemplation of marriage - No common intention that both should be joint beneficial owners - Expenditure by wife upon house itself out of own earnings and upon family's living expenses - Whether discretion should be exercised by reason thereof so as to give wife an interest in property - Such conduct not to be taken into account unless directly related to the acquisition of property or its extent or value - Only wife's direct expenditure on improvements to be considered - Discretion as to costs considered - Marriage Act 1958 (No. 6306), s161, Marriage (Property) Act 1962 (No. 6924), s3.

Evidence - Discretion of trial judge to comment on failure of party to call witness - Three doctors who had treated injured plaintiff in hospital after accident not called on behalf of plaintiff - Plaintiff leaving hospital without approval - No evidence that doctors unavailable to be called - Direction to jury to ignore failure to call those doctors - Further direction that open to defendant to call the witness - Plaintiff able to prevent doctors from giving evidence - Witnesses not equally available to both parties - Burden upon plaintiff to explain why they were not called - Proper directions to be given in the circumstances considered - Evidence Act 1958 (No. 6246), s28(2).

Damages - Appeal against assessment of damages - Refusal of treatment by plaintiff after accident - Plaintiff leaving hospital after accident without approval - Three doctors who treated plaintiff in hospital not called on her behalf - Whether plaintiff suffering from conversion hysteria caused by accident - Defendant contending plaintiff was malingerer who unreasonably refused treatment and unreasonably failed to mitigate her damages - Directions to be given by trial judge in the circumstances considered - New trial ordered confined to issue of damages by reason of substantial miscarriage of justice - Rules of Supreme Court O.58, r6.

Town and Country Planning - Resolution that permit be granted to build flats "subject to the submission and approval of the landscape plan for the open areas" - Whether resolution constituted valid determination - Landscape plan subsequently approved by officers of Council and permit issued - Whether such approval an administrative act and capable of such delegation - Objections to permit lodged after resolution by Council met before issue of permit - Whether permit validly issued - Whether Council under any duty to consider objections - Town and Country Planning Act 1961 (No. 6849) s18, s18C, s27.

Administrative law - Small Claims Tribunal - "Small claim" for damage to motor car whilst parked in respondent's car park - Claimant issued with ticket containing terms and conditions of parking - Whether claim within jurisdiction of tribunal - In determining a claim whole law of contract to be applied including terms and conditions of a contract - Meaning of "a contract for the provisions of services" - Whether comprises contract of bailment in the form of hire of custody - Claim for damages in tort - Arising out of contract for the Provision of services - Small Claims Tribunal Act 1973 (No. 8486), s2(1), s14, s17.