Mortgage - Action for ejectment upon default in payment of principal and interest - Mortgage of land under Transfer of Land Act - Whether notice or demand for possession required before writ issued - Mortgagee's statutory rights to recover possession of land without notice considered - Covenant in mortgage that mortgagor attorns and becomes tenant from week to week - Notice to quit given - Whether notice valid or required, considered - Further covenant in mortgage preserving rights of mortgagee under Transfer of Land Act - Form of statement of claim referred to - Transfer of Land Act 1958 (No. 6399), s74, s76, s78, s81, 13th Schedule; Rules of the Supreme Court O.21, r21, O.54, r16.

Workers Compensation - Claim by dependants arising out of deceased acting as paid referee in soccer match - Claim against unincorporated association as employer - Whether dependants could at Board sue unincorporated body by its collective name - Whether there could be contract of employment between deceased and unincorporated body known as Victorian Soccer Federation - Statutory definitions of "employer" and "worker" considered - For the purposes of workers compensation provisions unincorporated association given a juridical personality and liable to pay compensation - Meaning of "works... otherwise with an employer" discussed - Referee in complete control of soccer match but subject to rules and regulations of Federation - Referee appointed by and his fee fixed by Federation but paid by home team - Whether arrangement constituted contract of service or contract for services - Whether referee "worker" - Form of case stated and function of appellate Court considered - Workers Compensation Act 1958 (No. 6419), s3, s4(4), s5, s43(3), s46, s54, s56, s72, s83, s84; Acts Interpretation Act 1958 (No. 6189), s11(1).

Courts practice and procedure - Service - Defendant company sued in firm name - Company carrying on business within the jurisdiction under that firm name being a name other than its own - Method of service - Notice to person served - Service on person having "control or management of partnership business" - Proof of - Service at "The principal place" of business - Meaning of - Rules of the Supreme Court, O.48 (A) r3, r4, r11.

Negligence - Personal injuries - Issue as to whether plaintiff or defendant driving at time of accident - Trial judge not satisfied that defendant was the driver and plaintiff a passenger - Drawing of inference involved an appreciation of character and personality of witnesses - Whether appellate court should interfere with finding - Principles relevant to interfering with judge's finding of fact.

Courts practice and procedure - Pleadings - Alternative cause of action pleaded in reply - Allegation if plaintiff was the driver the defendant negligently directed and controlled him in the driving - No amendment made to statement of claim - Whether alternative claim before the Court - Whether duty of care owed in the circumstances - Whether any such duty breached by defendant.

Probate duty - Notional estate - Testatrix empowered under will of late husband to request trustees of his estate "to raise any sum or sums out of the capital of (a half part of the residuary estate) and pay the same to my wife for her use and benefit" - "Any property of which immediately prior to his death the deceased was competent to dispose" - Meaning of - Whether general power of appointment - Whether power existed at time of her death - "Property of which immediately prior to her death the deceased was competent to dispose" - Meaning of - Whether actual receipt by testatrix necessary - Probate Duty Act 1962 (No. 6890) s7(1)(f) and s7(1)(j).

Negligence - Personal injuries - Onus of proof - Claim by injured plaintiff for loss of earning capacity since accident - Evidence adduced by defendant that plaintiff could have worked and earned - Direction to jury by trial judge that onus on defendant to prove that plaintiff had failed to mitigate his loss - Whether question of mitigation of damages raised - Misdirection as to onus of proof.

Courts Practice and Procedure - Appeal to Full Court from judgment in personal injuries case - Misdirection by trial judge in matter of burden of proof - No application at trial for redirection - "Substantial wrong or miscarriage" - Judgment set aside - Whether proper case for exercise of power by Full Court under s19A Supreme Court Act 1958 - Rules of the Supreme Court O.58, r6 - Supreme Court Act 1958 (No. 6387) s194.

Infants and children - Declaration made under Social Welfare Act that child in need of care and protection - Child admitted into care of Social Welfare Department - Application to Supreme Court that child be made a ward of Court and seeking orders as to custody - Paternal jurisdiction of Supreme Court - Powers of Court - Jurisdiction subject to the specific provisions of Social Welfare Act - Social Welfare Act 1970 (No. 8089) s33, s36, s40, s41; Supreme Court Act 1958 (No. 6387), s16, s177.

Will - Construction - Gift to "Australian Aboriginal League" to be applied "for the benefit of aboriginal women in Victoria" - League in existence at date of will but absorbed into Aborigines Advancement League prior to death of testatrix - Charitable gift - "Aboriginal women" - Meaning of - Not restricted to aboriginal women of full blood - Preparation of scheme appropriate to circumstances.

Probate and Estate Duties - Dutiable estate - Notional property - Life assurance - Policy effected by father creating trust under the Life Insurance Act in favour of daughter - Premium paid by father - Whether premiums or proceeds of policy to be included in dutiable estate "Creation of any trust" - "Disposition of property" - "Gift inter vivos" "which does not form part of the estate of the deceased" - Life Insurance Act 1945-1965 (Com.) s94 - Probate Duty Act 1962 (No. 6890) s4, s5, s6, s7(1)(d)(i), s8(1)(d) and s8(1)(e), s8(3).

Probate and Estate Duties - Dutiable estate - Notional property - Annuity - Loading of premium for annuity because of grant of life policy - Whether "consideration other than full consideration"--Probate Duty Act 1962 (No. 6890) s4, s7(1)(d).

Court practice and procedure - Application under inherent jurisdiction of Court that action be stayed as frivolous and vexatious - Writ seeking damages for libel - Defendant named as "The Attorney-General for the State of Victoria" - Different person occupying such office at date of alleged libel as at time of issue of writ and service - Contention that the Attorney-General for the State of Victoria was a corporation sole and that the action lay - Leave sought to amend the description of the defendant as a misnomer for "The State of Victoria" - Statute of limitations - No intention on the part of plaintiff to so sue - Nor did defendant know or ought reasonably to have known that this was intended - Rules of the Supreme Court, O.58, r4; Crown Proceedings Act 1958 (No. 6232), s22(2); Limitation of Action Act 1958 (No. 6295), s32.

Criminal law - Murder - Intent - Participation and assistance by accused in acts of another resulting in murder - Belief by accused that other person did not intend to carry out acts in question - Relevance - Mens rea - Adequacy of direction to jury.

Criminal law - Murder - Duress - Accused acting in concert with or aiding and abetting principal - So acting from duress - Relevance - Whether duress a defence to charge of murder.

County Court - Summonses - Concurrent summonses served out of Victoria but not complying with terms of Service and Execution of Process Act - Further concurrent summonses issued after expiry of 12 months from issue of original summonses - Validity - Order for substituted service - Order made ex parte - Validity - Application by defendant to set aside summonses and their service - Application by plaintiff for orders curing defects in procedure - Order made deeming original service valid and deeming valid service in accordance with order for substituted service - County Court Rules 1964, O.50 r1; O.52 r1, r2; O.3 r1, r18; Service and Execution of Process Act 1901-1973 (Com.) s8.

Trusts - Power of trustees - Charitable institution - Conferring investment powers on trustee - Power as to sale of land - "Custodian Trustee" or trustee for charitable purposes - Trustee Act 1958 (No. 6401) s63(1); Hospitals and Charities Act 1958 (No. 6274) s89.

Contract - Sale of land - Special condition - Contract for purchase of property "conditioned upon" the purchaser having a plan of subdivision sealed by local council within specified time - Plan not sealed within time - Whether special condition for benefit of purchaser only and capable of being waived by it - Implied term - Surrounding circumstances - Condition of benefit to vendors - Belief by vendors that special condition of potential benefit to them - Principles applicable.

Negligence - Contributory negligence - Infant plaintiff riding bicycle when struck by motor car - Whether age of child relevant to standard of care by plaintiff - Finding by jury that plaintiff 70% responsible - Whether finding unreasonable - Directions by trial Judge as to duty of reasonable care, relevance of age of plaintiff and as to apportioning degrees of responsibility - Whether adequate - No objection to direction taken at trial - Order for new trial - Principles to be applied.

Courts practice and procedure - Subpoena - Service out of jurisdiction on person requiring him to attend for examination concerning his conduct and dealings as officer of a company in liquidation - Failure to attend - Validity of order granting leave to sue out subpoena for service outside jurisdiction - Nature of examination of defaulting officer - Issue of warrant of apprehension - Companies Act 1961 (No. 6839) s367A; Evidence Act 1958 (No. 6246), s150; Service and Execution of Process Act 1901-1968 (Com.) s16(1) and s16(2).

Health - Information alleging sale of adulterated food - Whether information subject to limitation period imposed by Act - Whether sixty day limitation period applicable - Food purchased from retailer by woman who thereafter took it to health inspector - Inspector stating that he would have same analysed - Whether food "procured" for the purpose of analysis - Policy of legislation considered - Health Act 1958 (No. 6270), s276, s277, s278, s279, s295.

Limitation of actions - Writ claiming damages for personal injuries by reason of employer's negligence or breach of duty - Writ issued on a Monday one day after three year period of limitation had expired - Offices of the Court closed on Sunday - Whether action statute barred - Rule enabling Judge to issue a writ on any day on which the Prothonotary's office is closed - Statute providing that where time limited for doing any act or thing expires on a holiday act or thing may be done on next day - Whether statute operated to extend time - Limitation of Actions Act 1958 (No. 6295), s3(1), s5(6); Acts Interpretation Act 1958 (No. 6189), s31A, Rules of the Supreme Court O.5, r6, O.25, r2, O.64, r1, r3(1).

Criminal law - Murder - Joinder of other counts with count of murder in same presentment - Application to sever presentment - Principles to be applied - Count of murder may be joined with other counts.

Criminal law - Trial - Joint trial of co-accused - Application for separate trials on the grounds of prejudice and embarrassment - Statements made to police by one accused implicating other accused and supporting Crown case - Refusal by trial Judge of separate trial - Exercise of discretion - Principles applicable - Review of discretion on appeal - Discretion exercised correctly at time and trial properly conducted but subsequent events during trial such as to result in miscarriage of justice due to joint trial - Power of court on appeal to set aside conviction where "miscarriage of justice" shown - Meaning of.

Criminal law - Trial - Accused charged with murder and two other alternate counts in one presentment - Conviction for murder and one other count - Appeal against conviction for murder upheld on ground of miscarriage arising from joint trial with co-accused - Order that both convictions be quashed and new trial ordered on all three counts.

Courts Practice and Procedure - Order to Review - Additional evidence on affidavit - Grounds on which the Court will permit additional evidence - Justices Act 1958 (No. 6282), s160.

Motor car - Person disqualified from holding driver's licence in another State of the Commonwealth - Suspension by Chief Commissioner of Police of Victorian licence - Appeal to magistrates' court - Material to be disclosed to the court - No jurisdiction to quash or vary suspension of licence - Motor Car Act 1958 (No. 6325), s25(1), s25(3).

Time - Computation - "at least fourteen days' notice" - Clear days - Motor Car Act 1958 (No. 6325), s25(2).

Justices - Practice and Procedure - Failure to give proper notice of appeal to magistrates' court - Effect on the jurisdiction of the court to hear the appeal - No waiver of the requirment for proper service.

Damages - Personal injuries - Plaintiff absent from employment - Employer paid plaintiff holiday pay for that period under terms of employment - Plaintiff not entitled to claim for period as special damages - General damages - Relevance of.

Building contract - Disputes between builder and building owner - Order for reference of questions to special referee for enquiry and report to Court - Finding by special referee that building owner liable to pay builder a specified sum - Principles applicable to resolving conflicts between parties as to what took place before special referee - Principles to be applied in determining whether or not finding of special referee should be adopted or set aside by Court - Unilateral communication by party with special referee after report made - Undesirability of - Arbitration Act 1958 (No. 6200) s14, s16(1).

Building contract - Damages - Measure of - Whether building owner entitled to damages for physical inconvenience and time spent in rectifying or arranging to rectify defects.

Courts practice and procedure - Costs - Adoption by Court of report of special referee - Judgment entered for sum found to be owing by building owner to builder - Payment into Court by defendant building owner after order for reference but before reference made of an amount greater than judgment - Amount of judgment less than one half of County Court jurisdiction - Relevant considerations in determining costs payable by parties - Whether costs should be set off against each other - Whether balance of costs owing by builder to building owner should be set off against damages recovered by builder - Rules of the Supreme Court, O.22 r6, O.65 r12.

Administrative law - Ombudsman - Jurisdiction - Power "to investigate any administrative action in any Government Department" - "Administrative act" includes "any action relating to a matter of administration" - Complaint by prisoner in a gaol of assault on the prisoner by prison officer in presence of senior officials - Whether Ombudsman has jurisdiction to investigate complaint - Ombudsman Act 1973 (No. 8414) s2, s13, s14, s23, s27.

Matrimonial causes - Access - Restrictions on access - Allegations of sexual interference with child - Standard of proof - Welfare of child - Marriage Act 1958 (No. 6306), s133.

Evidence - Documentary report by agent - Admissibility as against principal - Whether contents and recommendations in report shown to have been adopted by principal so as to render it admissible.

Mortgage - Mortgagee's sale - Duties of mortgagee on sale - Obligation to act in good faith and with regard to interests of mortgagor - Duty to advertise - Nature of - Whether obligation to delay sale for more propitious market - Duty to ascertain value of land prior to sale - Application for interlocutory injunction to restrain mortgagee's sale - Principles applicable - Transfer of Land Act 1958 (No. 6399) s77.

Injunction - Interlocutory - Mortgage - Sale by auction of industrial land by first mortgagee - Interlocutory injunction sought by mortgagor to restrain completion - Duties of selling mortgagee - Whether disregard of interests of mortgagor - Principles on which interlocutory injunction to be granted - Whether substantial issue to be tried - Alleged improprieties affecting sale - Not case of bad faith - Payment into Court - As condition of injunction - Transfer of Land Act 1958 (No. 6399) s77.

Courts practice and procedure - Costs - Partition action - Registrar of Titles joined as defendant - Incidence of costs where Registrar decides to appear.

Criminal law - Murder - Sentence - "shall be liable to imprisonment for the term of his natural life" - Meaning of - No discretion given to Court - Crimes Act 1958 (No. 6231) s3 as amended by Crimes (Capital Offences) Act 1975 (No. 8679); Social Welfare Act 1970 (No. 8089) s190(1).

Statutory interpretation - Amendment of Bill during passage through - Parliament - Relevance of - Parliamentary debates - Relevance of as aid to interpretation of legislation.

Courts practice and procedure - Summons for order in exercise of inherent jurisdiction of Court to dismiss action as an abuse of process of Court - Action by boxer for injuries received in boxing match for reward - Action in negligence against body conducting fight, matchmaker and referee, trainer, and promoter - Boxing contest fought under rules of boxing - Submission that boxing contest was a prize fight illegal as such considered - Whether boxing was unlawful where blows struck which were either likely to do or were intended to do bodily harm - Rules of boxing discussed - Whether blows struck in boxing contest constitute an unlawful and criminal assault - Whether consent of boxer to infliction of force on him prevented boxing contest from being unlawful - Not every boxing contest illegal - Intention of the parties and mode and conditions of the encounter must be examined - Whether plaintiff's claim founded on a criminal act a question of fact to be determined on the evidence - Impossible to say that plaintiff could not succeed in an action - Evidence Act 1958 (No. 6246), s135, Rules of the Supreme Court, O.25, r4.

Criminal law - Whether offence known as "prize fighting" - Whether boxing otherwise unlawful - Distinction between fights that are lawful and fights that are criminal offences discussed - No offence unless an unlawful assembly, a riot, an affray or an assault - Rules and history of boxing considered - Ordinarily no assault involved in boxing contest there being (on striker's part) no hostile intent and (on the part of person struck) consent to infliction of blows involved - Consent to blows intended to do or calculated to do serious bodily harm not permitted - Grievous bodily harm defined - Circumstances in which a boxing contest for reward may constitute an assault or other criminal offence considered.

Companies - Winding up - Statutory notice for liquidated demand - Crossclaim for unliquidated damages - Whether defence of equitable set-off - Whether bona fide dispute - Overstatement of amount of debt - Effect on statutory notice - Whether Court should exercise its discretion to make winding up order - Assertion of solvency - Companies Act 1961 (No. 6839) s221, s222.

Defamation - Alleged libel in newspaper article - Person not identified by name in article - Interrogatories as to whether article intended to refer to plaintiff - Such intention material to issue of damages including both aggravated damages and exemplary damages - Whether interrogatories also allowable on issue of identification of plaintiff with person referred to in article.

Courts practice and procedure - Interrogatories - Libel action - Article in newspaper with wide circulation - Article capable of bearing highly defamatory meaning - Person referred to in article not identified by name - Denial that words complained of referred to plaintiff - Plaintiff entitled to interrogate as to whether the article was intended to refer to him - Intention to refer to plaintiff material to issue of damages including aggravated and exemplary damages.

Evidence - Admissibility at second trial of transcript of evidence given by witness at former trial of same action - Witness presently overseas - Pleadings amended at commencement of second trial - Additional heads of negligence added and new issues raised in defences and reply - Whether the same issues were involved at both first trial and second trial - Whether sufficient opportunity to crossexamine absent witness - Whether discretion to exclude testimony given at former trial - Parties the same at second trial - Additional issues raised at second trial but substantially the same issues involved - Transcript evidence sought to be tendered in relation to same issues as in first trial - Full opportunity to crossexamine at first trial in relation to those issues - No miscarriage of justice in admitting testimony - Discretion to exclude such evidence discussed - Calling witness after close of plaintiff's case discussed - Evidence Act 1958 (No. 6246) s135.

Courts Practice and Procedure - Payment into court - Acceptance of money paid into court - Acceptance constituting compromise of action - Rules of the Supreme Court, O.22.

Damages - Personal injuries - Acceptance of money paid into court - Compensation previously paid to employee by Commonwealth - Right of Commonwealth to recover out of damages compensation previously paid - Whether or not money paid into court reduced by employee being partly responsible for injury - Commonwealth Employees' Compensation Act 1903-1970, s17A; Compensation (Commonwealth Employees') Act 1971, s4, s97, s99, s104, s105, s119; Acts Interpretation Act 1901-1973, s8.

Criminal law - Culpable driving - Standard of care - "Gross" negligence - Meaning of - Direction to jury - Crimes Act 1958 (No. 6231) s318.

Evidence - Trial - Charge of culpable driving causing death - Evidence of sobriety of driver of other motor car - Relevance of - Relevant only in relation to movements of his vehicle upon road - Evidence logically relevant but tenuous and remote in the circumstances - Whether admissible.

Arbitration - Costs - Right of successful party to costs - Arbitrator's discretion as to costs - Reasons must exist to justify departure from the general rule.

Justices - Order to Review - Failure of magistrate to accept credible uncontradicted evidence - Rehearing ordered.

Evidence - Uncontradicted evidence - Prima facie case.

Poisons - Indian Hemp - "Cannabis sativa L" - Analysis of substance.

Defamation - Pleadings - Particulars - Entitlement of defendant to particulars of words or portion of article alleged to be defamatory - Defendant entitled to particulars of meanings of alleged defamatory words.

Courts practice and procedure - Pleadings - Particulars - Entitlement of defendant to particulars of words or portion of article alleged to be defamatory - Defendant entitled to particulars of meanings of alleged defamatory words.

Barristers and solicitors - Articles of clerkship - Admission to practice as barrister and solicitor - Applicant not throughout articles "a permanent member of the public service of the State of Victoria" - Powers of Court to review ex parte proceedings and upon determination of review - Bona fide error - Legal Profession Practice Act 1958 (No. 6291) - Rules of the Council of Legal Education, r38, r45.

Death duties - Probate duty - Notional estate - Joint tenant with testator - Ultimate burden of duty - Expression of contrary intention - Probate Duty Act 1962 (No. 6890), s26(1).

Death duties - Estate duty - Whether duty on notional estate recoverable from surviving joint tenant - Different disposition - Estate Duty Assessment Act 1914-1972 (Com), s35.

Courts practice and procedure - Service within jurisdiction - Defendant served when brought to Victoria by force of law - Whether service good - Defendant a resident interstate but present in Victoria for examination under s367A of the Companies Act - No evidence that defendant brought here by fraud in order to effect service upon him - Whether action should be stayed - Similar action previously commenced in New South Wales - Such action presently stayed pending plaintiff giving discovery and inspection - Whether plaintiff entitled to proceed in Victoria - Case of lis alibi pendens - No case for a stay of the action in all the circumstances - Supreme Court Act 1958 (No. 6387), s61(5).

Administrative law - Small Claims Tribunal - Certiorari - Whether a denial of natural justice - Trader given notice of claim and attending at hearing to answer that claim - Tribunal hearing extending beyond the claim of which trader had notice - Claim amended at hearing without notice to trader - Party not notified of all issues and no opportunity to prepare case - Tribunal's order quashed - Small Claims Tribunals Act 1973 (No. 8486), s2, s9, s17, s22, s23, s28, s30, s31, s34.

Administrative law - Ombudsman - Jurisdiction to conduct investigation - Matter investigated must relate to administrative action not policy - Ombudsman Act 1973 (No.8414), s2, s13(1), s14(1), s14(3), s14(4), s14(5).

Practice and procedure - Unacceptable alteration to special case - Use to be made of such alteration - Rules of the Supreme Court O.78 r5.

Evidence - Admissibility - Opinion evidence - Psychologist's opinion of accused's personality as showing whether accused likely to have given answers allegedly recorded in police interviews - Inadmissible as expert opinion.

Motor traffic and motor vehicle - Driving during period of disqualification - Whether disqualification can affect a person already ineligible to obtain a licence - Motor Car Act 1958 (No. 6325), s26(1)(b), s28(1).

Criminal law - Unlawfully and maliciously inflicting grievous bodily harm - Whether trial judge ought to have directed jury that they could convict of a lesser offence - Alternative verdicts - Whether assault is essential ingredient in inflicting grievous bodily harm - Crimes Act 1958 (No. 6231), s19A, s37.

Contract - Rectification - Mistake - Mutual mistake - Unilateral mistake - Contract for sale of land.

Criminal law - Murder - Insanity - McNaughten Rules - "Knowing" that an act is wrong - Power of Full Court to substitute a verdict of not guilty on the ground of insanity - Crimes Act 1958 (No. 6231), s569(4).

Criminal law - Murder - Acting in concert - Whether sane person can be held guilty of acting in concert with insane person.

Criminal law - Procedure - Cross-examination by Crown as to bad character of accused - Failure to obtain permission from trial judge - Whether occasioning miscarriage of justice - Crimes Act 1958 (No. 6231), s399(e).

Town and country planning - Determination by responsible authority granting permit to erect "community health centre" - Appeal - Determination affirmed by Town Planning Appeals Tribunal subject to different conditions - Appeal against Tribunal's decision - Application not disclosing existing use and applicant's interest in subject land - Effect of failure to follow prescribed form - Whether failure by tribunal to determine identity of applicant - Whether evidence supporting Tribunal's conclusion - Tribunal omitting to deal with arguments as to form and content of application - Whether omission error of law - No duty of Tribunal to state reasons in respect of every argument raised before it - Tribunal empowered to impose conditions on permit different from responsible authority - Failure by Tribunal to prescribe limits as to use of proposed centre -Whether raises questions of law -Town and Country Planning Act 1961 (No. 6849), s18, s21A, s22.

Courts practice and procedure - Supreme Court - No appeal to Full Court from decision of single judge except in "civil or mixed matters" or under Crimes Act - "Criminal" matter - Supreme Court Act 1958 (No. 6387), s42.

Damages - Appeal against assessment of damages - Unemployment benefits to be taken into account in calculating actual loss.

Courts practice and procedure - Appeal - Appeal to Privy Council - Judgment of Full Court dismissing appeal from refusal of single judge to order statement of special case in appeal to County Court in criminal matter - Possible civil liability arising from determination of factual issue in criminal proceedings - Rules relating to appeals to the Privy Council (Order in Council 23 January 1911), r2.

Criminal law - Duress - Whether defence of duress available to man charged with murder as principal in second degree - Not available if accused a participant in the final and fatal assault - Defence of duress available to charge of manslaughter - Defence of duress available where manslaughter must be left to jury as alternative to murder - Acting in concert - Whether facts put forward as constituting duress relevant to formation of agreement that the two accused should act together.

Criminal law - Causation - Whether death flowed from the original stabbing - Subsequent medical treatment of victim - Proper direction considered - Whether stabbing an operative and substantial cause of death or whether by that time the stabbing had merely become part of the deceased's medical history - Departure from proper practice in medical treatment may be considered.

Courts practice and procedure - Precedent - Conflict between decision of House of Lords and of Full Court of Supreme Court.

Criminal law - Manslaughter - Causation of death - Principles to be applied where several factors contribute to death - When an event intervening between the act alleged to have caused death breaks the chain of causation - Appropriate direction to jury considered.

Motor traffic - Driving - Whether steering a vehicle being pushed from behind by another vehicle constitutes driving motor car - Blood alcohol content of person steering the pushed vehicle exceeding .05 per cent - Motor Car Act 1958 (No. 6325), s81A.

Town and country planning - Successive planning schemes - Permit issued under Melbourne and Metropolitan Planning Scheme - Similar permit sought under subsequent interim development order - Whether existence of earlier permit precludes exercise of discretion under subsequent scheme - Town and Country Planning Act 1961 (No. 6849), s35.

Evidence - Privilege - Legal professional privilege - Communication to solicitor privileged only if intended to be a confidential communication.

Ombudsman - Jurisdiction - Investigation of administrative action - No authority to investigate "any administrative action" taken by "a person acting as legal adviser to the Crown or as counsel for the Crown in any proceedings" - Failure of Crown Law Department to bring prisoners to trial within reasonable time - Ombudsman Act 1973 (No.8414), s2, s3.

Injunction - Interlocutory injunction - Considerations affecting exercise of discretion - Mandatory injunction having effect of compelling breach of prior contract.

Courts practice and procedure - Injunction - Interlocutory injunction - Considerations affecting exercise of discretion - Mandatory injunction having effect of compelling breach of prior contract.

Criminal law - Application to segregate jury throughout trial - Application by Crown and opposed by accused - Exercise of discretion - Whether miscarriage of justice.

Criminal law - Evidence against accused comprising admissions in unsigned record of interview, the subsequent financial betterment of the accused and his flight from police on four separate occasions - Defence that no admissions made - Defence that financial dealings and flights had innocent explanations - Directions to be given considered - Whether evidence of financial betterment could be used in deciding if record of interview was true - Whether evidence prejudicial or irrelevant - Conscious decision of counsel not to object admission of evidence at trial.

Evidence - Pages in police officer's notebook admitted into evidence to rebut allegation of recent invention - Conscious decision by defence counsel at trial not to object - Ground or error in admission into evidence not to open on appeal - No direct evidence against accused apart from admissions, subsequent financial betterment and flight from police on four occasions - Relevance.

Town and country planning - Planning scheme - Responsible authority - Grant of permit - Discretion for purpose of controlling height of buildings - Use of discretion to conserve historic building and to regulate planning of area and amenity - Whether proper exercise of discretion - Melbourne Metropolitan Planning Scheme CL24(4).

Town and country planning - Interim Development Order - Responsible authority - Discretion to control commencement of use or development of land - Conservation of building of architectural or historic interest irrelevant to allowing proposed use or development - Town and Country Planning Act 1961 (No. 6849), Third Schedule.

Town and country planning - Town Planning Appeals Tribunal - Appeal - Competency of appellant - National Trust of Australia (Vic.) - Town and Country Planning Act (No. 6849), s19(1)(d).

Criminal law - Presentment on charge of breaking and entering office with intent to commit a felony - Accused convicted of office breaking - Evidence supporting conviction on charge of factory breaking but not office breaking - Conviction for factory breaking not open on indictment - No substantial miscarriage of justice - Whether grounds for allowing appeal against conviction - Crimes Act 1958 (No. 6231), s568(1).

Criminal law - Theft - Appropriation - Assumption by a person of the rights of an owner - Crimes Act 1958 (No. 6231), s72(4).

Insurance - Motor vehicle insurance - Proposal - Proposal basis of contract - Declaration and warranty in proposal that vehicle "has not been and will not be specially modified from maker's original specification" - Whether vehicle "specially modified" - Whether material alteration of risk.

Limitation of actions - Application for extension of time within which to bring action - Differing medical opinions as to the plaintiff's fitness to continue with his present type of employment - Meaning of "the nature" and "the extent" of the "personal injury" considered - Limitation of Actions Act 1958 (No. 6295), s23A(2), s23A(3)(f) and s23A(g).

Courts practice and procedure - Discovery - Originating summons to determine validity of issue of debenture stock - Application by debenture holder for discovery of documents - Whether special case - Rules of Supreme Court O.31, r12.

Criminal law - Sentencing - No obligation on judge to consider course not reasonably open as practical way of sentencing accused - Alcoholics and Drug-dependent Persons Act 1968 (No. 7772), s13(1).

Workers compensation - Injury to worker while temporarily inside boundary of place of residence after commencement of journey to place of employment - Whether injury occurred "while ... travelling between place of residence and place of employment" - Workers Compensation Act 1958 (No. 6419), s8(2)(b)(i).

Nuisance - Nuisance by noise - Whether substantial degree of interference with enjoyment of premises - No actual damage to premises - Damages - Principles upon which assessed.

Nuisance - Competence of plaintiff - Husband and wife occupying premises - Wife owner of premises, husband mere licensee - Husband not competent to sue.

Courts practice and procedure - Continuing cause of action - Nuisance - Nuisance by noise - RSC O.36, r49.

Courts practice and procedure - Costs - Judgment for damages not exceeding one half of limit of County Court jurisdiction - Claim for injunction in a substantial matter upon substantial grounds - Application of O.65, r12 of Rules of Supreme Court.

Motor vehicles - Insurance - Action commenced against Incorporated Nominal Defendant - Cause of action against "a nominal defendant to be named by the Minister" - Incorporated Nominal Defendant not named by Minister before commencement of action - Motor Car Act 1958 (No. 6325), s49.

Limitation of actions - Application for extension of time in respect of action already commenced - Whether order can be made nunc pro tunc - Limitation of Actions Act 1958 (No. 6295), s23A.

Criminal law - Evidence - Fingerprints - Evidence by expert - Consideration by jury of fingerprints - Sufficiency of charge. Evidence - Fingerprints - Evidence by expert.

Justices - Information - Request by defendant for particulars of charges - Refusal by informant to supply and by court to order supply of particulars - Whether prohibition lies to prohibit court from hearing information unless particulars supplied.

Courts practice and procedure - Prohibition - Refusal by Magistrates' Court to order supply of particulars of information - Whether prohibition lies to prohibit court from hearing information unless particulars supplied.

Injunction - Interlocutory injunction - Plaintiff to establish prima facie case - Meaning of "prima facie" case - Injunction refused upon defendant establishing prima facie defence.

Defamation - Injunction - Interlocutory injunction - Bona fide defence of justification - Defendant filing affidavit stating that he proposed to give evidence of the truth of the words complained of - Prima facie defence established.

Matrimonial causes - Petition for dissolution of marriage - Whether parties had "lived separately and apart" - Social association and acts of sexual intercourse on isolated or casual basis not inconsistent with living separately and apart - No resumption of cohabitation - Family Law Act 1975 (Com.), s9(2), s48, s49 and s50.

Courts practice and procedure - Limitation of actions - Amendment of a statement of claim after expiry of limitation period - Proposed amendment significantly altering particulars of alleged facts by which cause of action to be sustained - Proposed amendment alleging new cause of action - Limitation of Actions Act 1958 (No. 6295), s5(6).

Limitation of actions - Amendment of pleading after expiry of limitation period - Proposed amendment significantly altering particulars of alleged facts by which cause of action to be sustained - Proposed amendment alleging new cause of action - Limitation of Actions Act 1958 (No. 6295), s5(6).

Contempt of court - Domestic disciplinary tribunal investigating same questions of fact as are basic to issues in pending libel action - Real and definite tendency to prejudice or to embarrass fair trial of action - Injunction restraining tribunal from continuing investigation.

Injunction - Non-curial tribunal investigating matters basic to issues in a pending libel action - Real and definite tendency to prejudice fair trial of action - Likely interference with administration of justice - Injunction restraining tribunal from continuing investigation.

Contract - Rectification - Common intention of parties as to particular provision - Whether common intention continued to time of execution of written contract - Principles concerning grant of rectification considered.

Infants and children - Legitimation - Legitimation by marriage - Recognition of legitimation by law of father's domicile - Amendment to law of father's domicile conferring effect of legitimation by marriage - Amendment after date of marriage - Marriage Act 1961-1973 (Com.), s89, s90.

Private international law - Legitimation - Legitimation by marriage - Recognition of legitimation by law of father's domicile - Amendment to law of father's domicile conferring effect of legitimation by marriage - Amendment after date of marriage - Incidents of status of legitimated person - Rights of succession determined by law of testator's domicile.

Courts practice and procedure - County Court - Appeal from visiting justice - Request for stated case - Discretion of court to which request made - Application to Supreme Court for order that case be stated - Formal proof of technical matters - Requirement to prove all elements of offence - Informant applying to re-open case - Undue delay in applying for stated case - Discretion to refuse order nisi - "Prisoner", "Prison", "Escaping from custody" - Social Welfare Act 1970, s113, s132, s138 - Justices Act 1958, s152.

Sale of land - Competing equitable interests - Agreement by vendor to create easement - Special condition in contract of sale reserving vendor's right to create easement - Easement created after sale - Grantee's interest under easement having priority over purchaser's interest - "Subject to the interest of a tenant in possession of the land" - Easement not restricted by purchasers' rights as tenants in possession - Infringement of equitable right - Damages - Transfer of Land Act 1958 (No. 6399), s42(2)(e).

Contract - Form of contract envisaging payment of a stated consideration on signing of agreement - Receipt clause - Failure to pay consideration on signing of agreement - Agreement binding.

Land - Easement - Option to create easement - Whether interest in land created - Whether easement in gross - Admissibility of evidence to identify dominant tenement.

Matrimonial causes - Ancillary relief - Property application - Evidence of conduct admissible and relevant to whether an order should be made by the Court - Family Law Act 1975-1976 (Com.) s75, s76, s79.

Sale of land - Rescission - Payment by instalments - Time of the essence - Repudiation by purchaser - Return of deposit - Property Law Act 1958 (No. 6344), s49(2).

Money lent - Payment to stranger - Whether by way of loan or gift - Burden on plaintiff to prove that money lent - No presumption of obligation to repay.

Companies - Winding up - Information for alleged offences by a company under Companies Act 1961 and Securities Industry Act 1970 - Whether "proceeding" - Whether leave necessary to commence prosecutions - Companies Act 1961 (No. 6839), s230(3).

Broadcasting and television - Advertising - Power to determine conditions subject to which advertisements may be broadcast or telecast - Regulation - Partial prohibition as to time and frequency - Standards determined in relation to televising advertisements - Whether valid - Broadcasting and Television Act 1942-1974 (Com.), s16, s17, s100.