Income tax - Assessable income - Solicitor - Sole practitioner - Determination of "taxable income derived" from profession - Method of computation of income - Previous returns of income on cash basis - Whether accruals basis more appropriate - Income Tax Assessment Act 1936-1970 (Com.) s17, s25(1), s161(1).

Courts practice and procedure - Order to review - Separate informations heard together in Magistrates' Court - Separate order to review required in respect of each information.

Justices - Order to review - Separate informations heard together in Magistrates' Court - Separate order to review required in respect of each information.

Criminal law - Presentment - Validity of presentment - Signature of presentment by prosecutor for the Queen - Filing of presentment at Court - Prosecutor disqualified from acting when presentment filed at Court - "Make presentment" - Crimes Act 1958 (No. 6231), s353.

Infants and children - Illegitimate child - Birth registered under surname of natural father - Mother changing infant's surname upon her marriage - Jurisdiction of Court to direct surname by which child should be known - Marriage Act 1958 (No. 6306), s147, s150 - Registration of Births Deaths and Marriages Act 1959 (No. 6564), s16A(1) - Status of Children Act 1974 (No. 8602), s3, s8.

Environment protection - Authority empowered to grant licence "subject to such conditions limitations and restrictions as it thinks fit" - Licence to discharge waste from two chimney stacks granted subject to condition - Condition relating to whole of premises - Whether condition valid - Condition that "no obnoxious or offensive odour shall emanate from the ... premises" - Condition must be in relation to regulating or controlling the intended permitted activity - Purposes and object of legislation - Environment Protection Act 1970 (No. 8056), s4, s13(1)(b) and s13(1)(d), s20, s30, s35.

Environment protection - Grant of licence subject to condition - Appeal against imposition of condition - Appeals by residents against grant of licence - Board not finally disposing of appeals but giving ruling - Case stated - Whether Board at that stage able to refer questions of law to Supreme Court for opinion - Questions of law based on actual facts and not mere hypotheses answered - Environment Protection Act 1970 (No. 8056), s32, s36.

Copyright - Literary work - Infringement - Action by co-producer of work - Tenant in common of copyright - Whether case for award of additional damages - Measure of damages - Copyright Act 1968-1973 (Com.), s36, s115.

Costs - Notice of payment into court - Whether notice invalid for failure to specify cause or causes of action in respect of which the payment was made - Discretion of Court notwithstanding invalid notice - Appropriate scale for taxation of plaintiff's costs - Rules of the Supreme Court, O.22, r1, r6; O.65, r12.

Motor traffic - Blood alcohol content of driver involved in an accident exceeding .05 per cent - Whether driver brought into or entered hospital for examination or treatment in consequence of an accident - Statutory duty of medical practitioner to take sample of blood whether or not driver consents - No evidence that driver injured - Evidence derived mainly from statutory certificates - Certificate of medical practitioner of collection of sample of blood from driver - Certificate not stating that sample was taken with "express consent" - Rebuttable presumption arising from production of certificate that sample was regularly obtained - Motor Car Act 1958 (No. 6325), s80D, s80DA, s81A.

Evidence - Presumption of regularity - Blood alcohol content exceeding .05 per cent - Evidence derived from statutory certificates - Medical practitioner immediately responsible for treatment required to collect sample of blood for analysis if person "brought into a hospital for examination or treatment in consequence of an accident involving a motor car ... whether or not person consents" - No evidence that person injured - Certificate of medical practitioner collecting sample not stating that sample was taken with "express consent" - presumption that sample regularly obtained - Presumption that statutory provisions observed - Presumption rebuttable - Presumption applying to matters of substance as well as matters of detail.

Employer and employee - Contract of service - Employee a member of trade union - Resolution by union to take selective industrial action - Refusal by employer to provide work unless union undertook to withdraw instructions for future industrial action - Action by employee against employer claiming damages for refusal to provide work - Whether employee ready and willing to perform contract of service - Burden of proof - Measure of damages - RSC, O.19, r14.

Criminal law - Adverse witness - Previous inconsistent statement admitted by witness to be the truth - Admission of such statement into evidence by trial Judge - Discretion of trial Judge - Leave may be granted to cross-examine adverse witness generally - Alternatively witness may be cross-examined in limited manner without being declared hostile.

Evidence - Criminal trial - Cross-examination of adverse witness - Evidentiary value of previous inconsistent statements - Prior inconsistent statement in writing admitted into evidence after admission by witness that it was true - Discretion of trial Judge - Cross-examination of adverse witness generally - Leave to cross-examine witness in limited manner without declaring witness hostile.

Criminal law - Compensation - Sentence - Relationship between compensation order and punishment of offender - Principles to be applied when making compensation order - Factors to be taken into consideration in exercising discretion - Crimes Act 1958 (No. 6231), s546, s566, s567, s568, s570 - Wrongs Act 1958 (No. 6420) s24.

Injunction - Interlocutory injunction - Claim for damages in tort - Whether "just or convenient" to restrain defendant from disposing of property before trial - Supreme Court Act 1958 (No. 6387), s62(2).

Constitutional law - Application to Victoria of United Kingdom statute amending earlier United Kingdom statute - Foreign Tribunals Evidence Act 1856 (UK) (19 and 20 Vict., c.113) - Whether repealed in so far as it applies in Victoria by Evidence (Proceedings in Other Jurisdictions) Act 1975 (UK) (1975 c.34) - Constitutional custom precluding Parliament of United Kingdom legislating for State except at request or with consent of State.

Statutes interpretation - Application to Victoria of United Kingdom statute - Title of statute.

Courts practice and procedure - Letter of Request - Testimony from witness within jurisdiction relating to action pending before foreign court - Appeal requiring leave or fresh application to Full Court from judge's decision on ex parte application - Supreme Court Act 1958 (No. 6387) s25(h), s40(1)(b) - Rules of Supreme Court O.37, r54, r60; O.58, r1B.

Resumption and acquisition of land - Claim for compensation - Acceptance by claimant of offer made in notice of offer - Claimant thereupon entitled to an award of compensation in the amount offered - Upon award interest automatically obtained by statute - No power in court to permit acquiring authority to amend notice of offer - Valuation of Land Act 1960 (No. 6653), s29, s32(3) - Rules of the Supreme Court Ch. II, O 1.

Criminal law - Murder - Death caused by wilful act or omission in pursuance of suicide pact - Onus of proving act or omission pursuant to suicide pact - Onus lies with accused - Crimes Act 1958 (No. 6231), s6B.

Administrative law - Ombudsman - Jurisdiction - Investigation of administrative action - Hearing and determination by governor of prison of charges against prisoner - Whether administrative action - Whether action by a court of law - Social Welfare Act 1970 (No. 8089), s131 - Ombudsman Act 1973 (No. 8414), s2, s13, s27.

Administrative law - Ombudsman - Jurisdiction - Investigation of administrative action - Public Solicitor - Representation of persons accused of crimes - Whether actions incidental to such representation are administrative actions - Such actions related to discharge of judicial function of government - Ombudsman Act 1973 (No. 8414), s2, s13, s27.

Trust - Joint savings bank account - Money paid into account - Gift complete upon payment - Presumption of resulting trust - Rebuttal of presumption - Survivor entitled to balance of account.

Courts practice and procedure - Order for preservation of property - RSC O.50, r3.

Lease - Illegality - Agreement for lease - Premises to be used by lessee for purposes of a motel - Planning permission not obtained to use premises for purpose leased - Whether agreement void for illegality.

Bill of exchange - Cheque - Payment stopped - Action by payee against drawer - Defence of want of consideration - Payment by agent of third party in respect of past debt of third party to payee - Whether capable of amounting to consideration for cheque - Whether consideration sufficient to support a simple contract between drawer and payee - Bills of Exchange Act 1909 (Com.), s32(1).

Police offences - Offence of knowingly keeping obscene articles for gain - "Articles" - Whether includes movie films - Authority to prosecute required for offence in respect of a "publication" - Meaning of "publication" - Whether includes movie films - Repetition of words in definitions of "articles" and "publication" - Whether words repeated in each definition have same sense - Police Offences Act 1958 (No. 6337), s164(1), s166(1)(b), s166A, s180B.

Companies - Liquidator disqualified from acting as or consenting to act as liquidator of company in which he is an officer - Companies Act 1961 (No. 6839), s277A(1A).

Companies - Power to declare valid a "proceeding" - Whether actions in contravention of s277A(1A) are a "proceeding" - Companies Act 1961 (No. 6839), s366.

Banks and banking - Banker and customer - Cheque forged by employee of customer - Estoppel by representation - Mutual duties of care owed by banker and customer - Duty of customer to investigate after enquiry by bank.

Estoppel - Estoppel by representation - Banker and customer - Enquiry by bank as to signature on cheque - Statement by customer that signature in order.

Vehicles and traffic - Load to be secured "in such a manner as to prevent" the load falling, etc. - No offence unless load falls, etc. - Motor Car Regulations 1966, reg149.

Motor traffic - Refusal to undergo preliminary breath test - Proof of belief on reasonable grounds that motor car driver in accident within last two preceding hours - No direct evidence that informant entertained belief required by statute - Whether informant must swear to his belief and grounds upon which based - Such formal evidence not required - Inference from evidence as to reasonableness of informant's belief - Motor Car Act 1958 (No.6325), s80E(1).

Evidence - Police officer required to believe certain matters on reasonable grounds - Failure to depose to belief and the grounds therefor - Formal evidence not necessary - Evidence of belief may be inferred from other than direct evidence - Proof of belief by inference.

Criminal law - Sentencing - Counts of armed robbery, robbery, larceny of motor vehicle and theft of motor vehicle in connexion with commission of felony - Pleas of guilty - Offences committed whilst accused on bail and probation - Relevance to exercise of discretion - Judge entitled to take into account pleas of guilty in mitigation of sentence - Weight to be given to pleas of guilty - Whether sentences imposed too severe.

Companies - Securities - Financier accepting money from the public for deposit at interest - Such money invested in various securities - Whether "dealing in securities" - "Securities" including "any interest as defined in s76 of the Companies Act 1961" - Meaning of "interest" - Companies Act 1961 (No. 6839), s76, s81, s83 - Securities Industry Act 1975 (No. 8788), s12, s32.

Husband and wife - "Matrimonial cause" - Summons under s161 of the Marriage Act 1958 (No. 6306) not a matrimonial cause for purposes of Family Law Act - Interlocutory injunction under s161 unenforceable by application pursuant to Family Law Act - Family Law Act 1975 (Com.), s4.

Courts practice and procedure - Writ of summons - Failure to serve within 12 months of issue - Application to renew after expiration of statutory period of limitation - Principles applicable to exercise of power to renew writ - RSC, O.8, r1.

Motor vehicles - Damages for personal injuries - Accident in Victoria - Insured personal deceased - Action in Victoria against insurer under provisions of South Australian Act - Whether action justiciable in a Victorian court - Whether action tortious or contractual or quasi-contractual - South Australian statute not enforceable in Victoria - No cause of action disclosed - Motor Vehicles Act 1959-1970 (SA), s113(1).

Private international law - Action in Victoria for damages for personal injuries against insurer liable under South Australian Act - Accident in Victoria - Whether action justiciable in a Victorian court - Whether action tortious or contractual or quasi-contractual - Whether laws of South Australia to be applied in Victoria - Foreign statute not enforceable in Victoria - Motor Vehicles act 1959-1970(SA), s113(1) - Commonwealth Constitution, s118 - State and Territorial Laws and Records Recognition Act 1901-1973 (Com.), s18.

Intoxicating liquor and licensed premises - Use of unlicensed premises for provision of liquor - Statutory offence - Whether mere storage contravenes statute - Whether storage for purposes of self-service sales contravenes statute - Liquor Control Act 1968 (No. 7695), s110(1)(b), as amended by Act No. 8732.

Easement - Servient tenement owned by tenants in common - Easement to use water closet granted by one tenant in common - Capacity of one tenant in common to grant - Whether grant binding on successor in title.

Injunctions - Interlocutory injunction - Balance of convenience - Interference with use of water closet.

Evidence - Secondary evidence - Note or memorandum of agreement for sale of land - Document destroyed before commencement of action - Admissibility of secondary evidence to show compliance with requirements of Statute of Frauds - Instruments Act 1958 (No. 6279), s126.

Courts practice and procedure - Interrogatories - Interrogatory as to execution of document destroyed before commencement of action - Answer to interrogatory required.

Land tax - Partial exemption for land owned by a "club" - Land Tax Act 1958 (No. 6289), s13(2).

Courts practice and procedure - Limitation of actions - Amendment of statement of claim after expiry of limitation period - Proposed amendment alleging new cause of action - Statement of claim alleging cause of action in negligence and for breach of a specified statutory duty - Application for leave to amend to allege breach of another statutory duty - Application refused - Limitation of Actions Act 1958 (No. 6295), s5(6).

Limitation of actions - Amendment of pleading after expiry of limitation period - Proposed amendment alleging new cause of action - Existing statement of claim alleging a cause of action in negligence and a cause of action for breach of a specified statutory duty - Application for leave to amend to allege breach of another statutory duty - Application refused - Limitation of Actions Act 1958 (No. 6295), s5(6).

Matrimonial Causes - Petition under Matrimonial Causes Act issued in 1975 but not served - Application for substituted service to Supreme Court in 1977 - Jurisdiction in Supreme Court to entertain the application - Law to be applied - Family Law Act 1975 (Com.), s4(1), s9(1) and s9(9), Matrimonial Causes Act 1959 (Com.) and Matrimonial Causes Rules, r57 and r65.

Damages - Negligence - Personal injuries - Appeal against jury's verdict on damages and apportionment of responsibility - Damages awarded manifestly excessive - Whether new trial on all issues - Assessment of damages by Full Court - Relevant considerations - Supreme Court Act 1958 (No. 6387), s19A.

Probate duty - Notional estate - Gift inter vivos where donee has not assumed bona fide possession and enjoyment - Gift to trust - Provision for a contingent residual interest to donor - Valuation of gift - Probate Duty Act 1962 (No. 6890), s7(1)(d)(ii), s7(2)(a).

Building contract - Contract for construction, alteration or addition to a dwelling-house - Builder required to pay any sum of money paid before work commenced into special purpose bank account in joint names of builder and owner - Building Contracts (Deposits) Act 1962 (No. 6973), s3.

Motor traffic and motor vehicles - Conviction for offence referred to in Fourth Schedule of Motor Car Act - Defendant a holder of probationary licence at date of conviction but not at date of offence - Whether cancellation of licence mandatory - Motor Car Act 1958 (No. 6325), s22B(3).

Income tax - Assessable income - Royalties - Canadian resident - Whether receipts from Australian company were "royalties" - Income Tax Assessment Act 1936-1971 (Com.) s6(1), s6C, s25(1)(b).

Constitutional law - Interstate trade - Carriage of goods from Melbourne to Casterton - Goods first driven from Melbourne to a storage shed in Mount Gambier in South Australia - Goods then delivered in Victoria - Whether journey made bona fide as part of interstate journey - Commercial reality of situation - "Border-hopping" - Onus of proof that conduct protected by s92 on defendant - Commercial Goods Vehicles Act 1958 (No. 6222), s22(1) - Motor Car Act 1958 (No. 6325), s20 - Constitution of Commonwealth of Australia, s92.

Motor traffic and motor vehicles - Interstate trade - Carriage of goods from Melbourne to Casterton via Mount Gambier - No licence or permit to operate on public highway - Whether vehicle being used solely for interstate trade, commerce or intercourse - Whether journey made bona fide as part of interstate journey - Onus of proof that conduct protected by s92 on defendant - Commercial Goods Vehicles Act 1958 (No. 6222), s22(1) - Motor Car Act 1958 (No. 6325, s20 - Constitution of Commonwealth of Australia, s92.

Criminal law - Sentence - Application for leave to appeal against - Pre-sentence psychiatric report - Report not shown to accused's advisers - Admission to institution in lieu of sentence - Mental Health Act 1959 (No. 6605), s51(1).

Income tax - Allowable deduction - Donations to "a public fund established and maintained...exclusively" for specified purposes - Income Tax Assessment Act (Com.), s78(1)(a).

Health - Special accommodation house - "Condition such as would require" lodgment in hospital or nursing home - Health Act 1958 (No. 6270), s220A. Evidence - Evidence of age - Proof by admission.

Courts practice and procedure - Security for costs - Plaintiff society registered under Co-operation Act - Receivers and managers appointed by Court - Application for security on ground of plaintiff's impecuniosity and conduct of action for benefit of secured creditors - Poverty not a ground for requiring that security be given - Whether action by society as a nominal party for the benefit of others - Companies Act 1961 (No. 6839), s5, s363(1) - Co-operation Act (No. 6225), s4(4).

Income tax - Deduction - Lease - Whether rights to land constituted leases - Lease assigned by taxpayer - Expenditure upon improvements - Expenditure incurred prior to commencement of lease assigned - Whether deductible under s85(1)(b) - Whether s88B(5) election to be made by parties to both previous and current assignments - Income Tax Assessment Act 1936-1967 (Com.), s80, s83AA, s85 and s88B.

Town and country planning - Application for permit - Investigation of road proposals by Country Roads Board - Advice from Board to responsible authority that it should not issue permit - Responsible authority not bound to act upon such advice - Town and Country Planning Act 1961 (No. 6849), s18(1), s(1A), s22(4), s35 and s36 - Country Roads Act (No. 6229), s17, s19, s20 and s115. Sale of land - Contract - Construction - Condition subsequent - Nonfulfilment of condition - Nonfulfilment arising from default of party.

Criminal law - Murder - Murder by recklessness - Sufficiency of charge to jury - Failure adequately to instruct jury as to evidence bearing on the accused's state of mind.

Criminal law - Manslaughter by negligence - Requisite intention - Objective test.

Contract - Damages for breach - Whether limited to pecuniary loss - Inconvenience and mental distress - Breach remedied after issue of proceedings and before hearing of action.

Damages - Breach of contract - Whether limited to pecuniary loss - Inconvenience and mental distress.

Sale of land - Instalment contract - Time of essence of contract - Waiver of essentiality of time - Notice purporting to be given under Table A, condition 6 - Notice operating to restore essentiality of time and to rescind - Notice operating at common law to fix time.

Courts practice and procedure - Judgment in default of appearance - Claim for interest payable under agreement - Judgment for amount claimed and interest pursuant to Supreme Court Act - Whether plaintiff entitled to interest on interest - Whether judgment in action for "debts or sums certain" - Powers and function of Prothonotary - Entry of judgment in default of appearance a ministerial act - Prothonotary not authorized to exercise powers conferred on "the Judge at the hearing" - Application to amend judgment - Supreme Court Act 1958 (No. 6387), s78, s79, s79A.

Courts practice and procedure - Summary judgment - Money paid after issue of a writ without judgment being entered - Whether interest on such sum may be awarded on hearing of application for summary judgment - Supreme Court Act 1958(No.6387), s78 - Rules of Supreme Court, O.14.

Criminal law - Drug of addiction - "Cannabis (Indian Hemp)" and "Cannabis" sativa L." comprehending all forms of cannabis - Poisons Act 1962 (No. 6889), s3(1), s26(1).

Companies - Annual return - Failure to lodge - Requirement to lodge annual return despite failure to hold annual general meeting - Companies Act 1961 (No. 6839), s158.

Companies - Scheme of arrangement - Meetings of creditors - Whether power to order more than one meeting of same class of creditors - Companies Act 1961 (No. 6839), s181(1), s314, s315.

Defamation - Libel in newspaper - Person mistakenly named as having been committed to stand trial for robbery - Unintentional negligence in publication - Apology published - Form of apology approved by plaintiff's solicitor - Plaintiff incensed by apology - Pleadings - Not admitted that words published referred to and were defamatory of plaintiff - Conduct of defendant's case at trial - Plaintiff's credit attacked - Damages - Whether award excessive - Whether aggravated compensatory damages may be awarded - Proper directions to be given considered - Whether defendant's conduct aggravated the plaintiff's subjective hurt.

Courts practice and procedure - Appeal to Full Court from verdict of jury in libel action - Misdirection by trial judge as to aggravated damages - "Substantial wrong or miscarriage" - Whether Full Court should substitute its own judgment for original verdict - Rules of the Supreme Court 0.58, r6 - Supreme Court Act 1958 (No. 6387), s19A.

Limitation of actions - Application by infant for extension of period within which action may be brought - Absence of next friend - Infant in custody of parent - Whether material facts "known to the claimant" - Knowledge of parent and others not to be attributed to claimant - Infant unaware of material facts when application made - Not essential that claimant should establish a date of knowledge to obtain an order - Proof that material fact not known until a date later than two years after cause of action accrued - Requirement satisfied by proof that material fact not known at any time within two years after cause of action accrued - Time for extending period within which action may be brought considered - Limitation of Actions Act 1958 (No. 6295), s5(6), s23, s23A - Limitation of Actions (Personal Injuries) Act 1972 (No. 8300).

Landlord and tenant - Overholding after lease for fixed term - Terms upon which tenant continues in possession.

Landlord and tenant - Possession - Recovery of - Notice to quit where tenant overholding after expiration of fixed term.

Statutes interpretation - Offence of delivering bread beyond prescribed distance from place of being made or baked - Provision that onus of proof upon defendant - Whether ultimate or evidentiary onus - Onus operating only after allegations by prosecution in course of evidence - Labour and Industry Act 1958 (No. 6283) s104, s104B.

Real property - Equitable charge - Caveat - Unregistered mortgage - Competing equitable interests - Priority.

Costs - Committal proceedings - Magistrates' Courts - No power to award costs to a defendant upon directing discharge - Magistrates (Summary Proceedings) Act 1975 (No. 8731), s97(b).

Courts practice and procedure - Certiorari - Magistrates' Court making order without jurisdiction - Power of Supreme Court to grant certiorari - Magistrates' Courts Act 1971 (No. 8184).

Criminal Law - Consorting - Defendant convicted of habitually consorting with reputed thieves - Giving of a "good account" sufficient to prove consorting innocent - Vagrancy Act 1966 (No. 7393), s6(1)(c).

Courts practice and procedure - Case stated - Facts to be specially stated by County Court after hearing and determination of appeal - Effect of passage of time and absence of County Court Judge on leave - Justices Act 1958 (No. 6282), s152, Magistrates' Courts Act 1971 (No. 8184), s85.