Criminal law - Appeal - Offence against Commonwealth law - Right of Commonwealth Attorney-General to appeal against sentence imposed by Victorian court - Crimes Act 1958 (No.6231), s567A - Judiciary Act 1901 (Com.) s68(2).

Criminal law - Practice and procedure - Appeal - Notice of appeal not served within one month - Leave of court required before notice of appeal may validly be given - Considerations relevant to the exercise of discretion to extend time - Crimes Act 1958 (No.6231), s567A(3).

Criminal law - Sentencing - Disparity between co-offenders sentenced before same judge - Application for leave to appeal - Leave to amend grounds of appeal sought - Applicant not permitted to pursue a line inconsistent with that taken before sentencing judge - Applicant rarely allowed to pursue a course that differs from that pursued below - Disparity relied upon as a ground of appeal - Applicant must show that disparity manifestly not merely arguably excessive - Miscarriage of sentencing judge's discretion must be made out.

Contract - Restraint of trade - Void as against public policy - Freedom to compete - "Trade secrets" - Covenant against competition with former employer - Reasonableness - Protection of business connections and goodwill - Confidentiality between former employer and clients.

Motor Traffic and Motor Vehicles - Motor Accidents Board - Claim for damages - Person entitled to make a claim under Motor Accidents Act for loss of income required to do so before seeking to recover damages for loss of income - Motor Accidents Act 1973 (No. 8429), s79(1).

Motor Traffic and Motor Vehicles - Motor Accidents Board - Liability of Motor Accidents Board to make payments ceasing after any claim for damages settled or compromised - Motor Accidents Act 1973 (No. 8429), s79(4).

Contract - Option for the sale of land - Whether conditional contract or irrevocable offer - Option to grantee "or its nominee (hereinafter each called O'Halloran')" - Whether uncertainty as to person to whom option given - Agreement to nominate a purchaser - Incomplete nomination of purchaser before exercise of option - Validity of grantee's notice exercising option and communicating nomination of purchaser.

Contract - Term imposing duty to exercise skill or care - Nature of claim for "negligent breach" of such term - Causation and remoteness of damage - Effect of claimant's own negligence - Relevance of claimant's knowledge in determination of causation - Waiver of rights flowing from breach of contract - What constitutes waiver.

Evidence - Duty to accept uncontradicted evidence which is reasonable and inherently probable - Duty to state reasons where such evidence is rejected for any relevant reason.

Evidence - Criminal law - Admissibility of transcript of tape recording - Discretion of trial judge to reject transcript as unfair to accused

University of Melbourne - Power of University Council to make regulations requiring students to pay annual general service fee - Melbourne University Act 1958 (No. 6405) (as amended by Act No. 8638), s17.

Public authority - Power to levy charges - Public authority exercising governmental function can impose a charge only if expressly empowered by Parliament - University not such a public authority - Express power not necessary for university to levy a service fee on students.

Insurance - Accident policy - Bodily injury caused by accidental means - "Accident" - Meaning of - Assured suffering fatal heart attack after physical exertion in fire fighting - Whether death caused directly and solely by accident.

Landlord and tenant - Forfeiture - Breach of covenant - Waiver of breach - Tender of payment of rent - Acceptance by lessor of payment as "mesne profits" - Affirmation of lease - Waiver before action effectively brought - Service of writ required before action effectively brought - Alteration to document - Covenant in lease - Construction.

Landlord and tenant - Lease - Rules of construction relating to expression in written instrument inconsistent with intention of parties - Breach of covenant - Right of re-entry - Determination of lease - Jurisdiction on summons for order for possession - Property Law Act 1958 (No.6344), s49(1), s137.

Courts practice and procedure - Appeals - Time limit for delivering copy notice of appeal to Prothonotary and Judge - Time limit for submitting note of proposed contents of appeal book to judge and delivering appeal books to Prothonotary - Failure to comply with time limit - Application for relief against consequences of non-compliance must be made to Full Court - Rules of Supreme Court, O.58 r11A.

Injunction - Interlocutory injunction - Considerations upon which granted - Facts known only to defendants - No evidence called by defendants - Whether plaintiff had established a prima facie case - Substantial question to be determined at hearing - Injunction granted.

Damages - Action for personal property loss in bushfire caused by negligence - Assessment of damages - Matters to be considered in reduction of damages - Ex gratia payments by State Government to bushfire victims not to be taken into account in assessing damages.

Companies - Take-over schemes - Take-over offers constituting a take-over scheme - Offer to acquire all issued shares of target company other than shares to which offeror had present entitlement - Exemption from statutory procedures and requirements of offers to acquire shares and invitations to offer shares for purchase - The "three day rule" - Bid for an unusually large but marketable parcel of shares by stockbroker at official meeting of Stock Exchange made in "ordinary course of trading" and not an offer to acquire shares within the code - Newspaper report of confirmation of stockbroker's bid - Not an invitation soliciting shares for purchase - Acquisition of shares from institutional investors not in form and manner prescribed by code Companies Act 1961 (No. 6839) s99(3), s180A, s180C, s180E, s180F, s180M, s180R and s180W.

Practice and procedure - Appeal against assessment of damages - Appeal Court substituting its own assessment of damages - Amount of payment into court not to be disclosed to appeal court - Supreme Court Act 1958 (No.6387), s19A.

Confidential information - Abuse by professional tool designer of information given by client to describe desired characteristics of intended product of tool to be designed and manufactured for client, and given in order to assist in design and manufacture of tool - Principles upon which courts will intervene to prevent the use or disclosure of information.

Contract - Sale of goods - No memorandum in writing - Agreement to build and sell tool and plastic furniture drawers to be manufactured by tool - Whether contract for sale of goods or for work and labour - Whether buyer "accepted part of the goods so sold and actually received the same" - Goods Act 1958 (No. 6265) s9.

Motor vehicles - Licence obtained by "false statement or...misrepresentation" - Form signed that applicant had no convictions - Question about convictions misunderstood - Interpreter assisting applicant - Whether applicant must accept responsibility for answer - "False" meaning simply "inaccurate" in context - No requirement that statement must be intentionally directed to the obtaining of a licence - Motor Car Act 1958 (No. 6325), s84, s85 - Motor Car Regulations 1966, reg206(d).

Statute - Interpretation - Licence obtained by "false statement or... misrepresentation" - Whether statement charged must be false to knowledge of maker - Meaning of "false" - Motor Car Act 1958 (No. 6325), s85. Evidence - Applicant for driver's licence unable to understand English - Document signed by applicant at licence-testing station - Interpreter assisting - Whether statements adopted by applicant.

Constitutional Law - Boundary between the States of Victoria and New South Wales - Southern bank of Murray River - Effect of fluctuating water level - Ambulatory boundary - 13 and 14 Vict. c.59, s1 - 18 and 19 Vict. c.54, s5.

Criminal Law - Offence committed on southern bank of Murray River above actual water level - Whether offence committed in State of Victoria.

Practice and procedure - Appeal to the Supreme Court against determination of Town Planning Appeals Tribunal - Master's refusal to grant order nisi on certain grounds - Appeal from master's decision to judge in chambers - Preliminary objection to competency of appeal - Whether appeal lies to Full Court rather than a single judge - Meaning of expression "Judge" in PtXI of the Magistrates' Courts Act 1971 - Magistrates' Courts Act 1971 (No 8184), s88(1), s89 - Rules of the Supreme Court, O.54, r14(d), r16(1).

Companies - Articles of association - Articles restricting maximum number of shares which might be held by or on behalf of any one member - Member purchasing shares in excess of maximum permitted number - Effect of such transaction - Transfers of those shares not registered in company books - Vendors of those shares granting proxies to nominee of purchaser - Power of appointing proxies not validly exercised in the context of the scheme - Companies Act 1961 (No 6849) s140, s141(1).

Motor vehicles - Agreement for sale of a motor car to or by a motor car trader to be in writing and contain specified matters - Full terms of such agreement required to be in writing - Application to a Magistrates' Court for rescission of sale agreement - Discretionary nature of jurisdiction to order rescission - Applicant not required to demonstrate prejudice or disadvantage - Matters to be considered before ordering rescission - Motor Car Traders Act 1973 (No. 8408), s30(1), s30(4), s30(6), s30(8).

Land - Caveat - Caveat claiming equitable estate pursuant to trust - Application for removal of caveat - Onus of proof on caveator - Transfer of Land Act 1958 (No. 6399), s90(3).

Trust and Trustees - Husband and wife - Real Property - Husband sole owner at law - Both parties contributing to purchase and upkeep of property - Claim by wife to beneficial interest - Constructive trust - Imputation of trust - Wife lodging caveat to protect her interest - Application for removal of caveat - Transfer of Land Act 1958 (No. 6399), s90(3).

Criminal law - Sentencing - Probation order proposed - Admission as voluntary patient to mental hospital - Need to ensure hospital authorities prepared to accept accused as patient - Limits of discretion of court to vary sentence appealed from - Forms of sentence and treatment in Victoria in psychiatric and psychological cases.

Town and Country Planning - Appeal - Application for permit refused and appeal lodged - Planning scheme amended before appeal heard - No right to have application determined in accordance with planning scheme before its amendment - Appeals Tribunal to give effect to planning schemes as amended - Town and Country Planning Act (No. 6849) s9(1), s32(3), s35.

Motor vehicles - Weight - Request to driver to take vehicle to weighbridge - Requirement that request be bona fide for stipulated purpose - Request involving hazard to vehicle - Refusal to comply with such request - Motor Car Act 1958 (No. 6325), s36.

Practice and procedure - Discovery of documents - Further discovery - O. 31, r13A and r19(3) of the Supreme Court Rules - Principles applicable to further discovery pursuant to both rules - Standards of proof applicable - Relevance of documents - Whether affidavit as to relevance by party making discovery conclusive - Whether Court may itself inspect the documents in question - Discretion as to making any order - Rules of the Supreme Court, O. 31, r13A and r19(3).

Courts practice and procedure - Payment into court - Lodging of bond in court - Bond discharged by order of court after entry of judgment - Effect on bond of appellate court setting aside judgment - Obligation of the bond not revived - Practice where judgment recovered for sum less than bond lodged in court - RSC O.22, r1 and r3 - CCR O.19, r1 and r3.

Defamation - Parliamentary privilege - Absolute privilege - Anything said or done by a member in Parliament is privileged - Publication to typist or printer of privileged material - Bill of Rights, 1688, art. 9.

Costs - Two counsel - Interlocutory matter.

Land tax - Exemption - Primary production - Land used "primarily" for the business of - Land Tax Act 1958 (No. 6289), s9(1)(h), s9(1)(ha).

Criminal law - Sentence - Exercise by the Governor of the royal prerogative of mercy - Direction by Governor that a prisoner be released on parole - Power of Governor to attach conditions and requirements to such release - Crimes Act 1958 (No. 6231), s473 and s500(b).

Criminal law - Sentence - Burglary - Plea of guilty to count of entering a building as trespasser with intent to commit an offence involving an unlawful and indecent assault - Related counts of indecent assault where accused acquitted - Basis of fact upon which trial judge ought to have passed sentence.

Criminal law - Offensive weapon - Article not normally used for causing injury to others - Whether and in what circumstances such article is an offensive weapon - Summary Offences Act 1966 (No. 7405), s6(1)(e).

Criminal law - Submission of no case to answer - Test to be applied in considering the evidence.

Motor traffic - Blood alcohol content of driver involved in an accident exceeding 0.05 per cent - Sample of blood taken two hours and five minutes after driving - Admissibility in evidence of certificate by doctor who collected such sample - Admissibility in evidence of certificate of analysis of such sample - Motor Car Act 1958 (No. 6325), s80D.

Motor traffic - Blood alcohol content of driver involved in an accident exceeding 0.05 per cent - No direct evidence that doctor collecting blood sample was the doctor immediately responsible for the examination or treatment of the driver - Statutory duty of the doctor immediately responsible for the examination or treatment of the driver to collect a blood sample - Application of presumption of regularity - Motor Car Act 1958 (No. 6325), s80DA.

Motor traffic - Blood alcohol content of driver involved in an accident exceeding 0.05 per cent - Sample of blood taken two hours and five minutes after driving - Blood alcohol content then 0.225 per cent - Inference that at the time of driving blood alcohol content exceeded 0.05 per cent - Motor Car Act 1958 (No. 6325), s80G.

Motor traffic - Blood alcohol content of driver involved in an accident exceeding 0.05 per cent - Driver consuming alcohol between time of driving and time when blood sample collected - Blood alcohol content considerably in excess of permissible limit - More than proof by driver of subsequent consumption of some alcohol was necessary to establish that that consumption of alcohol caused the difference between the permitted limit and the measured content - Motor Car Act 1958 (No. 6325), s80G.

Criminal law - Offence of tampering or interfering with a motor car - Elements of the offence - Motor Car Act 1958 (No. 6325), s82A.

Motor vehicles - Tampering or interfering with a motor car - Elements of offence - Motor Car Act 1958 (No. 6325), s82A.

Town and country planning - Application to responsible authority for permit to use land as "shopping complex" - Whether application for development as well as use - Applicant required to give or publish notice of intended use of land under s18B(1) of the Town and Country Planning Act 1961 - Variations to application - Determination by responsible authority granting permit to use land and develop it by construction of buildings and works - Appeal - Appeal a re-hearing - Determination affirmed by appeals tribunal - Order nisi to review - Whether responsible authority and tribunal empowered to grant permit for use and development where application for land use permit only - Whether responsible authority and tribunal empowered to grant permit varying from application - Question of degree - Application to be determined is application at time of giving or publishing notice under s18B(1) - Town and Country Planning Act 1961 (No. 6849), s17(1B), s18, s22(1), s22A(1).

Trustees - Application for leave to distribute trust property on basis that female incapable of bearing further children - Possibility of adoption - Duty of trustee generally to seek advice of court before acting - Strong probability in fact that there will be no adoption - Persons who may be adversely affected to be considered - Adoption of Children Act 1964 (No. 7147), s32, s33.

Contempt of court - Pending proceedings - Threatened contempt by persons not party to the action - Publication by newspapers likely to prejudice fair trial - Seeking to prejudice fair trial of action by procuring newspapers to publish comment - Order restraining threatened contempt - Plaintiff ordered to pay costs of newspaper - Defendant ordered to pay plaintiff's costs including costs of newspaper - Proper exercise of discretion as to costs.

Legal Practitioners - Admission to practise as a barrister and solicitor of the Supreme Court - Application by a candidate for admission to practise to be excused from taking oath of allegiance - Legal Profession Practice Act 1958 (No. 6291) s5(2) - RSC Chapter II O.15.

Family law - Supreme Court - Jurisdiction - Stay of proceedings in Supreme Court - Family Law Act 1975 (Com.) s40(3).

Legal profession - Solicitors' Guarantee Fund - Compensation from fund - Expenses incurred consequent upon defalcation by solicitor - "Defalcation" - "Actual pecuniary loss" - Legal Profession Practice Act 1958 (No. 6291), s64(5).

Criminal Law - Appeal against sentence - Possessing prohibited imports - Heroin mixed with other substances - Whether trafficable quantity - Sentencing principles - Higher penalties for trafficable quantity unless "Court is satisfied" that commercial purpose not involved - Standard and burden of proof considered - Matter to be determined by sentencing judge and not jury - Such statutory provision not in conflict with Constitution - Customs Act 1901- 1977 (Com.), s4(1), s4(4), s50, s51, s233B(1)(ca), s233B(2), s235(2), s235(3) - Commonwealth of Australia Constitution Act, s80.

Landlord and tenant - Option to renew lease - Construction - Lessee "in the meantime" to "duly and punctually" pay rent - Rent payable on first of each month - Rent never paid on due date until option notice given - Condition precedent to exercise of option not satisfied - Rent not paid "punctually".

Practice and procedure - Summons for interlocutory relief - Treated as trial of action - Procedure to be followed.

Workers compensation - Boilermaker's deafness - Progressive partial loss of hearing - Amount of compensation payable - Statute increasing compensation where injury occurs after specified date - 15 percent loss of hearing before that date and further 1 percent loss thereafter - Date when injury occurred - Whether one or more injuries - Statutory interpretation - Workers Compensation Act 1958 (No. 6419), - s2(4), s2A(1), s2A(3), s3, s5, s11(1), s54, s56(3) - Workers Compensation (Amendment) Act 1975 (No. 8733).

Town and Country planning - Application to a responsible authority for a permit to develop land - Responsible authority to give to all objectors notice in writing of its determination - Status of "notice in writing" given pursuant to this obligation - Requirements of a proper objection - Commonwealth of Australia as an objector - Commonwealth may specify the sole department to which notice in writing is to be given - Town and Country Planning Act 1961 (No. 6849), s18C.

Health - Premises registered under Health Act - Revocation by council of registration - Discretion to revoke "On the second or any subsequent conviction" - Time at which discretion may be exercised - Reasons for exercising discretion considered - Discretion must be exercised for reasons connected with the premises and the convictions - Condition attached to registration of piggery premises - Condition that swine be kept in premises - Whether revocation of registration for alleged breach of condition valid - Condition invalid and not fundamental - Council acting beyond power and in breach of principles of natural justice - Health Act 1958 (No. 6270), s95, s97, s227, s367, s368, s369, s370, s372, s387, s449, - Registration (Health Act 1919) Regulations 1921, reg7.

Prerogative writs - Certiorari - Council purporting to revoke registrations of premises registered under Health Act - Discretion to revoke registration "On the second or any subsequent conviction" - Breach of condition of registration alleged - Revocations not related to council's powers - Property rights prejudicially affected - Council under duty to act in accordance with natural justice - Council performing a quasi-judicial function - Opportunity to be heard denied - No equally effective alternative remedies - Discretion of Court to grant relief considered.

Companies - Inspector appointed under PtVIA Companies Act 1961 - Opinion of inspector that companies should be wound up - Inspector's opinion sufficient to enable the court to exercise its discretion to order a winding up - Companies Act 1961 (No. 6839), s170(1)(c), s171(1)(a), s172, s178(1) and s178(12), s180(1)(a), s222(1)(a)(b) and s222(1)(g)

Evidence - Report of inspector appointed under PtVIA Companies Act 1961 - Petitions to wind up companies - Admissibility of parts of the inspector's report other than opinion of inspector - Only opinion of inspector admissible in evidence unless development in the winding up proceedings makes other parts of the report admissible -- Companies Act 1961 (No. 6839), s178(12), s222(1)(g).

Criminal law - Evidence - Accused making unsworn statement - Probative value of unsworn statement - Directions which may be given and comments which may be made by Judge to jury in relation to unsworn statement - Crimes Act 1958 (No. 6231). s399, s418(d).

Administrative law - Small Claims Tribunal - Certiorari - Jurisdiction with regard to a "small claim"- Claim by ultimate purchaser from retailer of goods against manufacturer of goods to enforce manufacturer's warranty - Whether collateral contract between manufacturer and ultimate purchaser - Claim must arise out of contract for the supply of goods or provision of services between a "consumer" and a "trader" - Whether relation between manufacturer and ultimate purchaser that of "consumer" and "trader" - Whether purchaser's claim a "small claim" - Small Claims Tribunal Act 1973 (No 8486) s2(1).

Local government - Validity of resolution voted upon by councillor having a "pecuniary interest" - Sale of municipal land not practicable unless land re-zoned - Councillor having a "pecuniary interest" in effectuating sale - Councillor voting on resolution amending planning scheme - Resolution valid if, excluding offending councillor's vote, it was passed by a majority - Statute providing for declaration of pecuniary interest and disqualification of councillor upon conviction for breach - Vote of council not invalidated by recourse to doctrines of natural justice or duty to act fairly - Statutory provisions covering the field - Whether amendment to planning scheme correctly advertised - Local Government Act 1958 (No. 6299), s53, s56(3), s181 - Town and Country Planning Act 1961 (No. 6849), s28, s30, s32.

Damages - Negligence - Mitigation of damage - Personal injuries - Refusal of plaintiff to undergo surgical treatment - Test of reasonableness - What a reasonable man faced by all the circumstances existing for the plaintiff would have done.

Motor traffic - Blood sample taken more than two hours after commission of offence - Admissibility of certificates relating to taking of blood sample and of blood analysis - Purpose of statutory provisions considered - Whether code created restricting admissibility of certificates unless blood sample taken within two hours of offence - No such restriction imposed by statute - Provision to facilitate proof of intoxication - Motor Car Act 1958 (No. 6325), s80B, s80D, s80F.

Criminal law - Sentence - Youth Training Centre - Whether prisoner "detained in custody pursuant to the sentence" - Whether administrative transfer of prisoner from training centre to prison not bona fide - Whether "antecedents and behaviour of a young person" refer solely to conduct at training centre - Undesirability of administrative direction overriding judicial determination when both based on same considerations - Community Welfare Services Act 1970 (No. 6651), s173(1), s177(1).

Statute - Interpretation - Effect of later Act on interpretation of earlier Act.

Injunction - Interlocutory injunction - Undertaking as to damages - Soil Conservation Authority - Whether Authority should be treated as equivalent to Crown for purpose of giving undertaking as to damages in law enforcement proceedings.

Crown - Soil Conservation Authority - Injunction - Whether Authority should be treated as equivalent to Crown for purpose of giving undertaking as to damages in law enforcement proceedings - Crown Proceedings Act 1958 (No. 6232), s25.

Justices - Committal proceedings in Magistrates' Court - Further particulars of information - Inherent power to order the giving of further particulars - Discretion as to whether particulars should be ordered.

Criminal law - Committal proceedings - Further particulars of information - Inherent power to order the giving of further particulars - Discretion as to whether particulars should be ordered.

Practice and procedure - Compromise of action - Plaintiff under disability - Approval by Court - Undesirability of agreeing costs before approval by Court of compromise.

Practice and procedure - Commercial Causes - Summons for order that action be entered in Commercial Causes List - "Commercial Cause" - Objects of List - Discretion as to entry of Commercial Cause in List - Relevance of additional costs - Ch. II, O.14, r1.

Contract - Sale of goods - Unascertained goods - Agreement to sell - "sell" - Tobacco - Business Franchise (Tobacco) Act 1974 (No. 8597), s2, s6, s8 - Goods Act 1958 (No. 6265), s6, s21.

Death duty - Probate Duty - Notional estate - Option - Benefit accruing to any person on or after death of deceased by operation of or pursuant to any agreement made by deceased - Probate Duty Act 1962(No. 6890), s8(1)(a).

Companies - Requirement to make out and lay before annual general meeting a profit and loss account - Requirement to make out and lay before annual general meeting a balance sheet - Requirement to attach a directors' report to the balance sheet - Requirements arise only when an annual general meeting is in fact held - Companies Act 1961 (No. 6839), s162(1), s162(3), s162A(1), s163(1).

Acquisition of land - Application that claim for compensation be determined by Court rather than Land Valuation Board of Review - Whether questions of "unusual difficulty" or of "general importance" raised - Meanings of such phrases considered - Onus in relation to application - Assessment of compensation for unexpired term of a periodic tenancy - Whether any claim for loss of goodwill and business disturbance - Valuation of Land Act 1960 (No. 6653), s25(2)(c) - Lands Compensation Act 1958 (No. 6286), s11(B)(1), s61.

Criminal law - View by jury of scene - Refusal by judge to direct view - Discretion - Concerted concoction of false alibi by two or more accused - Admissible evidence against all of consciousness of guilt - Crimes Act 1958 (No. 6231), s419.

Administrative law - Small Claims Tribunal - "Small claim" - Claim by ultimate purchaser seeking enforcement of a manufacturer's warranty - Whether contract constituted by warranty a contract for "the provision of services" - Whether the manufacturer a "trader" and ultimate purchaser a "consumer" - Small Claims Tribunals Act 1973 (No. 8486), s2(1).