Criminal law - Evidence - Rape - Evidence of complaint made by prosecutrix - Complaint made at first reasonable opportunity - Evidence of a second complaint - Complaint elicited by questioning - Admissibility of such evidence.

Criminal law - Evidence - Rape - Where consent is the only defence taken - Need for corroboration of prosecutrix's evidence of non-consent - Nature of corroborative evidence - Evidence of distressed condition of prosecutrix as corroboration.

Road traffic - Offence of driving motor car while blood alcohol content of driver exceeds 0.05% - Offence found proven - Adjournment without conviction upon recognizance to be of good behaviour - Power of magistrate to adjourn upon recognizance - Legislative provision rendering inapplicable in certain cases statutory power of adjournment where offence found proven - Whether retrospective - Review by Supreme Court of sentence imposed by magistrate - Motor Car Act 1958 (No. 6325), s81A, s89A - Magistrates (Summary Proceedings) Act 1975 (No. 8731), s80.

Practice and procedure - Inherent jurisdiction of Court to dismiss appeal for want of prosecution - County Court - Appeal from - County Court Act 1958 (No. 6230), s74 and s75 - RSC O.58, r11A; O.59.

Crimes compensation - Award of compensation - Several dependants suffering pecuniary loss as result of victim's death - Whether each entitled to maximum compensation - Criminal Injuries Compensation Act 1972 (No. 8359), s15 and s16.

Tribunal - Appeal - Crimes Compensation Tribunal - Modes of appeal from award where computation of compensation is erroneous - Administrative Law Act 1978 (No. 9234).

Criminal law - Sentence - No power to make a probation order and pass another sentence upon conviction for a single offence - Crimes Act 1958 (No. 6231), s508.

Criminal law - Sentence - Application for leave to appeal against sentence passed on conviction - Fine and probation ordered on single conviction - Fine and probation not a sentence passed on conviction for purpose of appeal - Crimes Act 1958 (No. 6231), s520, s567(d).

Scaffolding and Lifts - Crane-Conveyor - Rotating screw - Whether rotating screw used as part of a process of manufacture or conversion amounts to conveyor - Lifts and Cranes Act 1967 (No. 7629).

Real property - Restrictive covenant - Application for discharge or modification - Restriction impeding reasonable use of land - Restriction not securing practical benefits to other persons - Property Law Act 1958 (No. 6344), s84.

Sale of land - Mortgagee's sale - Whether mortgage able to make good title - Mortgagee's obligation to deal with outstanding caveats before registration of transfer - Caveat not an "encumbrance" which would be expunged upon registration of transfer - Registrar unable to register mortgagee's transfer to purchaser until subsequent caveats lapsed or removed - Property Law Act 1958 (No.6344), s49 - Transfer of Land Act 1958, (No. 6399), s4(1), s77(4), s91(1).

Damages - Damages for personal injury - Medical benefits payable under National Health Act - Nursing home benefits payable under National Health Act - Plaintiff's entitlement to benefits under National Health Act to be disregarded in assessing damages - National Health Act 1953 (Com.), s18, s59.

Contract - Illegality - Fraud on the Law - Sale of land - Fraudulent purpose to defeat vendor's judgment creditor - Fraud and illegality not pleaded - Action to recover land not maintainable.

Landlord and tenant - Purchaser in possession pursuant to tainted transaction - Claim by purchaser for possession - Implication of tenancy at will arising without reference to evidence of fraudulent object of transaction.

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.

Strata titles - Duty of body corporate to repair and maintain common property - Strata Titles Act 1967, s13(1), s15(1)(f), s115(1)(i), s16(1), s18 and s33(2).

Will - Construction - Residuary gift "absolutely" to named nephews and nieces who should survive testator - Proviso that if any predeceased the testator or died before the date of distribution their children then living who attain 21 to take - Further proviso that corpus to be distributed to their children then living who attain 21 upon death of last survivor - Whether absolute gift - Acceleration - Question directed to ascertaining effect of simultaneous surrenders of interests by nephews and nieces - Future or hypothetical question answered - Premature determination of interests producing acceleration unless contrary intention in will - Contingency of survivorship and contingency of attaining 21 no bar to acceleration - No intention that distribution should not occur until all possible members of class born - Gift accelerated and class closing upon execution of surrenders.

Road traffic - Bodily injury to a person arising out of use of a motor car - Employer of a person suffering bodily injury liable to pay workers compensation to that person - Right of employer to claim indemnity from other driver - Identity of other motor car not able to be established - Liability of Incorporated Nominal Defendant to indemnify employer - Motor Car Act 1958 (No. 6325), s49 - Workers Compensation Act 1958 (No. 6419), s62(1)(b).

Defamation - Words complained of spoken during television broadcast - Whether libel or slander - Slander not actionable without proof of special damage - Whether defamatory matter in transient or permanent form - Transmitting of words by a television station "deemed to be publication in a permanent form" - Meaning of "deemed" - Whether statutory fiction has effect of making defamatory matter a libel - Statutory fiction not confined to liability of television stations - Broadcasting and Television Act 1942 (Com.), s117A, s124.

Land Tax - Construction - Power of Commissioner of Land Tax to make amended assessment - Land Tax Act 1958, s8(1), s19, s24A, s28.

Patents - Opposition proceedings - Appeal to Court from "interim decision" of Commissioner of Patents - Competency of appeal - Patents Act 1952 (Com.), s60(1), s60(5).

Administrative law - Solicitor - Secretary of Law Institute sending notice of intention to cancel practising certificate - Whether a "decision" - Administrative Law Act 1978 (No. 9234), s3.

Legal Practitioners - Solicitor - Secretary of Law Institute sending notice of intention to cancel practising certificate - Whether a "decision" - Administrative Law Act 1978 (No. 9234), s3.

Health - Offence of opening a permanent public building without the approval in writing of the municipal council - Premises in question a "fish and chip" shop in which two coin-operated amusement machines installed - Delegation by Commission of Public Health to Council of power to approve opening of permanent public buildings which are amusement parlours - Commission empowered to delegate to councils its power to give approval to opening of a "permanent public building" - Amusement parlour not ipso facto a public building - Whether delegation invalid - Whether installation of amusement machines converted premises into amusement parlour - Meaning of "amusement parlour" - Health Act 1958 (No. 6270), s191(1)(b).

Injunction - Quia timet injunction - Proof of real probability of imminence of activity and of substantial damage. Evidence - Judicial notice - Fact so generally known that ordinary persons presumed to be aware of it.

Arbitration - Motion to set aside award in relation to costs - Whether Court limited to considering what appears on the face of the award - Whether error must appear on the face of the award - Arbitrators's exercise of discretion.

Workers compensation - Amount of compensation - "Personal injury" - Injury to little finger before amendment of Act - Amputation of end joint of little finger after amendment of Act - Workers Compensation Act 1958 (No. 6419), s2A, s5, s11; Workers Compensation (Amendment) Act 1975 (No. 8733).

Practice and procedure - Appeal from Master - Date for determination of relevant facts - Extension of time for appeal - Re-hearing de novo - Consideration of the justice of the case - Order by Master that unless amended defence delivered within time specified original defence be struck out - No power to set aside judgment - No power to extend time for compliance with order - Rules of Supreme Court, O.64, r6; O.54, r16(6).

Criminal law - Acting in concert - Test to be applied to decide whether party so acting - Causing explosion likely to endanger life or property - Wounding with intent to do grievous bodily harm - Unlawful and malicious wounding - Crimes Act 1958 (No. 6231), s17, s19, s317(2) and s423.

Practice and procedure - New trial - Misdirection by trial judge - Issue estoppel - Where accused acquitted on some but not all counts - Considerations for determining whether new trial to be ordered or prisoner acquitted - Third trial and accused playing less prominent role in criminal act - Effect on exercise of discretion - Crimes Act 1958 (No. 6231), s568(2).

Criminal law - Jurisdiction - Murder - Whether committed within Victoria - Victim fishing on bank of River Murray - Killed by shot fired from a position higher up on the same bank.

International law - Boundary between States of Victoria and New South Wales - Act 18 and 19 Vict. c.54(UK), s5.

Confidential information - Concept or idea - Television programme concept or idea - Concept communicated to television network in circumstances importing confidence - Whether concept or idea within public knowledge - Whether concept or idea susceptible of protection - Unauthorized use of concept - Whether injunction lies against innocent third party to whom concept or idea not communicated by plaintiff.

Confidential information - Unauthorized use - Wrongful act - Damages - Power to award damages - Supreme Court Act 1958 (No.6387), s62(3).

Damages - Loss dependent on contingency - Chance of loss - Whether substantial - Assessment - Difficulty of assessment.

Town and country planning - Application for town planning permit refused - Appeal to Town Planning Appeals Tribunal - Land "reserved or deemed to be reserved" or "required or will be required" for a public purpose - Land zoned "Conservation Zone" - Town and Country Planning Act 1961 (No.6849), s17(1), s18(4), s19(1), s22(2), s22B(3), s41, s42, - Magistrates' Courts Act 1971 (No. 8184), s93.

Appeal - Case stated - "Facts" - Criminal law - Theft - Case stated from County Court to Supreme Court - Whether case may be stated where appeal against sentence only - Exercise of sentencing discretion by County Court - Exercise of discretion by Supreme Court - Magistrates' Courts Act 1971 (No. 8184), s85.

Sale of Land - Voluntary conveyance - Resulting trust - Fraudulent conduct - Transfer of land to deceive Town Planning Appeals Tribunal - Action to recover land - Whether proof of cause of action possible without disclosure of fraud.

Criminal law - Co-accused - Admission of similar fact evidence - Similarity between features of robberies - Probative force of similar fact evidence - Striking similarity between similar facts and facts in issue.

Evidence - Similar fact evidence - Probative force.

Criminal law - Co-accused charged with theft and robbery - Change of plea to guilty by one co-accused during trial - Application to discharge jury made on behalf of other co-accused - Application refused by trial Judge - Exercise of discretion by trial Judge.

Guarantee - Agreement in writing - Description of parties - Use of extrinsic evidence to explain - Instruments Act 1958 (No. 6279), s126.

Practice and procedure - Summons for final judgment - Leave to defend action - Cross-examination of plaintiff on material - Plaintiff to swear positively to facts - RSC, O.14, r1

Estoppel - Res judicata - Principle that matter which should have been raised in earlier litigation may be barred - Order for contribution between tortfeasors under Wrongs Act - Whether subsequent claim may be made by one tortfeasor against other tortfeasor for indemnity under agreement - Whether estopped - Whether abuse of process of court - Discretion of court.

Limitation of actions - Claimant receiving information of material fact within limitation period - Relevance of claimant's belief that the information is incorrect - Limitation of Actions Act 1958 (No. 6295), s23A.

Murder - Joint accused - Whether defence of duress - Charge of trial judge - Whether opinion evidence of expert witness properly excluded by trial judge - Whether evidence tendered by one accused properly excluded by trial judge - Discretion of trial judge to exclude admissible evidence.

Town and Country Planning - Permit issued under interim development order - Subsequent refusal by council to seal plan of subdivision - Refusal based on subdivision not being in the "public interest" - Detriment to "public interest" - Environment protection - Conservation - Town and Country Planning Act 1961 (No. 6849), s22(3), s23 - Local Government Act 1958 (No.6299), s569, s569AA, s569B(8)(o), s570.

Town and country planning - "Tenement" - "Ownership" - Whether determination that "separate tenement" did not have a special "planning" meaning wrong in law - Whether Planning Tribunal's exercise of its appellate discretion raised a point of law - Town and Country Planning Act 1961 (No. 6849), s21, s22.

Crime - Obtaining property by deception - Element of offence imported by the word "dishonestly" - Duty of trial judge in charging jury - Crimes Act 1958 (No. 6231), s81(1).

Insurance - Injury to employee arising from use of motor vehicle - Employer insured against workers compensation liability - Different compulsory motor vehicle insurer - Whether double insurance - Motor Car Act 1958 (No. 6325), s40(1).

Administrative Law - Drainage Tribunal - Decision of the Tribunal on a basis not raised by the parties - Whether denial of natural justice - Duty to act fairly - Statutory remedies and means of review - Administrative Law Act 1978 (No. 9234) - Drainage of Land Act 1975 (No. 8811).

Industrial law - Labour and industry - Failure to pay holiday pay - Whether "continuing offence" - Limitation period for prosecution - Whether jurisdiction to order payment of arrears - Labour and Industry Act 1958 (No. 6283), PtVIII, Div. 3 and s192 and s199.

Practice and procedure - Industrial Appeals Court--Certiorari to quash order-- Whether transcript/decision constitutes record of judgment.

Motor vehicles - Third party insurance - Bodily injury caused by or arising out of use of motor car - Plaintiff injured by rock thrown from moving motor vehicle - Motor Car Act 1958 (No.6323), s49(1).

Building contract - Order for reference of questions to special referee for inquiry and report to court - Principles to be applied in determining whether to adopt the findings of the special referee - Arbitration Act 1958 (No. 6200), s14.

Practice and procedure - Order for reference of questions to special referee for inquiry and report to court - Report not provided within time prescribed - Power to enlarge retrospectively time for making of report - Whether court may act on report without formally enlarging time for making of report - Arbitration Act 1958 (No. 6200), s10, s17.

Practice and procedure - Order for reference of questions to special referee for inquiry and report to court - Principles to be applied in determining whether to adopt the findings of the special referee - Arbitration Act 1958 (No. 6200), s14.

Practice and procedure - Order for reference of questions to special referee for inquiry and report to court pursuant to s14 of Arbitration Act - Status and effect of report - Report constituting a final and binding determination only to the extent that it is adopted by the court - Report not per se equivalent to a verdict - Arbitration Act 1958 (No. 6200), s14, s16, RSC, 0.36, r43, r44.

Criminal law - Sentence - Appeal against - Co-offenders - Disparity of sentences - Antecedents of offender - Prior probation orders - Sentencing on basis only of offence charged - Crimes Act 1958 (No. 6231), s476A.

Practice and procedure - Application to deal with moneys paid into Court by trustees - Application not within Master's jurisdiction - Application to be made to Court or Judge - Construction of rules - Trustee Act 1958 (No. 6401), s69(1) - Rules of the Supreme Court, O.54, r14, O.55, r1(2), r1(3) and r1(5).

Practice and procedure - Service of writ - "Indorsement" thereon - Application for liberty to proceed - Service and Execution of Process Act 1901 (Com.), s5, s6.

Water supply - Irrigation district - Drainage scheme - Flooding - Compensation - Whether damage caused by intentional flooding or negligence of Authority - Meaning of "flooding or sending on of water" - Meaning of "intentional flooding" - Meaning of "negligence" - Questions for Court to determine in claim for compensation - Burden of proof on Authority - Water Act 1958 (No. 6413), s273, s274 and s277. Appeal - Difficulties in examination of evidence by appellate court.

Limitation of actions - Application for leave to issue out of time - "Material facts" - "Knowledge" thereof - Nature and extent of injury - Beneficial interpretation of remedial section - Limitation of Actions Act 1958, s23A.

Arbitration - Arbitrators appointed by private agreement - Whether arbitrators so appointed empowered to award interest - Supreme Court Act 1958 (No. 6387), s78(1) - Arbitration Act 1958 (No. 6200), s14, s15 and s16.

Prerogative writs - Prisoner serving sentences of imprisonment - Assessment of security rating and classification by prison Classification Committee - Whether legal right or legal status or legitimate expectation accrued from assessment and classification - Reclassification of prisoner by Classification Committee - Discharging administrative function for prison management - Rules of natural justice not applied by Classification Committee - No duty to observe natural justice - Gaols Act 1958 (No 6259), s49 - Community Welfare Services Act 1970 (No. 8089), s2(1), s2(2)(b), s125 - Social Welfare Regulations 1962, Div. III, as amended by SR No. 97 of 1974, reg107, reg108, reg109, reg110, reg111, reg112, reg218(a).

Administrative law - Prisons and prisoners - Classification of prisoner by Classification Committee - Status of prisoner - Whether legal right or legal status or legitimate expectation accrued from classification - Reclassification of prisoner by Committee - Administrative function - No duty to observe natural justice - Gaols Act 1958 (No. 6259), s49 - Community Welfare Services Act (No. 8089), s2(1), s2(2)(b), s125 - Social Welfare Regulations 1962, Div. III, as amended by SR No. 97 of 1974, reg107, reg108, reg109, reg110, reg111, reg112, reg218(a).

Criminal law - Identification from police photographs - No identification parade ever held - Accused not previously known to identifying witnesses - Extent to which the declarations of identifying witness at time of identification are admissible to show person or persons identified.

Companies - Arrangements and reconstructions - Proposal for reduction of capital and increase of capital thereupon - Meetings of members - Whether invitation to shareholders to vote for resolution "offer to acquire shares" or "offer to dispose of shares" - Companies Act 1961 (No. 6839), s180A, s180C, s180D, s181(1).

Criminal law - Dissemination of misleading information likely to raise market price of shares - Elements of offence and proof required - Proper construction of statutory provision - No proof required that misleading material particular likely to have that result - Contravention established by proof of one or more misleading particulars - Secretary of co-accused company a competent witness for Crown - "No comment" answers in record of interview - Right to remain silent - Failure to answer some questions and volunteer information - Answers inconsistent with defence - Permissible area of cross-examination and comment considered - Sentence not manifestly excessive - Securities Industry Act 1975 (No. 8788), s110.

Evidence - Misleading information disseminated - Whether likely to raise market price of shares - Proof - Opinion evidence of broker and banker received - Admissibility - Opinion not within common knowledge of ordinary jury - Opinion answering ultimate issue to be decided - Such evidence not received unless necessary - Evidence of volume of trading and share prices - Relevance - Evidence relating to breaches of Stock Exchange rules.

Criminal law - Corporation and director charged with same offence - No gain available to company - Whether heavy fine imposed on company manifestly excessive - Both shareholders and active participants affected - Necessary to be mindful of those on whom incidence of fine would fall - Purposes of fining a company considered - Securities Industry Act 1975 (No.8788), s110.

Criminal Law - Application for leave to appeal against conviction dismissed - Whether application should be reinstated - Whether order had passed into record - "the records of the Court" - The common law "record" - Criminal Appeal Rules 1965 r35(b).

Practice and procedure - "the records of the Court" - The common law "record" - Period during which court may alter or withdraw judgment or order.

Practice and procedure - Interrogatories - Time for answering interrogatories - Time does not run during the long vacation - RSC 0.31, r8; O.64, r4(1).

Criminal law - Accused presented on count of wounding with intent to do grievous bodily harm - Defence of intoxication raised by accused - Alternative statutory verdict of unlawful and malicious wounding open to the jury - Jury directed to ignore intoxication of accused when considering whether the accused had formed the general intent required by the statutory alternative of unlawful and malicious wounding - Crimes Act 1958 (No. 6231), s423.

Practice and Procedure - Interrogation - Discovery - Whether Public Trustee to make affidavits on behalf of protected person of unsound mind - Public Trustee Act 1958 (No. 6350), s50(1), s50(q), s66 - RSC, O.31, r1A, r13A, r21.

Insanity - Practice and procedure - Interrogation and discovery - Whether Public Trustee to make affidavits on behalf of protected person of unsound mind.

Administration and probate - Application for grant of administration ad colligenda bona - Whether guarantee required as a condition of grant - Administration and Probate Act 1958 (as amended) (No. 6191), s57(1) - Administration and Probate Rules (as amended), r23(1).

Practice and procedure - Damages assessed by Master - Appeal to Full Court seeking new trial of issue of damages - Whether person dissatisfied with certificate of Master may apply for new trial of assessment - Supreme Court Act 1958 (No. 6387), s34 - RSC, O.27, r4; O.54, r16; O.58, r1.

Companies - Winding up - Duties of liquidator - Court inquiry into liquidator's conduct - Court's powers and jurisdiction - Procedure - Standing of Commissioner for Corporate Affairs - Relevance of conduct of liquidator in other liquidations and appointments - Failure to preserve assets and seek Court's directions - Liquidator dishonest, in breach of duties and in breach of Companies Act and its Rules - Removal - Remuneration disallowed - "Misfeasance, neglect or omission" - Liquidator ordered to make good losses sustained - Computation of loss - Power to award interest - Liability for audit costs - Solicitor acting for liquidator - Solicitor's duty - Conflict of interest when acting for liquidator in personal capacity - Companies Act 1961 (No. 6839), s86(2), s227, s236, s237(3), s238, s240(2), s247(3), s278, s281, s296, s365(1) - RSC, Ch. I, O.37, r5 - Supreme Court (Companies) Rules 1962, r48(1), r79.

Practice and procedure - Order to review - Children's Court order - Jurisdiction of Supreme Court to review - Magistrates' Courts Act 1971 (No. 8184), s88 - Children's Court Act 1973 (No. 8477), s17.