Company law - Australian Associated Stock Exchanges - "Listed companies" - "Listing rules" - "Obligation" - Whether unlisted companies obliged to observe listing rules - Securities Industry Act 1975 (No. 8788), s31.

Will - Construction - Condition precedent - Condition subsequent - Rule in Phipps v Ackers - Condition subsequent for divesting of vested interest - Degree of certainty necessary for a condition subsequent - "She shall then be resident in any of the countries of the British Commonwealth of Nations" not void for uncertainty.

Injunction - Interlocutory injunction - Principles upon which granted - Degree of probability of success required to establish prima facie case - Whether balance of convenience arises.

Practice and procedure - Appeal from refusal to grant injunction - Principles upon which a discretionary judgment appealable.

Criminal law - Rape - Applicant discharged by magistrate at committal hearing - Presentment for trial - Whether magistrate ordered that applicant "shall not stand for trial for the offence" - Whether Crown forbidden from presenting applicant for trial - Crimes Act 1958 (No. 6231), s359A - Magistrates (Summary Proceedings) Act 1975 (No. 8731), s47A(10).

Criminal law - Discharge by judge of juror - Allegation by juror of dangerous illness to near relative - Trial continued with jury of eleven - Failure to hear sworn evidence relating to facts of discharge - Failure to hear counsel on question of discharge - Whether miscarriage of justice - Juries Act 1967 (No. 6282), s44.

Stamp duty - Assessment of duty - Whether deed a "mortgage" - Meaning of "repayment of money", "money to be thereafter lent, advanced or paid", "unlimited amount" - Stamps Act 1958 (No. 6375), s137D, s137F(1), s137F(2), s137F(5).

Money - Exchange rates - "Current rate of exchange" - Whether buying or selling rate of trading bank applicable - Stamps Act 1958 (No. 6375), s25.

Criminal law - Recall of order pronounced but not perfected - Court's power - Application for leave to appeal abandoned - Court's order not perfected - Applicant seeking to proceed with appeal - Criminal Appeal Rules not preventing order being recalled - Circumstances considered when order should be recalled - Deliberate decision by applicant to abandon appeal - Criminal Appeal Rules 1965, r6(3), r6(4).

Sale of Goods - Contract - Auction sale - Cattle - Prior advertisement - Express and implied terms and conditions - Sale by description - "Express agreement" to negative implied terms and conditions - Goods Act 1958 (No. 6265), s18, s19, s61.

Companies - Leave sought to be director or take part in company's management - Applicant convicted and imprisoned for conspiring to utter forged bank notes - Leave previously granted in relation to family company - Reconstruction of company group and transfer of business - Fresh leave required and refused - Whether discretion wrongly exercised - Purpose and policy of statutory provision - Policy to protect public - Other relevant considerations - No objection that re-organization carried out without resort to Court and in order to reduce incidence of tax - Relevance of scope of company's operations and size of turnover - Companies Act 1961 (No. 6839), s122.

Tort - Contribution by other tortfeasor - Person entitled to indemnity in respect of liability - Elements of cause of action - Wrongs Act 1958 (No. 6420), s24.

Estoppel - Subsequent raising of issues available in former action.

Probate duty - Testamentary option to purchase testator's interest in partnership - Whether interest "passes" to optionee - Probate Duty Act 1962 (No. 6890), s24(7).

Criminal law - Riot - Sentencing - Basic approach - Activities directed against police - No error in regarding that as an aggravating factor - Undue weight not given to possible consequences - Weight to be given to deterrence and other factors - Custodial sentence justified - Whether sentence excessive.

Administration and probate - Application that attesting witness be entitled under will - Statutory provisions considered - Persons on whom notice of application may be served - Whether entitlement known to and approved by testatrix and whether undue influence - Evidence and proof required - Will prepared by solicitors on instructions of witness formerly a member of that firm - Witnesses and testatrix closely related - Administration and Probate Act 1958 (No. 6191), s100, s101 - Wills Act 1958 (No. 6416), s13 - Wills (Interested Witnesses) Act 1977 (No. 9044), s5.

Sale of land - Contract - Vendor and purchaser - Deposit - Vendor accepting purchaser's repudiation - Vendor entitled to recover unpaid balance of deposit.

Administrative law - "Small claim" - Contract of sale of land with condition for rendering of services - Claim for faulty work - Collateral agreement continuing to have effect after conveyance - Tribunal's jurisdiction - "Claim that has arisen not more than two years previously" - Construction - Cause of action must arise within the period - Whether relief should be refused - Costs - Small Claims Tribunals Act 1973 (No. 8486), s2(1).

Companies - Futures Exchange - Purchase of contracts by broker - Default by purchaser in payment of "margins" - Resale of contracts by broker - Duty of broker to sell in good faith.

Contract - Futures Exchange - Purchase of contracts by broker - Default by purchaser in payment of agreed "margins" - Resale of contracts by broker - Whether duty of broker to close out account immediately.

Arbitration - Question of law arising - Reference to Court by way of case stated - Award made in conformity with decision of the Court - Power to set aside the award for error of law on its face if the decision of the Court incorrect.

Shipping - Charterparty - Construction - Exception - "Strike of workmen essential to berthing of vessel or to loading of cargo" - Storemen refusing to load vessel if it berthed unassisted during tug operators' strike - Whether charterer exempted from demurrage during strike of tug operators.

Criminal law - Sentence - Appeal against - Insanity - Mental illness - Defence not relying on insanity - Evidence of insanity on plea for mitigation of sentence - Crimes Act 1958 (No. 6231), s569(4).

Criminal law - Practice and procedure - Whether point of law can be reserved for consideration by Full Court in a criminal matter - Supreme Court Act 1958 (No. 6387), s44.

Criminal law - Bail - Murder charge - Whether applicant obliged to show exceptional circumstances - Bail Act 1977 (No. 9008), s4(1), s13.

Practice and procedure - Costs - Payments into court - Substantial second payment made on day of hearing - Judgment entered for plaintiff less than amount paid into court - Whether plaintiff liable for costs - Whether "special cause" - Judicial discretion - RSC O.22, r2(1), r2(3) and r6.

Public Service - Public Service Disciplinary proceedings - Whether adjourned summary proceedings for the offence of theft precluded disciplinary proceedings under the Public Service Act - Public Service Act 1974 (No. 8656), s59 - Acts Interpretation Act 1958 (No. 6189), s28.

Contract - Fraud - Representation originally true but later false - Continuation of representation - Liability of representor.

Contempt of Court - Wilful misbehaviour - Magistrates' Courts - Coroners Court - Natural Justice - Opportunity to be heard before adverse finding - Opportunity to explain or mitigate - Apology for misbehaviour - Magistrates' Courts Act 1971 (No. 8184), s46(3) - Coroners Act 1958 (No. 6227), s7, s10A.

Defamation - False and true innuendo - Identification of plaintiff - Pleading.

Family law - Common law wife - Real property in name of common law husband - Whether held upon trust for husband and wife.

Real property - Legal ownership in name of common law husband - Common law wife - Whether wife has equitable interest.

Magistrates - "Guilty of the offence" - conviction not necessary to constitute an offence - Adjournment - Magistrates (Summary Proceedings) Act 1975 (No. 8731), s80(1), s80(2).

Magistrates - Order nisi to review - Powers of Court - Varying or amending order - Magistrates' Courts Act 1971 (No. 8184), s93.

Motor car - Excess blood alcohol - "Second or any subsequent offence" - Penalty - Motor Car Act 1958 (No. 6325), s81A.

Industrial Law - Teacher and Education Department - Contract of service - Teacher member of teaching services association - Stop work resolution of association - Refusal of Education Department to assign teaching duties unless teacher gave undertaking not to cause further disruption to school's education programme - Application for interlocutory injunction to restrain Education Department from withholding salary and suspending teacher from teaching duties - Statutory powers of Director-General of Education to suspend - Special circumstances required for enforcement of contract of service - Readiness and willingness of teacher to perform contract of service - Teacher in breach of Teaching Service Regulations - Teaching Service Act 1958 (No. 6391), s55 - Teacher Service (Governor-in-Council) Regulations - Public Service Act 1958 (No. 6349), s55 - Education Act 1958 (No. 6240), s4(3).

Criminal law - Compensation order - Nature of - When to be made - Appeal against - Appeal procedure - Person released on probation - Crimes Act 1958 (No. 6231), s546(1), s567(d), s520(1) and s520(3), s570(2), s566.

Criminal law - Possession of a prohibited import without reasonable excuse - Onus of proof of reasonable excuse - Joint trial of co-accused - Applications for separate trials - Election made not to advance contention at trial - Change of judge too favourable to accused - Discretion of judge to limit cross- examination by co-accused as to character - Discretion of judge to order separate trials - Customs Act 1901 (Com.) s233B(1)(ca), Crimes Act 1958 (No. 6231), s399(5)(c) and s399(5)(e).

Workers compensation - Case stated - Worker living and injured in house provided by employer - Whether injury arose out of or in course of employment - Whether injured at place of employment - Workers Compensation Act 1958 (No. 6419), s5, s8(2)(a)(i) and s56.

Criminal law - Handling of stolen goods - Restoring of goods to lawful possession or custody - What amounts to "lawful possession or custody" - Meaning of "restored" - Onus of proof upon Crown - Crimes Act 1958 (No. 6231), s88, s90.

Vendor and purchaser - Caveat - Sale by mortgage - Caveat by subsequent unregistered mortgagee - Whether caveat on title can be removed by mortgagee in possession prior to lodgment of transfer - Transfer of Land Act 1958 (No. 6399), s89A, s90.

Criminal law - Procedure - Prosecutions for rape, attempted rape, and assault with intent to rape - Trial to be commenced within period prescribed by statute - "Trial" refers to the arraignment of the accused whether he pleads guilty or not guilty - Accused arraigned and pleading guilty more than three months after committal for trial - Whether Court had jurisdiction - Crimes Act 1958 (No. 6231), s359A.

Contempt of court - Interim injunction restraining publication of film - Alleged publication of film in disobedience of injunction - Standard to be applied in determining whether respondents had proper notice of injunction.

Costs - Motion for contempt of court - Whether successful respondents ought to pay costs of the applicant - Exceptional case - Supreme Court Act 1958 (No. 6387), s32(1).

Criminal law - Wireless telegraphy - "Messages" - "received by appliance" - No licence granted and no authority given - Whether person "listening in" to wireless telegraphy broadcasts not addressed to or intended for him is using an appliance for receiving messages by means of wireless telegraphy - Wireless Telegraphy Act 1905 (Cth.), s6.

Post and telecommunications - Wireless telegraphy - "Receiving a message" - Intercept device - Whether within ambit of Wireless Telegraphy Act 1905 (Cth.), s6.

Real Property - Caveat - Application by mortgagees for removal of caveats - Mortgagees wishing to exercise power of sale - Mortgagees also interested in unregistered mortgages - Interest of caveator consisting of subsequent unregistered mortgages - Allegation by caveator that land not being offered for sale in most advantageous way - Onus on caveator to justify continuance of caveats - Prohibition sought by caveat wider than estate or interest to which caveator entitled - No amendment to seek a more limited prohibition - Caveator not entitled to prevent or inhibit legitimate mortgagee's sale - Transfer of Land Act 1958 (No. 6399), s77, s90.

Criminal Law - Rape - Preliminary examination - Committal proceedings - Prescribed period - Magistrates (Summary Proceedings) Act 1975 (No. 8731) - Jurisdiction of Stipendiary Magistrate - Proof of order made by Stipendiary Magistrate not constituting Magistrates' Court.

Criminal law - Fitness to be tried - Whether question should have been submitted to jury before taking verdict on general issue - Whether real and substantial question as to fitness arose at outset of trial - Accused previously found unfit to be tried - Confession of guilt on oath during plea - Whether Crown could lead such evidence subsequently - Whether Court should decline to order new trial - Crimes Act 1958 (No. 6231), s393.

Criminal law - Offender permitted to serve sentence by attendance at attendance centre - Successful application by Director-General of Community Welfare Services for cancellation of attendance centre order - Order that offender serve unexpired portion of sentence - Whether appeal lies - Jurisdiction - Requirement of warrant of apprehension - Sentence of imprisonment coupled with an order for attendance at an attendance centre is one sentence - Community Welfare Services Act, 1970 (No. 6651), s145E, Crimes Act 1958 (No. 6231), s476(e), s493, s566, s567.

University of Melbourne - Petition seeking visitation and declaration by Visitor - Whether the University Council and Students' Representative Council breached the Melbourne University Act 1958 (No. 6405), Statute and Regulations - Whether Students' Representative Council payment to Australian Union of Students was lawful - Status of Students' Representative Council - Whether Students' Representative Council continued as a constituent organization of the Australian Union of Students - Whether breach of duty by University Council and the Students' Representative Council - Whether Student's Representative Council breached its constitution by publishing certain articles in the student newspaper "Farrago".

Jurisdiction - Jurisdiction of Visitor exclusive and final - Established limits of jurisdiction - Enforcement of statutory public duty - Enforcement of regulatory duty - Encroachment on discretion of administrative body - Honest exercise of discretion despite different opinion - Melbourne University Act 1958 (No. 6405), s4, s9, s15, s16, s17, s24, s25, s32 and s43.

Town and country planning - Application to responsible authority for permit to use land - Whether application for development as well as use - Whether plans extended scope of application - Town and Country Planning Act 1961 (No. 6849), s21A(1).

Practice and procedure - Plaintiff injured in course of employment - Damages awarded unreasonably low - Insufficient evidence upon which jury could find contributory negligence - Judgment ordered to be entered non obstante veredicto - Whether trial judge entitled to order entry of a judgment inconsistent with the findings of the jury.

Criminal law - Defence of necessity - Elements of defence - Whether defence to indictable offence created by statute.

Administration and Probate - Executors' commission - Procedure where one executor does not wish to participate in claim for commission - Administration and Probate Act 1958 (No. 6191).

Criminal Law - Sentence - Appeal against - Concurrent sentences - Youth Training centre - Imprisonment - No power to order concurrent sentences - Community Welfare Services Act 1970 (No. 8089), s190.

Criminal Law - Sentence - Youth - Young person - Sentence of imprisonments unexpired - Subsequent sentence to a youth training centre - s166, s167, s168, s169, s173, s177, s190 Social Welfare Act (Now the Community Welfare Act) (Ed CLIRS).

Companies - Sale of "time-shares" - Whether the sale of a "time-share" includes the sale of an interest in an asset of a business undertaking - Whether "dealing in securities" - "Securities" includes any interest as defined in s76 of the Companies Act 1961 - Meaning of "interest" - "interest" very widely defined in s76 - Companies Act 1961 (No. 6839), s76, s81, s379 - Securities Industry Act 1975 (No. 8788), s12, s33, s125.

Damages - Damages for personal injury - Hospital expenses - Motor accident victim - Assessment on basis of actual charge and not nominal or no charge - Hospitals and Charities Act 1958 (No 6274), s70(1), s70(1A), s70(2).

Evidence - Expert witnesses - Requisite proof of causal link between act and injury - Predisposition to injury.

Personal injuries - Causation - Requisite proof of causal link between act and injury - Predisposition to injury - Expert evidence.

Companies - Application by receivers for directions - Company indebted both under debenture and to Crown for sales tax - Floating charge - Crystallization - Statutory notices served requiring company debtors to pay sales tax - Payments made thereunder - Assets held by receivers - Whether Crown entitled to priority - Costs charges and expenses of receivers - Jurisdiction to make orders and give directions - Facts uncertain - Sales Tax Assessment Act (No. 1) 1930 (Cth.), s38 - Companies Act 1961 (No. 6839), s188(3), s196, s292.

Sales tax - Statutory interpretation - Notices requiring company debtors to pay sales tax - Effect - No statutory charge or lien in favour of Crown created - Whether sales tax "due" etc. - Obligation to pay "the money" to be ascertained at time of payment - Payments not authorized - Crown not entitled to priority over debenture holder - Sales Tax Assessment Act (No. 1) 1930 (Cth.), s38.

Practice and procedure - Self-executing order for supplementary affidavit of documents - Default in delivering affidavit within the time limited - Order by Judge for interlocutory judgment on counterclaim - Whether self-executing order should have been made - Whether defects in form or content of supplementary affidavit - Power of appellate court to set aside or vary orders made by single judge if injustice results - Whether plaintiff suffered an injustice - Rules of the Supreme Court, O.58, r12(2); O.54, r16(6).

Town and country planning - Application for permit to build "Healing Home" - Land subject to Planning Scheme and IDO - Application for permit refused - Appeal to Town Planning Appeals Tribunal - Permit granted by Tribunal - Order nisi to review - Standing - Whether a committee can apply for a permit - Extent of discretionary power of Tribunal - Whether Tribunal acting ultra vires - Whether Supreme Court can amend notice of application - Whether a "Healing Home" is an orphanage or similar charitable institution or guest house - Powers of expert tribunal - Town and Country Planning Act 1961 (No. 6849), s18(1), s18(1C), s19(1), s21(1), s21A(1), s22B(3), s24(1) - Magistrates Courts Act 1971 (No. 8184) PtXI - Rules of the Supreme Court, O.64, r6.

Licensing - Sale of liquor - No licence or permit held by party organizer - Whether intention to profit a necessary prerequisite for sale of liquor - Criteria suggesting sale of liquor - Examples of "gentlemen's agreements" which are not sales - Magistrates' Courts Act 1971 (No. 8184), PtXI - Liquor Control Act (No. 7695), s114.

Criminal law - Abduction of a girl under 18 years with intent to have carnal knowledge - Crime of strict liability - Honest and reasonable mistake as to consent of a guardian is not a defence - Crimes Act 1958 (No.6231), s59.

Insurance - Fire - Reinstatement - Person interested - Vendor and purchaser - Payment by purchasers of balance of purchase moneys - Whether insurance company's obligations extinguished - Whether vendor's claim to indemnification extinguished - Supreme Court Act 1958 (No.6387), s67 - Transfer of Land Act 1958 (No.6399), Seventh Schedule Table "A" Conditions 9, 10, 11.

Legal practitioners - Solicitor - Practising certificate - Cancelled by Law Institute following misconduct - Application for renewal of certificate as employee solicitor refused by Solicitors Disciplinary Tribunal - Whether discretion miscarried.

Costs - Appeal costs fund - Appeal compromised before hearing - Judgment entered by consent for appellant - Whether respondent entitled to indemnity certificate - Appeal Costs Fund Act 1964 (No. 7117), s13.

Criminal law - Wounding with intent to commit murder - Effect of use of excessive force in self-defence - Whether provocation a defence - Exercise of power to substitute verdict - Crimes Act 1958 (No. 6231), s11(1), s569(2)

Administrative law - Small Claims Tribunal - Prohibition - Whether claim under insurance policy is a "small claim" - Whether a contract of insurance is a contract for the provision of services - Whether a claim under an insurance policy arises out of a contract for the provision of services - Whether writ of prohibition should lie against the Tribunal - Whether the Tribunal had jurisdiction to hear a claim arising from an insurance policy - Whether an adjournment should be permitted to enable application for order nisi for prohibition if Tribunal finds that it has jurisdiction - Constitution of Tribunal and role of Registrar - Small Claims Tribunal Act 1973 (No. 8486), s2(1), s17 and s23.

Criminal law - Evidence - Identification - Dangers in relying on evidence of identification - Adequacy of judge's warning as to acceptance of identification evidence.

Criminal law - Evidence of identification - Not unfairly or improperly obtained - Whether discretion to exclude - Whether discretion properly exercised.

Criminal law - Appeal - Co-accused - unsworn statements made by each - Probative value thereof - "Statement of facts" - Whether admissible against the other - Whether direction of trial judge proper - Evidence Act 1958 (No. 6246), s25.

Criminal law - Obtaining property by deception - Element of offence imported by the word "dishonestly" - "Dishonestly" used in a special sense - Crimes Act 1958 (No. 6231) s81(1).

Criminal law - Bail - Recognizance - Appeal - Power to grant bail - Judge of Supreme Court is a Justice of the Peace - Jurisdiction to grant bail - Bail Act (No.9008), s4(2)(b) - Magistrates' Courts Act 1971 (No.8184), s17, s75(1)(b), s75(1)(c) and s75(1)(e)(iii).

Damages - Negligence - Mitigation of loss - Personal injuries - Refusal of plaintiff to undergo surgical treatment - Onus of proof that refusal to have an operation unreasonable - Whether test of reasonableness objective or subjective - Whether test requires consideration of matters personal to the plaintiff - Whether appeal court bound by trial Judge's findings of fact.

Practice and procedure - Notice given of appeal on question of damages - Costs taxed and judgment paid - Whether appeal precluded by "approbation and reprobation", "election" or estoppel.

Appeal - Whether appeal court bound by trial Judge's findings of fact - Rules of Supreme Court, O.58, r4.

Companies - Winding up - Liquidator seeking to avoid payments allegedly made by company to creditors - Preference - Whether provisions of s122 of Bankruptcy Act attracted - Debt to subsidiary company acknowledged in deed and discharge of other liabilities provided for - Construction - Whether debt deferred - Liquidator's proofs - Records of company relied on - Whether authenticated - Hearsay - Proof that company unable to pay its debts - Result of liquidator's examination of company's financial position received - Companies Act 1961 (No.6839), s293 - Evidence Act 1958 (No.6246), s58A-58J - Bankruptcy Act 1966 (Cth.), s122

Evidence - Proof by liquidator that payments made by company - Proof by liquidator that company unable to pay its debts - Reliance on company's records - Records authenticated - Presumption that liquidator obtained company's financial records - Hearsay - Statutory exception - Result of liquidator's examination of company's financial position admissible - Evidence Act 1958 (No.6246), s58A-58J.

Town and country planning - Subdivision - Power of responsible authority to permit subdivision - Whether land "comprised a separate tenement" - Melbourne and Metropolitan Planning Scheme Ordinance CL20C.

Town and country planning - Power of responsible authority to permit use of land for purposes of detached house - Melbourne and Metropolitan Planning Scheme Ordinance CL11A, CL11B and table to CL7.

Criminal law - Negligently causing grievous bodily injury - Meaning of "negligently" - Direction to jury - Degree of negligence required - Crimes Act 1958 (No. 6231), s26, s318(2)(b).

Criminal law - Procedure - Plea bargaining - Discussion in open court of possible sentence before arraignment and plea.

Criminal law - Procedure - Appeal against sentence - Prior indication by judge of possible sentence - Sentence in accordance with indication - Whether Crown may appeal - Whether accused may seek leave to appeal.

Criminal law - Accessory after the fact of a felony - Misprision of a felony - Elements of offences - Allegations in presentment - Onus on Crown to prove allegations.

Land - Easement - Plaintiff bought land without knowledge of notice to treat stating intention of the State Electricity Commission to acquire easement - Notice to treat later endorsed on certificate of title - Whether statutory notification to Registrar of Titles in appropriate form - Whether Registrar had carried out his statutory duty to make an appropriate endorsement on certificate of title - Nature, purposes and functions of rights sought to be acquired by notice to treat - Whether the rights were proprietary, or "land" or constituted a common law easement - Transfer of Land Act 1958 (No. 6399), s4, s42(1), s57, s110 - Land Compensation Act 1958 (No. 6286), s9 and s11B(1) - State Electricity Commission Act 1958 (No. 6377), s103.

Town and country planning - Advertising signs exhibited by retail store - Whether advertising of shop and wares were activities associated with business of the shop - Prior lawful user - Onus of proof - Town and Country Planning Act 1961 (No. 6849) - City of Waverley Interim Development Order 1968 - Melbourne Metropolitan Planning Scheme Ordinance, CL7(3)(a).

Public Trustee - "Infirm person" - "Protected person" - "Patient" - "Committee or otherwise for the care, protection and management of person and estate of patient" - Public Trustee Act 1958 (No. 6350), s39(a), s39(b), s66, s67 - Mental Health Act 1959 (No. 6605), s15(2), s87(6).

Criminal law - Order to attend at attendance centre - Alleged breach of order - Warrant of apprehension - Whether offender should be given notice of intention to cancel attendance order - Whether hearing or right to legal representation should be afforded to offender - Inadmissibility of hearsay evidence - Failure to comply with rules or regulations - Onus of proof - Powers of superintendent of attendance centre - Magistrates' Court Act 1971 (No. 8184), PtXI - Community Welfare Services Act 1970 (No. 8089), s145E, s203(w) - Community Welfare (Attendance Centre) Regulations 1976, reg236(a).

Criminal law - Theft - Dishonestly obtaining property by deception - Meaning of "dishonest" and "dishonestly" - Crimes Act 1958 (No. 6231), s74, s81.

Will - Construction - Misdescription by name of intended beneficiary - Gift to non-existing person - Testator's intention to benefit living person - Admission of extrinsic evidence of testator's knowledge and surrounding circumstances.

Contract - Illegality - Admissibility of extrinsic evidence to prove illegality - Distinction between contracts illegal by statute and contracts illegal at common law - Distinction between illegal contracts and void contracts - Severability of terms of contract - Tests of severability - Hire purchase commission--Hire-Purchase Act 1959 (No. 6531), s29, s39.

Companies - Liquidation - Foreign land held on trust - Whether Court has jurisdiction to advise and direct liquidator.

Jurisdiction - Foreign land held in trust by company in liquidation - Legal ownership by Victorian company in liquidation.

Land - Foreign - Jurisdiction of Court when held on trust by company in liquidation.

Trust and trustee - Company owning foreign land on trust - Company in liquidation - Whether Court has jurisdiction to advise and direct liquidator.

Administrative Law - Teachers Tribunal - Regulations concerning teachers' salaries - Tribunal procedure - Approved teachers' associations - Parliamentary disallowance of Tribunal determination - Ministerial request for Tribunal to stay operation of determination - Review of Tribunal decision to make regulation - Purpose of regulation - Power to make regulations operating retrospectively - Tribunal powers similar to industrial arbitration powers - Power of Tribunal to make, rescind and to change operation of a regulation - Power of parliament to disallow a regulation - Natural justice - Whether fair opportunity of making representations afforded - Rules of natural justice apply to proceedings of Tribunal - Tribunal decision affecting rights - Arbitral role of Tribunal - "Person affected" - Discretion to quash regulation in the interests of justice - Administrative Law Act 1978 (No. 9234), s2, s3 - Acts Interpretation Act 1958 (No. 6189), s4(2), s7(2), s7(4)(a), s30(3) - Labour and Industry Act 1958 (No. 6283), s34(2), s45(2), s45B - Teaching Service Act 1958 (No. 6391), s3, s4, s4(2), s5, s5A, s15(5), s17, s18, s23, s28, s35, s43, s44, s45, s46(4), s48(6), s55C, s58(1)(i), s58(2), s58(3), s58(4) and Teaching Service (Teachers Tribunal) Regulations.

Consumer protection - Market court - "Unfair conduct" - Whether conduct prior to commencement of Market Court Act included - Market Court Act 1978 (No. 9196), s7(2), s16, s17

Statute - Interpretation - Retrospective legislation - Whether subsequent legislation intended to be retrospective - Whether rights of party affected or whether antecedent facts used as base for indicating present fitness.

Evidence - Market court - Whether rules of evidence applicable in matter before Market Court Act 1978 (No. 9196), s10, s11, s13.

Town and country planning - Application to responsible authority for permit to use premises as coffee lounge - Alteration of condition relating to user attached to permit - Whether responsible authority lacked jurisdiction and acted ultra vires - Permitted user differing from user applied for - Procedural amendment to statute - Amendment construed as retrospectively operating - Discretion to refuse to make order absolute - Whether ambiguous condition in permit severable - Magistrates' Courts Act 1971 (No. 8184), PtXI, s93 - Acts Interpretation Act 1958 (No. 6189), s7(2)(c), s7(2)(e) - Town and Country Planning Act 1961 (No. 6849), as amended by Town and Country Planning (General Amendment) Act 1980 (No. 9364), s18, s18B, s22B(3).

Town and country planning - Application for permit to subdivide land - Rural landscape interest zone - Planning Scheme - Permit for specified uses or purposes - Criteria for granting permit - No prior resolution by responsible authority - Failure or refusal to grant permits - Appeal to Tribunal - Order nisi to review Tribunal's determination - Town and Country Planning Act 1961 (No. 6849), s18, s21(4H), s22(2).

Companies - Liquidation - Creditors - Whether Commissioner of Taxation a creditor by virtue of delivery of notice of assessment - Whether necessary to deliver formal proofs of debt - Whether income tax assessment constitutes proof of debt - Proof of debt not yet admitted by liquidator - Whether liquidator entitled to seek particulars - Whether liquidator bound to summon meeting of creditors - Companies Act 1961, s259 - Income Tax Assessment Act 1936 (Cth.) s177.

Income Tax - Notice of assessment of company tax issued - Objections against assessment - Company in voluntary liquidation - Whether Commissioner of Taxation a creditor - Whether delivery of notice of assessment a proof of debt - Companies Act 1961, s259 - Income Tax Assessment Act 1936 (Cth.) s177.

Crimes compensation - Murder of mother - Application by child for award for nervous shock - Applicant not present at scene of crime - Meaning of words "injury" and "victim" - Common law principles regarding liability and damages not applicable - Appeal from decision of Crimes Compensation Tribunal - Administrative Law Act 1978 (No. 9234) - Criminal Injuries Compensation Act 1972 (No. 8359), s2, s3, s10(2), s14, s15, s17, s18(2), s19, s21(1), s22, s23.

Limitation of actions - Application for extension of period within which action must be brought - Negligence - Breach of statutory duty - Injury due to exposure to asbestos dust - Whether actual evidence to establish cause of action must be adduced - Admissibility of evidence - Use of law reports to establish existence of actual evidence - Limitation of Actions Act 1958 (No. 6295), s23A - Harmful Gases, Vapours, Fumes, Mists, Smokes and Dusts Regulations 1945.

Practice and procedure - Appeal to the Full Court - Tendering regulations on appeal - Whether regulations were part of material before Court below - Reception of further evidence on appeal - "Interlocutory application" - Whether leave necessary to receive regulations - Rules of the Supreme Court, O.58, r4.

Criminal law - Unlawful and malicious wounding - Allegation of inconsistent verdicts - "Transferred malice" in respect of assault occasioning actual bodily harm - Crimes Act 1958 (No. 6231), s19.

Probate duty - Death duties - Debt payable by instalments subject to right of lender or assignee to give notice demanding repayment in full - lender dying without having demanded repayment or assigned debt - Value of debt for duty - Whether face value of debt or actuarial value of debt at date of death - Whether "disposition" of property - Whether benefit conferred by giving, making or suffering a release - Whether "benefit which accrues...by operation of any agreement" - Probate Duty Act 1962, s4(1), s4(2)(a), s7(1)(b), s7(d)(i), s7(j) and s8(1)(a)(i).

Medical practitioner - Removal from register - Appeal - Form of rehearing required - Practice - Evidence - Admissibility of evidence before Board and reasons for decision - "Infamous conduct in a professional respect" - Essential elements - Moral turpitude not required - Whether conduct reprehensible, disgraceful, shameful or dishonourable - Standard of proof - Repeated prescribing of certain toxic drugs - Prior complaint by Health Commission with respect to Mandrax inquired into - Whether plea of res judicata applicable - Whether Medical Board court of competent jurisdiction for purposes of doctrine - Penalty - Medical Practitioners Act 1970 (No 8061), s11, s16, s17 - Rules of the Supreme Court, O 59, r2.

Estoppel - Whether Medical Board court of competent jurisdiction for purposes plea of res judicata - Previous inquiry by Board into complaint by Health of Commission - Subsequent inquiry by Board concerning "infamous conduct" - Whether res judicata applied - Parties must be the same - Doctrine may not be used to shut out genuine subject of litigation - Doctrine may be departed from in special circumstances - Medical Practitioners Act 1970 (No 8061), s16, s17.

Insurance - Whether insurance consultant acting as agent of insurer, or broker for insured, or agent for insured - Whether insurer authorized consultant to collect premiums from insured - Whether insurer held out to insured that consultant authorized to act as agent for insurer - Usage and custom of insurers.

Administrative law - Greyhound Racing Control Board - Board improperly constituted - Legal representation - Denial of natural justice - Board as prosecutor - Denial of fair hearing - Bias - Damages - Racing Act 1958 (No 6393) PtIII - Rules of Greyhound Racing Control Board (Revised 1973), r142.

Criminal Law - Firearms - Unlicensed person in possession of firearm - Meaning of "custody" of "control" contained in statutory definition of "possession" - Statutory presumption of factum of possession - Inference of mens rea from circumstances surrounding location of firearm and accused's knowledge of its presence - Firearms Act 1958 (No 6251), s22AA(1), s23(2), s32(2)(a) and s40(1).

Contract - Money lent - Terms in writing - Loan acknowledged and "repayable on demand" - Construction - Whether loan repayable instanter and without demand - Date of accrual of cause of action - Proof of loan - Evidence Act 1958 (No. 6246), s55 .

Limitation of actions - When cause of action for money lent accrues - Money "repayable on demand" - Construction of written terms - No demand necessary - Cause of action commences instanter upon making of loan.

Stamp duty - Whether document an unstamped "promissory note" and inadmissible - Written acknowledgment of receipt of loan "repayable on demand" - Not a promise to pay within meaning of Act - Stamps Act 1946 (No. 5204), s41.

Practice and procedure - Land - Writ of fi. fa. - Judgment against registered proprietor - Sale of land postponed - Writ expired - Application to renew writ - Transfer of Land Act 1958 (No. 6399), s52 - Rules of the Supreme Court, 0 8, r1; 0 42, r20; 0 64, r6.