Criminal law - Identification - Adequacy of directions - Discretion to exclude evidence - Identification by sight, voice, photographs, identikit, and from dock - Attempted identification parade held by compulsion after accused's detention - Whether evidence unlawfully or improperly obtained - Police powers after detention.

Private international law - Action against foreign personal representatives - Cause of action in Victoria - Jurisdiction of Victorian court to entertain action - Rules of the Supreme Court O.12, r17 - Joinder of foreign defendants - Administration and Probate Act 1958 (No. 6191), s29.

Criminal law - Identification from newspaper photographs - No identification parade held - Accused previously known to police witnesses and another witness - Extent to which witness was qualified on basis of prior acquaintance to identify accused from newspaper photograph - Probative value of evidence of identification by recognition by police witness outweighing prejudice to jury - Photographs taken by security camera - Admissibility of evidence of out-of- court identification from newspaper photographs - Crimes Act 1958 (No. 6231), s568(1).

Criminal law - Sentence for life - Subsequent sentence - Appeal against subsequent sentence - Concurrent or cumulative with life sentence - Crimes Act 1958 (No. 6231), s3.

Criminal law - Rape - Whether husband can rape wife - Presumption of wife's consent to intercourse - Parties separated - Husband restrained from "molesting" wife by Family Court orders - Effect of orders - Sentencing - Minimum term - Family Law Act 1975 (Cth.), s114 - Crimes Act 1958 (No. 6231), s62(2) as amended by Crimes (Sexual Offences) Act 1980 (No. 9509) - Community Welfare Services Act 1970 (No. 8039), s190(2).

Family law - Non-molestation order - Whether such order prevented non-consensual sexual intercourse - Construction of statutory provision - Power to affect conjugal rights - Family Law Act 1975 (Cth.), s114.

Restraint of trade - Trade - Professional football player - Rules and regulations of Victorian Football League - Application for clearance - Residential tie - Refusal of clearance by football club - Whether restraint of trade - Whether reasonable - Whether League regulation void and illegal - Trade Practices Act 1974 (Cth.) PtIV.

Insurance - Householder's insurance - Proposal - Whether statement in proposal amounts to representation or warranty - Whether statement in proposal material in relation to risk of insurer under contract - Meaning of "inhabitant" - Whether dwelling inhabited during certain period - Instruments Act 1958 (No. 6279), s25.

Criminal law - Appeal - Inconsistency of verdicts - Corroboration - Evidence - Corroboration.

Criminal law - Murder - Reckless murder - Manslaughter - Inappropriate to leave to jury manslaughter by criminal negligence where facts manifestly capable of constituting manslaughter by dangerous and unlawful act.

Practice and procedure - Costs - Taxation - Pre-trial preparation fees of counsel - Calendar daily fees - Solicitor attending on counsel marking refresher - Appeal from taxing master - Cost of photocopying of unreported decisions.

Companies - Purchase of shares in a company - "Substantial shareholders" - Agreement to create pre-emptive rights to purchase shares - Agent authorized to acquire shares - Request for extension of time to give notice of "substantial shareholding" - Appeal against refusal of Commissioner of Corporate Affairs to extend time - Awareness of change in relevant interest in voting shares - Obligation to give company notice under Companies Act 1961 PtIV, Div. 3A - Power of Commissioner to extend time beyond statutory limit - Companies Act 1961 (No. 6839), s6A, s12(6), s69C, s69D, s69E, s69J, s69K, s366(4); Rules of the Supreme Court Ch V; Companies Rules r52, r54, r55; Rules of the Supreme Court Ch 1, O. 54A.

Constitutional law - Jurisdiction - State boundary - Boundary between Victoria and New South Wales - Whole watercourse of River Murray - Whether offence against Water Act committed in Victoria.

Water and Watercourses - State boundary - Boundary between Victoria and New South Wales - Whole watercourse of River Murray - Water Act 1958 (No. 6413) - Imperial Statutes 13 and 14 Vict. c.39,18 and 19 Vict. c.54.

Criminal law - Murder - Provocation - Ordinary man - Self-induced intoxication - Whether "ordinary man" includes man affected by alcohol.

Town and country planning - Application to responsible authority for permit to use and develop premises as "service premises" - Appeal to Town Planning Appeals Tribunal following refusal of permit "service premises" - "take away premises" - Whether proposed user conformed to more than one of "service premises" categories - Literal or purposive approach - Town and Country Planning Act 1961 (No. 9364), s19, s19A, s21, s21A, s22B - Melbourne and Metropolitan Board of Works Planning Scheme Ordinance, CL7 - Magistrates' Courts Act 1971 (No. 8184), PtXI.

Town and country planning - Application to responsible authority for permit to subdivide land - Land subject to existing Interim Development Order - Appeal to Tribunal following refusal of permit - Proposed new development order not in force - Permit granted by Tribunal - Magistrates' Courts Act 1971 (No. 8184) PtXI - Town and Country Planning Act 1961 (No. 6849) as amended by Town and Country Planning (General Amendment) Act 1979 (No. 9364), s17(1A), s17(1AA), s17(3), s17(4), s21(1), s22B(3).

Contempt of court - Publication - Prejudice to fair trial or administration of justice - Standard of proof - Intention to prejudice - Knowledge of prejudice - Newspaper - Liability of proprietor, editor, and printer and publisher.

Magistrates - Powers of arrest - Resisting arrest - Dismissal of primary charge not render arrest unlawful - Belief of arresting officers - Crimes Act 1958 (No. 6231), s458(1), s461(1), s462.

Practice and procedure - Orders nisi to review - Sufficiency of material.

Practice and procedure - Answers to interrogatories - Answers given under cover of objection - Whether answer should be received in evidence where objection disallowed - Consequences of objection - Rules of the Supreme Court, O 31.

Negligence - Duty of care - Solicitor - Negligence in execution of will - Liability to intended beneficiaries.

Landlord and tenant - Lease - Construction of rent review clause - Proviso capable of operating as a covenant.

Criminal law - Applications to discharge jury - Applications refused - Whether trial judge erred in exercise of discretion - Bias felt by juror - Intimidation indicated by juror - Communication by juror with tipstaff - Role and duties of tipstaff.

Criminal law - Drug of addiction - Certificates of analyst and botanist - Certificates served outside Victoria - Whether certificates admissible - Poisons Act 1962 (No. 6889), s56.

Evidence - Admissions - Admissions as to matters of expertise - Whether of probative value.

Practice and procedure - Attorney-General's claim to Crown immunity from answering interrogatories - Objection taken after unsworn affidavit of documents and discovery given without intimation of objection - Whether Attorney-General has waived Crown's immunity - Action in equity.

Magistrates - Order nisi to review - Appeal from order of Chief Commissioner of Police - Compulsory suspension of driving licences - Motor Car Act 1958 (No. 6325), s27B(1) and s27G.

Courts - Practice and procedure - Grounds of appeal. Road Transport - Motor Car - Demerits Register - Compulsory suspension - "Licences held by that person to drive a motor car".

Legal practitioners - Conveyancing transaction for client as purchaser of property not completed with client's concurrence - Bill of costs rendered for lump sum without specifying item remuneration - Whether bill in taxable form - Whether bill enforceable by solicitor - Supreme Court Act 1958 (No. 6387), s81 - Solicitors' Remuneration Order 1976.

Administrative law - Health Commission - Refusal by Health Commission to approve private hospital - Review of refusal by County Court judge - Nature and scope of Review - Whether review a rehearing de novo - Health Act 1958 (No. 6270), s182 and s387.

Criminal law - Evidence - Drugs - Possession of drug prima facie evidence of having drug for purpose of trafficking - Whether evidence of trafficking required for conviction for trafficking - Poisons Act 1962 (No. 6889), s32(2), s32(5).

Road traffic - Collision involving parked vehicle on highway - Action in negligence and nuisance - Whether jury should be asked separate question concerning nuisance

Contract - "Undue influence" - Uncertainty - Agreement between solicitor and client - Solicitor also director of client company - Legal costs reduced for percentage of profit - No advice sought by or given to client - Whether independent advice required - Public policy - Whether absolute rules rendering contract void or unenforceable.

Legal practitioners - Solicitor - Director of client company - Whether presumption, that client did not act of own free will, was rebutted - Agreement between solicitor and client to take percentage of profit and reduce legal fees - Uncertainty - Separate advice not obtained - Public policy - Whether absolute rules rendering contract void or unenforceable - Duties of solicitor.

Criminal law - Manslaughter - Defence of self-defence - Evidence - Deceased's prior convictions - Evidence of belief of accused.

Limitation of actions - Money due under contract of sale - Defence relying on parol evidence of purchaser - Death of purchaser - Administratrix of purchaser's estate substituted as defendant - Dismissal of action for want of prosecution - New writ issued - Whether findings of "rare and exceptional circumstances" - Action struck out as abuse of process - Whether court had inherent jurisdiction - Limitation of Actions Act 1958 (No. 6295).

Damages - Sale of motor vehicle - Motor vehicle warranted by vendor as registered and insured - Collision causing personal injuries involving the motor vehicle which was unregistered and uninsured - Claim by purchaser of motor vehicle for indemnity or contribution from vendor - Payment by Incorporated Nominal Defendant to the third party insurer of purchaser in settlement of prospective statutory liability - No right of subrogation - Whether loss suffered by purchaser - Shifting burden of introducing evidence of loss or damage - Motor Car Act 1958 (No. 6325), s50 and s53.

Administrative law - Natural justice - "Legitimate expectation" - Whether expiry of time limit for instituting prosecution without ministerial consent amounts to acquisition of legitimate expectation of not being prosecuted - Meaning of "decision" and "tribunal" - Administrative Law Act 1978 (No. 9234), s2 and s3 - Companies Act 1961 (No. 6839), s381(2).

Companies - Offences - Natural justice - Expiry of time limit for instituting prosecution without ministerial consent - Whether Minister to notify proposed defendant prior to consenting to bring action after expiry of time limit - Companies Act 1961 (No. 6839), s381(2).

Bankruptcy - Sale of land on terms - Subsequent bankruptcy of one of purchasers - Vendor's notice of intention to rescind not served on Official Receiver - Whether Official Receiver a "purchaser" - Whether contract of sale adopted by Official Receiver - Whether a notice of rescission should have been served on Official Receiver - Relevance of vendors' knowledge of purchaser's bankruptcy - Bankruptcy Act 1966 (Cth.), s58(1), s133(1) and s133(6) - Transfer of Land Act 1958 (No. 6399), s48 and s58(1), Seventh Schedule, Table A, CL6, CL7, CL12 and CL13.

Administrative law - Locus standi - individuals including mayor, some councillors and ratepayers seeking to restrain municipality from allegedly ultra vires sale of land - Suit not maintainable unless Attorney-General joins.

Companies - Notice of change of registered office not lodged - No change in registered office - Estoppel - Doctrine may apply in winding up proceedings.

Limitation of action - Leave to bring action for damage to crop affected by aerial spraying - Failure to give statutory notice - Whether occasioned by "mistake", "any other reasonable cause", or whether the prospective defendant was not "materially prejudiced in his defence or otherwise" - Prejudice must relate to failure to give notice - Whether just to grant leave to bring action - Application to "Judge" - Statutory provisions considered - Aerial Spraying Control Act 1966 (No. 7403), s4, s5, s7, s8, s10, s12(1)(a) and s12(1)(b), s12(2), s(4), s12(4A), s13(1) and s13(2).

Contract - Terms of Settlement - Accord and satisfaction - Promise to pay.

Criminal law - Sentence - Determination of date of commencement of sittings of Court - Commencement date of sentence - Community Welfare Services Act 1970 (No. 8089), s122.

Evidence - Board of Enquiry - Hearing in camera - Police officer's refusal to answer question concerning identity of a paid police informer - Whether witness had "lawful excuse" for refusal to answer - Meaning of "lawful excuse" - Whether witness compellable - Common law rule based on public policy considerations - Evidence Act 1958 (No. 6246), s14, s15, s16(b) s17, s19, s20.

Administration and Probate - Testator's family maintenance - Testator divorced - Question of maintenance for former wife reserved - Application by former wife - Whether former wife entitled to payments of maintenance - Meaning of "entitled" - Whether former wife a "widow" - Administration and Probate Act 1958 (No. 6191), s91.

Administration and Probate - Will - Personal representative not a party to proceedings - Application for costs from the estate - Whether rules of natural justice apply - Audi alteram partem - Whether opportunity for contrary submissions - Practice - Whether power to order costs to be paid out of the estate - Administration and Probate Act 1958 (No 6191), s61; RSC Ch I, O 16, r8, O.65, r14D, Ch III, O.1, r40.

Criminal law - Secret commission - "Corruptly" receiving - Crimes Act 1958 (No. 6231), s176(1).

Private international law - Action in Victoria for damages for personal injuries against insurer liable under New South Wales Act - Accident in Victoria - Whether accident justiciable in a Victorian court - Whether action tortious or contractual or "for a wrong" - Rule in Phillips v Eyre to be applied - Law applicable in determination of justiciability - Workers Compensation Act 1926-1957 (NSW) as amended, s7(1A), s64 - County Court Act 1958 (Vic.) (No.6230), s36, s37 and s76 - Commonwealth Constitution, s188 - State and Territorial Laws and Records Recognitions Act 1901-1973 (Cth.), s18.

Motor vehicles - Damages for personal injuries - Accident in Victoria - Action in Victoria against insurer under New South Wales Act - Whether action tortious or contractual or for a wrong - Whether action justiciable in Victorian court.

Practice and procedure - Appeal - Findings of fact of trial judge - Inferences which appeal court may draw from facts found at trial.

Contract - Cattle futures - Power of sale to resell contracts when margins not paid - Whether obligation to resell forthwith.

Criminal Law - Trafficking - Growing or possession of cannabis in commercial quantities not trafficking - Poisons Act 1962 (No. 6889), s32(1).

Workers compensation - Case stated - Worker injured whilst travelling after work to place where she intended to reside for night - Journey from place of employment recommenced after short interval at hotel - Whether worker travelling from place of employment - Whether worker travelling to place of residence - Workers Compensation Act 1958 (No. 6419), s8(2)(b)(i).

Practice and procedure - Industrial accident - Action for negligence - Indemnity sought by plaintiff for workers' compensation payments - Delivery by plaintiff of interrogatories for examination of defendant - Appeal from Master's order that defendant answer parts of interrogatory - Whether interrogatory was "fishing, vexatious, oppressive and irrelevant and not a matter proper for interrogation" - Answer to interrogatory required - Workers Compensation Act 1958 (No. 6419), s62(1)(b).

Magistrates - Order to review - Practice - Applicant not a party to proceedings in court below - Applicant not otherwise capable of being regarded as a "person who feels aggrieved" - Whether another person could be substituted as applicant after the time for obtaining an order nisi had expired - Magistrates' Courts Act 1971 (No. 8184), s88(1), s91.

Landlord and tenant - Rent review clause - Uncertainty - Implied term. Contract - Implied agreement - Common intention - Promissory estoppel - Estoppel by conduct.

Companies - Winding up - Practice - Summary application by liquidator for orders for examination of conduct of directors and for repayment of funds - Contingent claims by directors against third parties - Stay of proceedings - Whether liquidator should bring action against directors to enable joinder of third parties - Companies Act 1961. (No. 6839), s367B.

Practice and procedure - Trial of many actions - Actions of a highly complex and lengthy nature - Application to split cross-examination of principal witness between senior and junior counsel - Whether special circumstances to allow departure from established practice.

Practice and procedure - Payroll tax - Subpoena by accused to Commissioner of Payroll Tax for production of documents in course of criminal trial - Prohibition against disclosure of information "obtained" by Commissioner - Whether prohibition also relates to production of documents brought into existence by the Commissioner - Payroll Tax Act 1971 (No. 8154), s5(1).

Practice and procedure - Income tax - Subpoena to Deputy Commissioner of Taxation by accused to produce documents in course of criminal trial - Officer of department of Commissioner not required to divulge or communicate to any court any "matter or thing" coming under his notice in the performance of his duties - Whether includes production of documents in criminal proceedings - Income Tax Assessment Act 1936 (Cth.), s16(3).

Practice and procedure - Indorsement on writ claiming damages arising out of negligence - Whether indorsement sufficient to give notice of nature of claim and cause thereof - Defendant seeking to have writ set aside - Writ set aside - Limitation of actions - Plaintiff applying to amend indorsement after expiry of limitation period - Whether proposed amendment alleging new cause of action - Application refused - Rules of the Supreme Court, O. 3, r1; O.13, r11; O. 18(A), r5; O. 19, r4 and r10; O. 20, r2 and r3 - Limitation of Actions Act 1958 (No. 6295), s5(6).

Motor traffic - Action against nominal defendant - Notice of intention to make claim to be given within reasonable time after claimant knows identity of car cannot be established - Reasonable time - Belief of claimant as to inability to sue where name of driver not obtained or identity of car unknown not relevant.

Practice and procedure - Land - Writ of possession - Writ unexecuted for more than one year from its issue - Whether writ renewable - Whether second writ may be issued - Rules of the Supreme Court, O. 8, r1; O. 42, r20; O. 64, r6.

Sale of land - Contract rescinded by vendor for failure of purchaser to pay purchase moneys - Claim by vendor for possession of land - Whether purchaser may raise claim for unliquidated damages in answer to vendor's demand - Equitable set-off.

Practice and procedure - Summons for final judgment - Contract of sale of land rescinded by vendor for failure of purchaser to pay purchase moneys - Claim by vendor for possession of land - Cross-claim by purchaser for unliquidated damages - Equitable set-off.

Equity - Equitable set-off - Contract of sale of land rescinded by vendor for failure of purchaser to pay purchase moneys - Claim by vendor for possession of land - Whether purchaser may raise cross-claim for unliquidated damages in answer to vendor's demand - Whether cross-claim can be set off.

Practice and procedure - Vexatious litigant - Application for leave to set aside or revoke inhibiting order - Applicant not present when order made - Court not informed of applicant's poverty - No counsel assigned to applicant by Court - Statutory provisions enabling, not mandatory - Whether original proceedings invalid - Inherent power to set aside or revoke order - Supreme Court Act 1958 (No. 6387), s33.

Death duty - Probate duty - Notional estate - Interest-free loans to trustees of discretionary trusts - Loans repayable on demand given by the lender personally during his lifetime - Loans otherwise repayable by instalments - Death of lender without demand for repayment - Whether benefit accruing to any person on or after death - Value of benefit - Probate Duty Act 1962 (No. 6890), s8(1)(a).

Sale of land - Contract in form of 1964 copyright contract of sale - Failure by purchasers to pay balance of purchase moneys on due date - Whether request for payment by vendor caused time to cease to be of the essence - Notice of rescission under condition 5(2) - Whether effective - Subsequent notice of rescission - Whether subsequent notice discharged contract for purchasers' repudiation.

Motor vehicles - Motor Accidents Board - Payment of compensation - Assessment of quantum - Relevant factors - Whether assessment confined to loss of net receivable income consequent upon deprivation - Motor Accidents Act 1973 (No. 8429), s5, s26 and s27.

Practice and procedure - Appeal from Motor Accidents Tribunal where a question of law arises - Objection to competency - Motor Accidents Act 1973 (No. 8429), s40(4).

Building contracts - Provisional lump sum contract - Clause empowering engineer to alter rates in priced bill - Purpose of clause - Whether item of same description in original bill of quantities and in remeasured bill is "corresponding item" when different quantities billed.

Town and country planning - Permits to use three pieces of land for purpose of motel, petrol station and commercial centre respectively - Application for erection of sign on motel land to indicate commercial centre - Whether "advertising sign" - Whether commercial centre permit applied to motel land - Town and Country Planning Act 1961, s9(2)(a), Third Schedule - Melbourne and Metropolitan Planning Scheme Ordinance, CL4(4), CL7(3)(a), CL25A.

Industrial law - Conciliation and arbitration - Industrial dispute - Powers and duties of Laundry Conciliation and Arbitration Board - Whether condition precedent to Board's jurisdiction satisfied - Whether chairman satisfied that all persons interested in proceedings notified - Hearing dispute in absence of employer - Whether prohibition should issue - Industrial Relations Act 1979 (No. 9365), s3(1), s34, s37(1), s44 - Industrial Relations Regulations 1981, CL13, CL19.

Prerogative writs - Laundry Conciliation and Arbitration Board - Prohibition - Powers and duties of Board - Whether condition precedent to Board's jurisdiction satisfied - Whether chairman satisfied that all persons interested in proceedings notified - Hearing dispute in absence of employer - Whether prohibition should issue - Industrial Relations Act 1979 (No. 9365), s3(1), s34, s37(1), s44 - Industrial Relations Regulations 1981, CL13, CL19.

Real property - Strata title land comprising residential unit and accessory unit - Certificate of title for each unit - Equitable charge over land - Caveat lodged by chargee over residential unit but not over accessory unit - Sale of land - Competing equitable interests - Priority - Strata Titles Act 1967 (No. 7551), s7A, s8; Transfer of Land Act 1958 (No. 6399), s27, s28, s29, s89.

Criminal Law - Appeal - Co-accused - Evidence of bad character - Relevance and admissibility of evidence - Co-accused plea changed to guilty during trial - Discretion of trial Judge not to discharge jury - Review of discretion on appeal.

Practice and procedure - Action for damages for personal injuries - Particulars of loss of earning capacity - Action conducted on basis of particulars - Verdict in excess of particulars - Whether verdict sustainable - Rules of the Supreme Court, O 19, r5A.

Appeal - Action for damages for personal injuries - Particulars of loss of earning capacity - Action conducted on basis of particulars - Verdict in excess of particulars - Appeal against quantum of damages - Whether verdict sustainable - Whether appellant limited to particulars - Rules of the Supreme Court, O 19, r5A - Supreme Court Act 1958 (No 6387), s19A.

Infant Adoption of Children - Children admitted to care of Social Welfare Department - Children placed in foster family - Director-General guardian with sole custody of children - Application to Supreme Court to dispense with consent of mother and father of children - Application to Supreme Court that children be made wards of Court - Application seeking custody orders - Whether the applicants had "failed...to discharge the obligations of parents" pursuant to s29(1)(d) of the Adoption of Children Act 1964 - Whether "other special circumstances" existed for consent to be properly dispensed with - Meaning of expressions "without reasonable cause", "the obligations of a parent", "other special circumstances" - Inherent jurisdiction of Supreme Court to make custody order - Paramountcy of welfare and interests of children - Whether objective or subjective test of parental conduct to be applied - Exercise of discretion against making dispensing order - Adoption of Children Act 1964 (No 7147), s8, s29(1)(d), s29(1)(e); s29(2); Adoption of Children Rules 1965 Ch IV, r10, r23; Social Welfare Act 1970 (No 8089) as amended by Community Welfare Services Act 1978 (No 9248), s13, s31(h), s35, s36, s37(a), s40, s41; Supreme Court Act 1958 (No 6387), s64(4), s177; Rules of the Supreme Court Ch II, O 20.

Infant - Adoption of children - Wards of court - Children admitted to care of Department of Community Welfare Services - Director-General appointed the guardian with sole custody - Care and control of children placed with foster family - Mother and father granted access to the children - Application to Supreme Court to dispense with consent of mother and father of children - Whether applicants had "abandoned, deserted or persistently neglected or ill- treated" any of the children - Whether "other special circumstances" existed for consent to be properly dispensed with - Meaning of expressions "abandoned", "deserted", "persistent ill-treatment", "other special circumstances" - Paramountcy of welfare and interests of the children - Exercise of discretion to make dispensing order - Adoption of Children Act 1964 (No 7147), s29(1)(c), s29(1)(e), s29(2), Supreme Court Act 1958 (No 6387), s177.

Insurance - Public liability insurance - Condition requiring insured to take reasonable precautions to prevent bodily injury - Condition taking effect as a condition precedent - Onus of proof of compliance with condition precedent resting on insured once the matter was properly put in issue - Construction of conditions requiring the taking of reasonable precautions - Insured aware of the dangerous nature of its premises - Insured guilty of negligence but not reckless as to the existence of the danger - Whether onus of proof of compliance with the condition precedent satisfied - Rules of the Supreme Court, O 19, r14.

Negligence - Employer's duty of care - Employee injured at work - Subsequent safety measures and modifications introduced to work system - Whether jury should be directed that they were entitled to use modifications as evidence of safer system being available at time of accident.

Local government - Uniform Building Regulations - Building control - Application for permit to demolish buildings - Failure by council to grant permit - Whether council has discretion to refuse application - Whether council under an obligation to consider application and grant permit - Local Government Act 1958 (No 6299), s925 - Uniform Building Regulations, reg501, reg504.

Building control - Application for permit to demolish buildings - Failure by council to grant permit - Whether council has discretion to refuse application - Whether council under an obligation to consider application and grant permit - Local Government Act 1958 (No 6299), s925 - Uniform Building Regulations, regs. 501, 504.

Evidence - Witness - Privilege against self-incrimination - Refusal of witness to answer - Answer tending to incriminate - Evidence Act 1958 (No 6246), s29.

Coroner - Whether privilege against self-incrimination applies in proceedings in a Coroner's Court.

Practice and procedure - County Court - Damages awarded to plaintiff - Total of two payments into court exceeded amount of damages awarded - Whether interest calculated to date of second payment into court, or to date of order on claim - Meaning of "good cause to the contrary" - Appeal against judgment - Interest on judgment - Payment into court not to be disclosed until permitted by rules of court - Judge's discretion when informed of the payment in before interest allowed - Supreme Court Act 1958 (No 6387), s60, s79A - County Court Act 1958 (No 6230), s50, s76, s78 - Rules of the Supreme Court Ch 1, O 22, r1(5), r6A - Rules of the County Court 0 19, r1(6)6, r7(1).

Building contracts - Application for appointment of special referee - Application opposed - Where objection by one party special referee appointed only in exceptional circumstances - Whether complex issues of fact constitutes exceptional circumstances - Arbitration Act 1958 (No. 6200), s14.

Defamation - Qualified privilege - Fair comment - Libels contained in letters published in teachers' journal, union circular and minutes of union council - Libels published by members of union council - Publications critical of other members' conduct concerning stop-work resolution - Whether publications made on occasion of qualified privilege - Whether there was requisite duty and interest to publish - Whether publication in teachers' journal too wide - Whether statements fair comment on a matter of public interest.

Motor vehicles - Action against Incorporated Nominal Defendant - Notice to Minister stating date, time and circumstances of accident - Nominal defendant named by Minister - Statement of Claim alleging different date, time and circumstances of accident - Whether nominal defendant validly named in respect of claim - Interpretation of expression "in the circumstances" - Motor Car Act 1958 (No 6325), s49(1).

Sale of goods - title - Nemo dat quod non habet - Buyer in possession - Whether seller lawfully entitled to sell.

Practice and procedure - Payment into court - Leave to make further payment into court - Principles applicable for granting leave - Whether amendment to particulars of damage and order for new trial limited to issue of damages sufficient circumstances to grant leave - Rules of the County Court O.19, r1.

Legal practitioners - Solicitor briefed by firm of solicitors to appear exclusively as counsel in Magistrates' Court and paid solely as such - Whether solicitor is "counsel" for purposes of costs - Legal Profession Practice Act 1958 (No 6291), s5(1), s11 - Magistrates' Courts Rules 1980 (No 482), Third Schedule, PtI.

Costs - Solicitor appearing as counsel - Solicitor briefed by firm of solicitors to appear exclusively as counsel in Magistrates' Court and paid solely as such - Whether solicitor is "counsel" for purposes of costs - Magistrates' Courts Rules 1980 (No 482), Third Schedule, PtI - Legal Profession Practice Act 1958 (No 6291), s5(1), s11.

Magistrates - Solicitor engaged by firm of solicitors to appear in Magistrates' Court exclusively as counsel and paid solely as such - Whether solicitor is "counsel" for purposes of costs - Magistrates' Courts Rules 1980 (No 482), Third Schedule, PtI - Legal Profession Practice Act 1958 (No 6291), s5(1), s11.

Limitation of action - Application for extension of time within which to institute action for damages for personal injuries against personal representative of deceased driver - Ignorance of death of driver until more than three years after cause of action accrued not material - Limitation of Actions Act 1958 (No. 6295), s23A - Administration and Probate Act 1948 (No. 6191), s29(3).

Administration and Probate - Motion for leave to withdraw renunciation - Court's discretion - Whether retraction should be for the benefit of the estate or those interested under the will - Administration and Probate Act 1958 (No.6191), s16(2).

Practice and procedure - Administration and Probate - Execution and filing of retraction following grant of leave to withdraw renunciation of probate - Application for probate following filing of retraction - Contents of affidavit in support of application for probate - Memorandum of subsequent probate - Probate and Administration Rules, r17.

Practice and procedure - Third party proceedings - Defendant in personal injuries action joining insurer as third party - Whether liability of third party can be determined prior to trial of action - Power to order separate trials of plaintiff's claim against defendant and defendant's claim against third party - Power to make declaration of liability of third party before defendant's liability is established - Purpose of third party proceedings - Rules of the Supreme Court, O.16(A), O.25, r5.

Practice and procedure - Masters - Whether masters members of the Supreme Court - Jurisdiction of masters - Power to invoke inherent jurisdiction of the Court - Constitution Act 1975 (No. 8570), s75 - Rules of the Supreme Court, O.54, r14.

Practice and procedure - Self-executing order for payment of outstanding costs - Default in payment of costs - Whether self-executing order should have been made - Whether judgment entered in default should be set aside - Whether plaintiff suffered an injustice.

Negligence - Duty of care - Manufacturer's liability - Inherently dangerous objects - Motorized lawn-mowers.

Practice and procedure - County Court - Summons - Application to extend time for service - Enlargement of time to make application - Relevant considerations - Rules of the County Court, O.3, r1(b); O.51, r1.

Payroll tax - Wages - Beauty consultant - Engaged under agreement providing that consultant is independent contractor and not employee - Remuneration by commission - Whether consultant "employee as such" - Pay-roll Tax Act 1971 (No. 8154), s3(1), s7.

Employer and employee - Payroll tax - Wages - Beauty consultant - Engaged under agreement providing that consultant is independent contractor and not employee - Remuneration by commission - Whether consultant "employee as such" - Pay-roll Tax Act 1971 (No. 8154), s3(1), s7.

Criminal law - Sentence - Applicant sentenced to term of imprisonment with permission to serve at attendance centre - Permission cancelled and additional sentence imposed on application by an officer of the Department of Community Welfare Services - Whether Minister had approved assignment to officer of function of Director-General - Presumption of regularity - Community Welfare Services Act 1970 (No. 8089), s10(2).

Evidence - Presumption of regularity - Applicant sentenced to term of imprisonment with permission to serve same at attendance centre - Permission cancelled and additional sentence imposed on application by an officer of the Department of Community Welfare Services - Whether Minister had approved assignment to officer of function of Director-General - Community Welfare Services Act 1970 (No. 8089), s10(2).

Death duty - Probate duty - Deductions for gifts for "religious purposes in Victoria" and "missionary activities" outside Victoria - Devise to religious society for its "purposes" - Devise capable of application outside Victoria but not confined to "missionary activities" - Whether deduction allowable - Probate Duty Act 1962 (No. 6890), s21.

Criminal law - Rape - Procedure - Preliminary examination - Whether prescribed period elapsed - Time when accused "charged with any offence" - Statutory interpretation - Technical legal meaning to be given to words - "Special circumstances" warranting later fixation of period - Magistrates (Summary Proceedings) Act 1975 (No.8731), s47A, r(8), r(9).

Magistrates - Order nisi to review - Power to amend ground - Altered ground determined - Magistrates' Courts Act 1971 (No.8184), s91.

Criminal law - Evidence - False account given in court by accused - Adequacy of direction to jury - Probative value - Inference of consciousness of guilt.

Criminal law - Appeal against convictions for receiving - Alternative counts of theft and receiving - Whether verdicts of guilty on receiving charges inconsistent with acquittals on theft charges - Whether it is a defence to a charge of handling that goods were received in the course of stealing - Crimes Act 1958 (No. 6231), s88(1).

Insurance - Brokers and agents - Liability of brokers and agents to insurer for unpaid premiums - Authority of broker or agent to receive return premium on cancellation of policy - Liability of brokers and agents to repay return commission on cancellation of policy - Treasurer directing insurer to cease carrying on business - Direction complied with - Insurer unable to perform obligations under policies - Whether contracts of insurance repudiated - Insurance Act 1973 (Cth.), s62.

Contract - Insurance policy - Treasurer directing insurer to cease carrying on business - Insurer ceasing to carry on business - Insurer unable to perform obligations under policies - Whether contracts of insurance repudiated.

Criminal law - Appeal - Right of Crown prosecutor to second address - Counsel for accused dismissed - Accused unrepresented - Practice in respect of second address by Crown prosecutor - Crimes Act 1958 (Nos. 6231 and 8870), s417(1).

Mortgage - Land under the Transfer of Land Act 1958 - Default by mortgagor - Notice by mortgagor of intention to repay - Whether six months rule applicable - Whether reasonable notice should be given - Transfer of Land Act 1958 (No.6399), s81(1).

Practice and procedure - Renewal of writ - Discretion of court - Relevant considerations - Action statute barred if writ not renewed - Alternative remedy to plaintiff against his solicitor - Long and unexplained delay in serving writ - Rules of the Supreme Court O. 8, r1.

Practice and procedure - Costs - Payments into court - Notice of second payment received on day before hearing - Payments in exceeding amount recovered - Whether "special cause" entitling plaintiff to costs of whole hearing - Rules of the Supreme Court, O.22, r6, r6A.

Limitation of action - Application for extension of period within which action may be brought - Whether material facts known to applicant - Whether applicant took reasonable steps to ascertain material facts - Exercise of court's discretion - Limitation of Actions Act 1958 (No. 6295), s23A.

Limitation of action - Infant - Application by infant for extension of period within which action may be brought - Whether applicant should establish that his claimed cause of action will succeed - Whether it is sufficient if there is evidence on which the claimed cause of action can be established at trial - Limitation of Actions Act 1958 (No. 6295), s23A.

Tort - Negligence - Duty of care - Infant plaintiff unborn and not conceived at time of negligent conduct affecting mother's blood condition - Negligent conduct having serious effects on health of infant subsequently conceived - Whether duty of care owed to infant - Whether such question should be determined on an application under s23A of the Limitation of Actions Act 1958.

Criminal law - Evidence - Evidence of prior criminal history - Evidence adduced by cross-examination without leave inadmissible - Effect of accused's solicitor not objecting - Effect of accused's solicitor declining invitation to have jury discharged - Crimes Act 1958 (No. 6231), s399(5) and s399(6).

Mortgage - Interpretation - "Amount secured" - Whether an "all obligations" mortgage secured assigned debts and liabilities.

Companies - Debenture - Interpretation - "Amount secured" - Whether an "all obligations" debenture secured assigned debts and liabilities.

Guarantee - Surety - Money due by guarantor upon demand in writing being given to the principal debtor - Demand addressed to debtor company and served on two of its directors - Whether demand to principal debtor sufficiently served - Demand posted to guarantor and returned undelivered - Further demand posted to guarantor and received by him - Whether demand to guarantor sufficiently served - Presumption of regularity applying in absence of direct evidence that demand to principal debtor served before demand to guarantor - Guarantee providing for a certificate by creditor to be conclusive evidence - Effect of such certificate - Guarantee entered into in Victoria in respect of obligations of debtor trading in Papua New Guinea - Proper law of the guarantee Victorian law.

Evidence - Guarantee - Provision in guarantee that a statement by proper officer of lender conclusive evidence of matters contained therein - Effect of provision.

Private international law - Guarantee - Guarantee executed by a Victorian resident in Victoria in respect of advances made by a Papua New Guinean bank to a company trading in Papua New Guinea - Proper law of guarantee.

Town and country planning - Compensation for reservation of land under interim development order - Whether right to compensation confined to first occasion on which entitlement to compensation arose - Whether a prior right to compensation barred a present claim - Whether right to compensation extends to land adjoining the reserved land - Date for calculation of compensation - Town and Country Planning Act 1961 (No. 6849), s41, s42 - Valuation of Land Act 1960 (No. 6653), s29.

Criminal law - Motor vehicle - Driving whilst blood alcohol exceeding .05 per centum - Breathalyzer - Whether imprint on breath analyzing instrument complied with gazetted notice of approval tendered at hearing - Whether lack of punctuation in imprint on instrument was of significance - Whether Victoria Government Gazette notice described a "type" of apparatus - Magistrates' Courts Act 1971 (No. 8184), PtXI - Motor Car Act 1958 (No. 6325), s80F, s81A.

Criminal law - Obtaining financial advantage by deception - Meaning of financial advantage - Whether valueless cheque proffered by "penniless" debtor constitutes gain of financial advantage - Crimes Act 1958 (No. 6231), s82(1).

Road traffic - Motor vehicles - Accident on highway - Duties of "the person driving the motor car" - Interpretation - Damage to parked car caused by another car previously parked and left by driver - Particulars not reported - No offence committed - Knowledge of collision - Motor Car Act 1958 (No. 6325), s80(1).