Patent - Extension of term - Inadequate remuneration - First patent claiming inter alia, compound X and salts thereof - Later patent specifically claiming X - Whether later patent valid - No adequate remuneration of patent - Whether invalid patent can be extended - Meaning of "exceptional case meriting extension of up to 10 years - Form of extension - Grant of new new for seven years - Patents Act 1952 (Cth), s90, s93, s94.

Patent - Extension of term - Inadequate remuneration - Matters to be considered for extending patent - Invention highly beneficial to public - Relevance of future profits and cost savings to the public - More than adequate foreign remuneration - Grant of new patent for 10 years - Patents Act 1952 (Cth), s90, s93, s94.

Patent - Extension of term - Inadequate remuneration - Extension sought after expiry of petition - Locus standi of petitioner - Whether right to apply for extension is assignable - Meaning of "patentee" - New grant for 10 years - Patents Act 1952 (Cth.), s6, s21, s23, s90, s93, s94.

Criminal law - Trafficking - Accused's record disclosed to juror - Bias of juror - Summonsing juror to testify before Full Court - Failure of defence to call witnesses - Whether trial Judge's direction to jury adequate.

Landlord and tenant - Payment of rental to lessor's agent - Termination of agent's authority - Payment of rental to agent despite termination of authority - Acceptance by lessor of rental from agent - Whether agency by estoppel - Whether ratification of agent's actions by lessor.

Principal and Agent - Lessor appointing agent to receive rental - Termination of agent's authority - Payment of rental to agent despite termination of authority - Acceptance by lessor of rental from agent - Whether agency by estoppel - Whether ratification of agent's actions by lessor.

Option - Lease containing option to purchase - Option specifying price and providing for payment of deposit - Option silent on period over which balance of purchase price was to be paid - Whether option void for uncertainty - Whether option capable of rectification - Whether option validly exercised.

Criminal law - Presentment - Joinder of counts - Five murders - Whether sufficient nexus or feature of similarity between the offences - Discretion of court to order separate trials - Crimes Act 1958 (No. 6231), s372(3), Sch. 6 (Presentment Rules), r2.

Testator's family maintenance - Application by divorced wife for provision out of estate of former husband - Application by former wife for property settlement pending before Family Court at date of testator's death - Whether former wife "entitled to receive payments of...maintenance" - Whether former wife "widow" - Administration and Probate Act 1958 (No. 6191), s91.

Practice and procedure - Third party - Claim for contribution - Service by third party of notice of contribution upon another third party - Service by third party of notice of contribution upon a defendant other than the defendant who had claimed against him - Service by third party of notice of contribution upon defendant who had claimed against him - Whether counterclaim appropriate proceeding by third party against defendant who had claimed against him - Wrongs Act 1958 (No. 6420), s24 - Rules of the Supreme Court, O.16A.

Motor vehicles - Motor Accidents Board - Eligibility for compensation - Collisions by cyclists with parked cars - Whether motor car in use - Whether injury caused by or arising out of the "use...of a motor car" - Motor Accidents Act 1973 (No. 8429), s13(2)(a), s30, s40(4), s40(5).

Practice and procedure - Appeal to Supreme Court from Motor Accidents Tribunal - Necessity to adapt order to review procedure.

Pay-roll Tax - Exemption - "Religious institution" - Whether body propagating scientology a "religious institution" - Whether scientology a "religion" - Pay-roll Tax Act 1971 (No. 8154), s10 - Psychological Practices Act 1965 (No. 7355), s2, s30, s31, s32. .

Public Policy - Body propagating "scientology" - Objects and activity of body unlawful - Asserted rights for an exemption from pay-roll tax arising from unlawful acts - Rights not enforceable - Psychological Practices Act 1965 (No. 7355), s2, s30, s31, s32 - Pay-roll Tax Act 1971 (No. 8154), s10 - Marriage Act 1961 (Cth.), s26, s29, s32. .

Evidence - Expert Evidence - Whether admissible to determine the meaning and application of an Act of Parliament.

Criminal law - Dishonestly receiving stolen car parts - "Possession" - Inferences to be drawn from evidence - Circumstantial evidence - Doctrine of recent possession - Crimes Act 1958 (No. 6231), s88(1), s568.

Tort - Action for damages for assault and battery - Whether contributory negligence available - Wrongs Act 1958 (No. 6420), s25.

Motor traffic - Death or injury caused by use of motor vehicle - Owner or driver cannot after strict inquiry and search be found - Meaning of "inquiry and search" - Notice to authorized insurer of intention to claim - Failure to give notice - Motor Car Act 1958 (No. 6325), s48(1).

Criminal law - Appeal against conviction on ground that verdict was unsafe or unsatisfying - Role of appellate court in reviewing a trial which has been properly conducted.

Insurance - Fire policy - Reinstatement - Dwelling damaged by fire - Combined damage by fire and by termites, borer and dry rot necessitating demolition of dwelling - Liability of the insurer under reinstatement clause - Indemnity for rental pending reinstatement.

Unincorporated Associations - Trust for the members for the time being of the Association - Whether trust void for uncertainty - Whether trust infringes the rule against perpetuities.

Unincorporated Associations - Dissolution - Acquiescence of members in dissolution - Distribution of assets on dissolution.

Administrative law - Prerogative writs - Professional disciplinary tribunals - Pharmacy Board - Disciplinary charges - Adequacy of notice of charges - Particulars of charges - Whether prohibition lies against Board - Pharmacists Act 1974 (No. 8593), s18.

Practice and procedure - Documents as to which a question may arise in an action - Documents held by person not a party to the action - Order for preservation - Whether order would go against a person not a party to the action - Discretion of the Court - Whether order for inspection prior to trial would be made - Rules of the Supreme Court, O.50, r3.

Criminal law - Appeal - Evidence on visual identification - Nature of warning to be given - Approach to be taken in determining adequacy of direction - Evidence of flight - Circumstantial evidence - Drawing of inferences - Nature of directions to be given.

Administrative law - Public servant - Disciplinary charges - Suspension - Validity of charges - Prerequisites for valid charges - Public Service Act 1974 (No. 8656), s60.

Administrative law - Prerogative writs - Permanent head of Government department - Duty to act judicially when hearing charges preferred by him - Public Service Act 1974 (No. 8656), s63.

Criminal law - Motor traffic - Blood alcohol level in excess of .05 per centum - Certificate indicating reading of .07 per centum - Expert evidence that breathalyzer instrument capable of overestimation - Whether burden of proof on prosecution discharged - Legal and evidentiary burden of proof - Motor Car Act 1958 (No. 6325), Seventh Schedule.

Criminal law - Accused presented for trial on numerous counts involving different offences relating to commercial fraud - Case involving complex issues of fact - Refusal of trial Judge to sever the presentment - Whether offences constituted a series of offences of the same or a similar character - Evidence adduced at trial too complex to justify all counts being tried together - Crimes Act 1958 (No. 6231), Sixth Schedule, r2, s372(3).

Criminal law - Evidence - Whether diary notes kept by bank managers containing records of hearsay entries admissible as books of account - Evidence Act 1958 (No. 6246), s58A, s58B.

Criminal law - Trial Judge's charge - Meaning of the word "fraudulently" - Submission by counsel that no redirection could redress errors in charge - Responsibility of counsel to submit to the trial Judge any criticisms of the charge - Crimes Act 1958 (No. 6231), s166.

Companies - Winding up - Bills of costs and charges - Taxation - Amounts in excess of $1000 - Whether liquidator has a discretion not to have taxed bills in excess of $1000 - Supreme Court (Companies) Rules 1962, r110, r117.

Liquor licensing - Application for a transfer of retail bottled liquor licence - Determination by single member of Liquor Control Commission - Appeal to Full Commission - Whether appeal to be conducted as a hearing de novo - Right to be heard on appeal - Right to seek issue of summons to produce Appeal - Liquor Control Act 1968 (No. 7695), s10, s11, s13.

Administrative law - Prerogative writ - Mandamus - Discretion to refuse to issue.

Sale of land - Land tax - Adjustment on settlement - Basis for apportionment Land becoming exempt from land tax after settlement - Transfer of Land Act 1958 - (No 6399), Seventh Schedule, Table A, condition 9 - Land Tax (No 6289), s8(1) and s9(1)(ga).

Criminal law - Address to jury - Accused giving different accounts of facts in unsworn statements from dock from those given to police - What use jury may make of such differences.

Negligence - Duty of care - Standard of care - Duty of driver of vehicle towing trailer to guard against risk of starting roadside fire - Standard of care required of owner of trailer in servicing trailer - Foreseeability that defect in trailer would cause wheel to detach and cause fire in roadside grass - Foreseeability that fire would destroy property - Contributory negligence - Standard of care required of property owner to guard against fire.

Insurance - Motor vehicle - Trailer - Whether defective trailer a "motor vehicle" within meaning of exclusion clause - Construction of clause.

Contract - Work and labour - Substantial performance of work - Defective work - Whether contractor entitled to stipulated price subject to reduction - Function of court reviewing decision of tribunal of fact.

Practice and procedure - Commercial causes list - Application to enter action out of time - Whether "special circumstance" - Rules of the Supreme Court, Ch. II O.14, r3.

Companies - Winding up - Debenture - Floating charge created within six months of commencement of winding up - Whether monies advanced were "cash paid to the company" at the time of creating the charge - Companies Act 1961 (6839), s294.

Local government - Rates - Rates imposed by Melbourne and Metropolitan Board of Works - Rates giving effect to incorrect municipal valuation - Minimum rates greater than maximum rates - Whether minimum rates valid - Melbourne and Metropolitan Board of Works Act 1958 (No. 6310), s98, s99, s175, s218, s239B - Local Government Act 1958 (No. 6299), s255(5).

Crown lands - Crown lease - Whether Crown lessee may sublet leased land - Whether sub-lease registrable under Transfer of Land Act 1958 - Construction of Act - Transfer of Land Act 1958, s4, s8, s28, s29, s33, s35, s66 to s71, Eleventh Schedule.

Practice and procedure - Court summons for directions - Jurisdiction - Whether summons issued in action "for damages for or arising out of bodily injury" - Solicitor sued for alleged negligence in failing to prosecute personal injury claims - Actions arising out of alleged professional negligence or alleged breach of contract - Summons dismissed - Rules of the Supreme Court, O.35, r1, r3.

Administrative Law - Locus standi - "Person who feels aggrieved" - Objector to grant or amendment of licence - Environment Protection Act 1970 (No. 8056), s20, s20A, s32(5).

Liquor licensing - Application for retail bottled liquor licence - Right of person whose application is not yet heard to be heard in earlier application of another person - Power of Liquor Control Commission in carrying out its functions - Power of Commission to regulate its procedures - Liquor Control Act 1968, s3, s10(4), s52, s54, s55.

Practice and procedure - Commercial cause - Document recording agreement to dissolve partnership between solicitors - Whether mercantile document - Meaning of commercial cause - Rules of the Supreme Court, Ch. II, O.14, r1.

Legal practitioners - Admission to practise as a barrister and solicitor of the Supreme Court - Application by candidate for admission to be exempted from taking the oath of allegiance - Legal Profession Practice Act 1958 (No. 6291), s5(2).

Sale of land - Rents and profits - Construction of contract - Late payment of residue of purchase price - Whether purchaser or vendor entitled to rents and profits between acceptance of title and payment of the purchase money.

Legal practitioners - Admission to practise as a barrister and solicitor of the Supreme Court - Application by candidate to be excused from taking the oath of allegiance - Appeal - Legal Profession Practice Act 1958 (No. 6291), s5(2).

Stamp duty - Deed of settlement or gift - Transfer of land - Transferee acting as trustee of unit trust already established - Transfer"...in consideration of the transferee being entitled in equity..." - Stamps Act 1958 (No. 6875), s24(1), s87(1), Heading IX of the Third Schedule.

Trusts and trustees - Transfer of land to trustee of unit trust already established - One of series of instruments subjecting land to trusts - Consideration necessary for establishing trusts.

Criminal law - Murder - Provocation - Characteristics with which "the ordinary man" is to be invested.

Industrial law - Conciliation and Arbitration Boards - Industrial Relations Commission - Powers of - Dismissal of employee - Question of reinstatement - Whether industrial matter - Whether subject of industrial dispute - Whether within jurisdiction of Boards and Commission - Industrial Relations Act 1979 (No. 9365), s3(1), s12(2), s34(1), s44(4).

Industrial law - Industrial dispute - Definition of - Subject matter of, whether limited to terms and conditions of employment - Industrial Relations Act 1979 (No. 9365), s3(1).

Death duty - Probate duty - Assessment - Final balance - Computation of duty - Whether costs of obtaining probate an allowable deduction - Jurisdiction to challenge assessment - Probate Duty Act 1962 (No. 6890), s4(1), s6, s10(1).

Practice and procedure - Jury action in County Court - Damages for personal injuries - Mention by counsel in final address of range of figures for general damages after Judge had made remarks to jury on the point - Propriety of the practice.

Mistake - Money paid under a mistake of fact - Payment by bank of cheque overlooking countermand by customer - Whether money recoverable from payee.

Banking - Banker paying cheque mistakenly overlooking countermand by customer - Whether money paid under mistake of fact.

Landlord and tenant - Landlord re-entering and requesting tenant to remove his goods remaining on the premises after determination of tenancy - Duty of care owed to tenant in relation to the goods - Whether landlord entitled to remove the goods from the premises - Whether landlord required to give notice to tenant prior to removing the goods.

Administrative law - Statutory order for review - Persons and bodies amenable - Duty to give reasons - "Tribunal" - Commissioner of Pay-roll Tax - Whether Commissioner bound to accord natural justice before making an assessment - Administrative Law Act 1978 (No 9234), s2, s8 - Pay-roll Tax Act (No. 8154), s18.

Administrative law - Natural justice - Duty to accord - Displacement of statutory scheme - Pay-roll Tax Act 1971 (No 8154), s18, s32, s33.

Health - Caravan park - Whether common lodging-house - Health Act 1958 (No 6270), s3.

Statute - Interpretation - Meaning of "common lodging-house" - Health 1958 Act (No 6270), s3 - Acts Interpretation Act 1958 (No 6189), s17.

Criminal law - Privilege against self-incrimination - Out of court admissions - Admissions by conduct in absence of caution - Selective answers to Police

Companies - Receiver and manager - Whether appointment terminates employment contracts - Receiver and manager's obligation to pay wages, long service and retrenchment payments - Whether retrenchment payments are wages in respect of services rendered - Companies (Victoria) Code 1982, s5, s331, s441.

Companies - Investigation - Failure by officer of company to answer questions put by inspector - Whether privilege against self-incrimination available - Sufficiency of material before Court - Companies Act 1961, s170, s174(3), s175.

Evidence - Privilege against self-incrimination - Scope of privilege - Risk of incrimination in foreign jurisdiction.

Companies - Winding up - Company trading as trustee - Trust property - Trustee going into liquidation - Liquidator's costs charges and expenses - Whether liquidator required to be a trust creditor to recoup his costs charges and expenses - Companies Act 1961 (No 6839), s224(2), s233(2), s237(3), s292(1)(a).

Trusts - Corporate trustee - Trust property - Trustee's rights of subrogation - Whether trustee's rights of subrogation available for the benefit of creditors generally in the case of a trading trust - Companies Act 1961 (No. 6839), s224(2), s233(2), s237(3), s247(3), s292(1)(a).

Legal practitioners - Solicitor - Negligence - Failure to discharge duties under retainer with skill and care - Whether liable in contract and tort.

Public Trustee - Protected person - Public Trustee seeking Court's advice - Enduring power of attorney executed by protected person - Validity - Whether management by Public Trustee of protected person's estate affected - Enduring power of attorney void - Public Trustee Act 1958 (No 6350), s48A, s54H, s54I - Instruments Act 1958 (No 6279), as enacted by Instruments (Enduring Powers of Attorney) Act 1981 (No 9691), s114, s115, s116, s117, s118 schedule 13.

Health - Offences - Sale of adulterated food - Division for purpose of analysis - Method of division - Purchase of three packets of dates - Whether division by allocation of whole packets sufficient - Whether each packet representative of other - Health Act 1958 (No 6270), s281.

Criminal law - Culpable driving - Application for leave to appeal against conviction before applicant sentenced - Jurisdiction to hear appeal - Meaning of person convicted - Crimes Act 1958 (No 6231), s567.

Practice and procedure - County Court - Jurisdiction - Action by two plaintiffs - Jurisdiction of Court where aggregate of claims exceed $25,000 - Statutory interpretation - County Court Act 1958 (No 6230), s3, s37(1) - County Court Rules 1979, 06, r1.

Administrative law - Revocation of licence - Curtailment of term of licence - Natural justice - Opportunity to be heard - Commissioner of Business Franchises - Business Franchise (Tobacco) Act 1974 (No 8597), s9(4).

Administrative law - "Tribunal" - Commissioner of Business Franchises - Administrative Law Act 1978 (No 9234), s2.

Magistrates - Notice of special defence - Special defence raised at hearing - Consent not obtained - Error of magistrate in permitting special defence to be raised - Magistrates (Summary Proceedings) Act 1975 (No.8731), s90(1),(2).

Contract - Illegality - Contract not ex facie illegal - Whether contract prohibited by statute - Contract of employment - Contract causing child not to attend school - Enforceability of contract - Education Act 1958 (No. 6240), s53.

Criminal law - Involuntary manslaughter - Whether to be left to jury on trial for murder.

Criminal law - "Suicide pact" - Defence of honest and reasonable mistake - Honest and reasonable mistake as to existence of suicide pact - Crimes Act 1958 (No 6231), s6B.

Landlord and tenant - Rent review clause - Appointment of valuer by lessor - Whether appointment should be notified to lessee - Circumstances vitiating valuation.

Contract - Implied agreement - Common intention - Promissory estoppel - Estoppel by conduct - Waiver.

Motor vehicles - Motor Accidents Board - Assessment of compensation - Whether proceeds of insurance policy should be taken into account in assessing compensation -- Motor Accidents Act 1973(No.8429), s25(5).

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.

Animals - Cruelty to - Liability of statutory authorities - Victorian Railways Board - Immunity from prosecution - Acts of servants - Knowledge of Board - Protection of Animals Act 1966 (No 7432), s4.

Crown - Statutory authority - Victorian Railways Board - Whether acting as the Crown - Railways Act 1958 (No 6355), s4, s5, s71, s72, s75, s77, s79, s83, s100, s101, s119, s147, s179, s199, s200.

Insurance - Fire insurance - Damage by fire - Indemnity - Whether measure of indemnity is diminution in market value or cost of reinstatement- Principles applicable.

Companies - Substantial shareholding - Relevant interest - Notice - Put and call option agreements - Whether requirement of notice obviated by agreements - Mental element required to sustain offence - Aiding and abetting - Companies Act 1961, s6A, s69C, s69D, s69E, s69L, s69M.

Administrative law - Statutory order for review - Persons and bodies amenable Workers Compensation Board - Whether "court of law" - Whether interim award is a "decision" - Administrative Law Act 1978 (No 9234), s2, s3.

Workers compensation - Weekly payments - Cessation by employer - "Actual return to work" - Voluntary activities - Worker's right to restoration of weekly payments - Workers Compensation Act 1958 (No 6419), s9, CL7(1)(a).

Insurance - Motor vehicle- Non-disclosure - Material facts known to insured but not to insured's agent - Whether insured bound to disclose.

Magistrates - Third party proceedings - Defence raised at hearing by third party - Whether notice of such defence should be given to defendant before evidence is taken - Magistrates (Summary Proceedings) Act 1975(No 8731), s9A, s9A, s9D, s9E, s78(2) - Magistrates' Court Rules, r78.

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 - Whether evidence admissible to determine sufficiency of indorsement - Rules of the Supreme Court, O.3, r1.

Infant - Children's Court - Care and protection application - Exclusive jurisdiction of Children's Court - Power to place child with some respectable person - Meaning of "respectable person" - Reference to such person in order - Community Welfare services Act 1970 (No 8089), s31, s32, s33 -Children's Court Act 1973 (No 8477), s16, s22.

Infant - Custody - Wardship - Care and control - Considerations for making order - Desirability of placing infant under care and control of Director-General of Social Welfare in certain circumstances - Community Welfare Services Act 1970 (No 8089), s32(4) - Children's Court Act 1973 (No 8477), s22(4)(b).

Criminal law - Search warrant - Validity - Information required to justify issue - Degree of particularity required - Whether search and seizure reasonable - Crimes Act 1914(Cth), s10, s86(1)(b) and s86(1)(e) - Sales Tax Assessment Act (No 1) 1930 (Cth), s49.

Practice and procedure - Service of writ out of jurisdiction - Application to set aside service of writ - Place of payment of debt where contract silent - Forum non conveniens - Service and Execution of Process Act 1901 (Cth), s11(1)(c).

Contract - Place of payment - No express provision in contract.