Crown lands - Licence - Statutory requirements for creation - Land Act 1958 (No. 6284), s12, s134(1)(f), s138(1)(h)

Crown lands - Licence - Promise to grant exclusive filling rights on land if other land filled and levelled - Other land filled and levelled - Whether exclusive licence created - Whether equity raised - Whether statutory requirements for creation of licence must be observed - Land Act 1958 (No. 6284), s12, s134(1)(f), s138(1)(h).

Motor vehicle - Meaning of "drive" - Motor Car Act 1958 (No. 6325) s28, s81, s81A.

Negligence - Occupier's liability - Duty of care - Trespasser - Onus of proof Person accompanying thief on farm - Occupier unaware of that person's presence - Trespasser shot by occupier - Trespass to the person.

Criminal law - Bail - Nature of evidence which may be taken into account Bail Act 1977 (No.9008), s8.

Criminal law - Evidence - Illegally obtained evidence - Discretion to exclude Admissibility of tape recordings of conversations - Nature of "prison" for purpose of Magistrates (Summary Proceedings) Act 1975 (No.8731), s68(1) and remand warrants issued pursuant thereto -Listening Devices Act 1969 (No.7804), s4, s7 - Telecommunications (Interception) Act 1979 (Cth.), s6, s7(6).

Criminal law - Murder - Joint trial of co accused - Application for separate trials - Discretion of judge to order separate trials - Duress - Admissibility of evidence of violent propensity by one co-accused against another.

Criminal law - Mens rea - Statutory offence - Defence of honest and reasonable mistake of fact.

Motor vehicles - Use in contravention of terms of a special permit - Whether defence of honest and reasonable mistake of fact available - Motor Car Act 1958 (No.6325), s35.

Criminal law - Manslaughter - Defence of self-defence - Requirement that the accused's belief be "reasonable" - Unlawful and dangerous act manslaughter - Objective nature of test - Firearms Act 1958 (No. 6251), s29D.

Practice and procedure - Writ of fi. fa. - Expiry - Application for renewal - Grounds for refusal - Rules of the Supreme Court, O.42, r20; O.64, r6 Practice and procedure - Writs of fi. fa. and venditioni exponas - Relationship - Rules of Supreme Court, O.42, r20; O.43, r2.

Criminal law - Bail - Power of the Supreme Court to grant bail - Bail Act 1977 (No.9008) - Magistrates' Courts Act 1971 (No. 8184), s75.

Practice and procedure - Action on dishonoured cheque - Summary procedure under Instruments Act 1958 - Action against several defendants failing to specify which was the drawer - Summary judgment not available in the action - Instruments Act 1958 (No. 6279), s4.

Criminal law - Sentence - Attendance centres - Procedure to be followed by sentencing courts before making an attendance centre order - Penalties and Sentences Act 1981 (No. 9554), s36(1).

Criminal law - Forfeiture of bail - Application to vary or rescind order - Principles governing exercise of discretion - Crown Proceedings Act 1958 (No. 6232), s5 - Bail Act 1977 (No. 9008), s31.

Mortgage - Mortgagee's statutory power of sale - Sale by mortgagee - Requirement to act "in good faith and having regard to the interests of the mortgagor" - Subjective element of good faith and objective standard of reasonableness of conduct required - Sale not exercised bona fide and having regard to the mortgagor's interests - Best possible price not obtained - Reserve price disclosed - Transfer of Land Act 1958 (No. 6399), s3(1), s77.

Insurance - Disability policy - Accident - Injury - Dominant and effective cause - Meaning of "caused by accident...and resulting directly and independently of all other causes in loss".

Environment protection - "Causing atmosphere to be polluted" - Company manufacturing superphosphate - Storing sulphur in pit - Atmosphere polluted by fire in pit - Not part of company's trade to burn sulphur - Cause of fire not ascertained or proven - Whether company caused atmosphere to be polluted - Whether discharge occurred "in the course of" company's trade - Environment Protection Act 1970 (No. 8056), s4, s41(1), s63(2).

Companies - Scheme of arrangement - Power of court to order meetings of classes of creditors - Creditors with different types of interest - Whether appropriate to order that they constitute a separate class - Companies (Victoria) Code (No. 9712), s315.

Stamp duty - Mortgage - Execution of instrument outside Victoria - Whether "relating to...any matter or thing...to be done in Victoria..." - Stamps Act 1958 (No. 6875), s17(4).

Practice and procedure - Third party - Self-executing order - Failure to comply - Appeal against order - Grounds of appeal.

Practice and procedure - Interlocutory order - Self-executing order - Application to Full Court for leave to appeal - Principles upon which leave is granted.

Hire purchase - Agreement - Defect in title of "owner" - Repossession by true owner - Rescission of agreement by hirer - Subsequent acquisition of title by lessor - Total failure of consideration - Implied terms as to title and possession - Fundamental breach.

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, s175.

Evidence - Privilege against self-incrimination - Scope of privilege - Sufficiency of material before Court.

Insurance - Public liability insurance - Condition requiring insured to take reasonable precautions to prevent bodily injury - Condition taking effect as a condition precedent - Construction of condition - Insured aware of dangerous nature of its premises - Whether onus of proof of compliance with the condition precedent satisfied.

Practice and procedure - Common defence filed by solicitor acting for two defendants - Whether defendants entitled to appear by separate counsel - Counsel at trial instructed by separate solicitors - Liability of each defendant in issue - Separate interests.

Legal practitioners - Whether two defendants entitled to appear by separate counsel - Common defence filed by solicitor acting for both defendants - Counsel at trial instructed by separate solicitors - Liability of each defendant in issue - Separate interests.

Practice and procedure - Writ of summons under the Instruments Act 1958 - Application for leave to appear and defend - Time - Instruments Act 1958 (No. 6279), s4, Second Schedule - Rules of the Supreme Court, O.64, r8.

Practice and procedure - Writ of summons under the Instruments Act 1958 - Grant of leave to appear and defend - Application to set aside - Time - Rules of the Supreme Court, O.70, r2.

Police - Discipline - Internal investigation of suspected disciplinary offences - Privilege against self-incrimination - Police Regulations, reg95A(7).

Contract - Terms of settlement - Whether sufficient accord - Form of payment - Proffering of non-legal tender - Effect of failure of recipient to object to form of tender.

Practice and procedure - Public Trustee - Protected person - Relationship between Public Trustee and protected person - Sale of land on behalf of protected person - Purchasers suing protected person and Public Trustee - Whether Public Trustee properly joined - Public Trustee Act 1958 (No. 6350), s49, s50, s53, s54H and s61 - Rules of the County Court, O.8, r3 and r6.

Industrial law - "Industrial Matter" - Industrial Relations Commission - Award requiring notification and consultation on technological change - Validity of award - Industrial Relations Act 1979 (No. 9365), s34(1).

Criminal law - Reference by Attorney-General - Theft - Submission of no case to answer - Circumstantial evidence - Test to be applied by trial Judge - Crimes Act 1958 (No. 6231), s450A.

Criminal law - Conspiracy - Evidence consistent with conspiracies other than that charged - Cross-examination as to prior convictions - Crimes Act 1958 (No. 6231), s399.

Insurance - Brokers and agents - Custom and usage - Insurer in liquidation - Obligation to accept net premium in satisfaction of policyholder's liability - Obligation conditional upon payment within terms of trade - Failure to pay - Repudiation - Waiver.

Insurance - Brokers and agents - Custom and usage - Whether commission component of premium held by insurer upon trust for broker.

Easement - Right of way - Abandonment - Non-user - Intention of owner of dominant tenement - Alternative means of access.

Criminal law - Murder - Self-defence - Circumstances in which self-defence should be left to jury - Unsworn statements.

Criminal law - Murder - Provocation - Acts of provocation by person other than victim - Mistaken belief that victim has provided provocation.

Crown - Liability for breach of statutory duty - "Permit" a crane to be used - Lifts and Cranes Act 1967 (No. 7629), s14(1) - Crown Proceedings Act 1958 (No. 6231), s23.

Contract - Terms of settlement - Oral agreement - Accord executory - Discrepancy between terms of oral agreement and written confirmation of those terms - Effect - Enforceability of accord - Discretion.

Contract - Terms of settlement - Obligations imposed on third parties - Effect - Enforceability of accord by motion in the action.

Courts - Precedent - Interpretation of Commonwealth statute by State courts - Whether Full Court should follow decision of Full Court of another State directly in point.

Criminal law - Mens rea - Statutory offence - Whether proof of mens rea necessary - Customs Act 1901 (Cth.), s233B(1)(b).

Criminal law - Trafficking in a drug of addiction - Sentencing - Trial judge's view of facts - Standard of proof required.

Companies - Debenture - Assignment of present and future book debts - Whether fixed or floating charge - Priorities - Companies (Victoria) Code, s5, s331, s441, s445, s538; Income Tax Assessment Act 1936, s221C, s221P.

Companies - "Entitlement to" shares - Agreement to create pre-emptive rights to purchase shares - Whether enforceable - "Relevant interest" - "Associate" - Companies (Acquisition of Shares) (Victoria) Code - s7, s9, s11.

Sale of land - Condition in contract providing that purchaser entitled to possession and rents and profits upon acceptance of title and payment of purchase money - Late payment of residue of purchase money - Effect of condition - Whether vendor entitled to rents and profits and interest between acceptance of title and payment of purchase money.

Criminal law - Arrest - Validity - Whether unlawful trespass on property of third party affects validity of subsequent arrest - Whether maxim "every man's home is his castle" affords protection and to whom - Crimes Act 1958 (No. 6231), s458, s459A.

Trespass - Police officers - Whether implied licence to enter private property to effect an arrest - Whether maxim "every man's home is his castle" affords protection and to whom - Crimes Act 1958 (No. 6231), s458, s459A.

Administrative law - Statutory tribunal - Estate Agents Board - Application for grant of an estate agent's licence - Eligibility to apply for a licence - "Hearing" - Whether eligibility should be determined at, or prior to, hearing of application for grant of a licence - Consideration by the Board - Matters proper to be taken into account - "Qualifications" - Estate Agents Act 1980 (No. 9428), s14, s21.

Criminal law - Evidence - Identification - Whether proper exercise of discretion to exclude - Duty of trial judge to direct an acquittal in identification cases.

Evidence - Identification - Whether proper excercise of discretion to exclude - Duty of trial judge to direct an acquittal in identification cases.

Patents - Appeal from refusal to grant patent application - Purported withdrawal of opposition - Appeal allowed - Judgment not entered - Application by Commissioner of Patents to set aside judgment to enable Commissioner to reconsider intervention upon appeal - Applicable principles - Patents Act 1952 (Cth.), s60(5), s149.

Companies - Debenture - Floating charge - Provision that charge should become fixed on default - Default by company - Subsequent creation of fixed charge over present and future book debts - Appointment of receiver under first charge - Time of crystallization of floating charge - Whether "control" of property in book debts passed to receivers - Priority - Whether Commissioner of Taxation entitled to be paid group tax in priority to remuneration of receiver and debt of debenture holder - Income Tax Assessment Act 1936 (Cth.), s221P.