Practice and procedure - Masters - Jurisdiction of Masters - Power to invoke inherent jurisdiction of the Court - Power to make self-executing orders - Power to dismiss action for want of prosecution - Constitution Act 1975 (No. 8570), s75, s85 - Rules of the Supreme Court, O.30, O.54, r14.

Practice and procedure - Summons for directions - Purpose of - Whether directions could be given by self-executing order - Failure to comply with order to pay costs - Power to dismiss action for want of prosecution for failure to comply with order - Extent of power to dismiss action for want of prosecution - Certainty of self-executing orders - Rules of the Supreme Court, O.30.

Landlord and tenant - Rent review clause - Meaning of "reasonable rent" - Industrial premises specially built to tenant's requirements - Limited demand for building in open market - Premises having special value to tenant - Whether "reasonable rent" means "market rent" - Factors to be taken into account in construing the expression "reasonable rent" - Assessment of reasonable rent by valuer - Matters to be considered by valuer.

Trade marks - Registration - Inventive word - Word not having direct reference to character or quality of goods - Distinctive word - Descriptive word - "Mobil" - Trade Marks Act 1955 (Cth.), s24.

Evidence - Trade marks - Whether evidence of results of market research survey admissible.

Practice and procedure - Rules of Court - Retrospective operation of Rules when affecting vested rights - Acts Interpretation Act 1958 (No.6189), s7(4).

Practice and procedure - County Court - Self-executing order - Effect of - Power to set aside - Discretion - County Court Rules, 0.16, r9, r25 and r27.

Practice and procedure - Supreme Court - Full Court - Appeals from County Court - Time limits - Power to entertain appeals commenced out of time - Prejudice from self-executing order - Whether ground to entertain appeal out of time - County Court Act 1958 (No.6230), s74.

Administration and Probate - Testator's Family Maintenance - Application by adult daughters for extension of time for making application - Lapse of over three years since grant of probate - Estate not finally distributed - Ignorance of size and extent of estate - Size and extent of testator's overseas assets deliberately concealed by executors - Principles to be applied in determining applications for extension of time - Administration and Probate Act 1958 (No. 6191), s99.

Magistrates - Claim for work done and materials supplied - Jurisdiction to award interest - Supreme Court Act 1958 (No. 6387), s60, s78, s79, s79A - Magistrates Court Act 1971 (No. 8184), s50(1).

Contract - Oral agreement to leave property by will - Uncertainty - Part performance - Nature of acts constituting part performance - Instruments Act 1958 (No. 6279), s126 - Property Law Act 1958 (No. 6344), s53.

Trust - Implied or constructive trust - Oral agreement to leave property by will - Common intention - Man leaving wife to live with and care for friend - Promise to leave property by will - Whether implied or constructive trust created - Nature of implied or constructive trust arising where person acquires property intending to benefit another - Special relationship - Detriment.

Estoppel - Equitable estoppel - Whether equitable estoppel can overcome lack of writing required to evidence particular contracts - Instruments Act 1958 (No. 6279), s126 - Property Law Act 1958 (No. 6344), s53.

Contract - Sale of goods - Work and labour done - Artificer's lien - Seller's lien - Yacht construction agreement - Passing of property - Partly completed yacht - Right of possession - Whether artificer or seller entitled to possession until completion of yacht - Whether artificer or seller entitled to lien over partly completed yacht - Whether lien extinguished.

Practice and procedure - Consolidation of actions - When consolidating orders should be made.

Practice and procedure - Damages recovered by "protected person" - Protected person going to live overseas - Whether moneys should be paid into court or to Public Trustee - Judicial discretion - Supreme Court Act 1958 (No. 6387), s79B, s189 - Public Trustee Act 1958 (No. 6350), s43, s50, s66 - Rules of the Supreme Court O.22, r8.

Practice and procedure - Interlocutory order - Leave to appeal to Full Court - Extension of time within which appeal may be lodged - Powers of Full Court - Supreme Court Act 1958 (No. 6387), s40.

Practice and procedure - Interlocutory order - Limitation of time within which to comply with order - Failure to comply - Enlargement of time within which to comply - Powers of Full Court - Rules of the Supreme Court, O.64, r6.

Companies - Investigation - Failure by officer of company to produce documents - Whether notice to produce defective - Whether privilege against self-incrimination available - Securities Industry (Victoria) Code, s4, s8, s9, s10, s11, s12, s13, s14, s43, s123, s124, s125, s126, s127, s128, s143, s149.

Evidence - Privilege against self-incrimination - Scope of privilege - Whether available in non-judicial proceedings - Whether available to company - Whether applicable to documents - Whether excluded by statute - Securities Industry (Victoria) Code, s8, s9, s10, s11, s12, s13, s14, s123, s124, s125, s126, s127, s128.

Practice and procedure - Action for injunction and damages - Perpetual injunction pronounced in interlocutory proceedings - Subsequent discontinuance of action - Effect of discontinuance on injunction.

Trusts - Discretionary trusts - Exercise of discretion - Whether examinable by the court - Purpose of examination - Whether trustee obliged to afford a hearing to person affected by exercise of discretion.

Administration and Probate - Testator's family maintenance - Application by adult daughter for extension of time for making application - Adequate provision for applicant at date of testator's death - Deterioration of applicant's financial circumstances - Increase in value of estate - Principles to be applied in determining application for extension of time - Administration and Probate Act 1958 (No. 6191), s99.

Criminal law - Evidence - Rape - Fresh complaint - Whether complaint must be of rape - Mens rea - Whether belief that prosecutrix is consenting must be reasonable.

Real property - Torrens Title land - Tenants in common in equal undivided shares - Separate certificates of title - Partition - Sale in lieu - Mortgage by one tenant of undivided share - Tenant of unencumbered share seeking order for sale in lieu of partition - Whether order can be made otherwise than subject to the mortgage - Property Law Act 1958 (No. 6344), s222 - Transfer of Land Act 1958 (No. 6399), s103.

Industrial law - Conciliation and Arbitration Boards - Industrial Relations Commission - Powers - Awards - Retrospective operation - Whether award can pre-date existence of industrial dispute or matter - Industrial Relations Act 1979, s3(1), s34(1), s38(2)(b).

Industrial law - Industrial dispute - Industrial matter - "Industrial" nature of dispute or matter - Need for ascertainable existing employers and employees - Retrospective operation of award - Industrial Relations Act 1979, s3(1), s34(1), s38(2)(b).

Practice and procedure - Appeal Costs Fund - Applicability to proceedings for prerogative relief - Appeal Costs Fund Act 1964, s13(1).

Criminal law - Evidence - Identification - Whether identification evidence obtained after accused's refusal to participate in a line-up admissible.

Criminal law - Evidence - Opinion evidence of "expert" - Whether properly excluded.

Employer and employee - Contract of service - Employees members of a trade union - Resolution by union to take selective industrial action - "Bans" on certain forms of work - Refusal by employer to pay wages unless employees performed all their duties - Employees continuing to perform duties other than those the subject of "bans" - Performance of other duties not banned - Employees not dismissed - Entitlement of employees to wages - Postal Services Act 1975 (Cth.), PtV, Div. 6.

Administrative law - Natural justice - Police constable on probation - Nature of appointment - Termination - Power of Chief Commissioner to terminate appointment - Matters to be taken into account - Right of constable to be heard and to cross-examine informant - Police Regulation Act 1958 (No. 6338), s8 - Police Regulations 1979, reg212.

Practice and procedure - Orders nisi to review - Application to set aside - To whom made - Circumstances in which it is appropriate to proceed by summons seeking special leave to bring the matter before a Judge or the Court - Rules of the Supreme Court, O.54, r16, r17.

Practice and procedure - Masters - Hearing of applications for orders nisi to review - Discretion to hear in private - Planning Appeals Board Act 1980 (No. 9512), s66 - Magistrates' Courts Act 1971(No. 8184), s71 - Rules of the Supreme Court, O.54, r13.

Damages - Action against solicitors for failing to prosecute a claim for damages against tortfeasors - Claim barred by statute of limitations - Measure of damages - Relevance of inability of tortfeasors to satisfy a judgment against them in original claim.

Employer and employee - Servant - Independent contractor - Test for distinguishing between servant and independent contractor - Relevant factors - Control by employer - Delegation of performance of tasks - Conduct of business in partnership - Ratio of expenses to income.

Negligence - Duty of care - Doctrine of extra hazardous activities.

Criminal law - Possession of property suspected of being stolen - Meaning of "actual possession" - Circumstances amounting to abandonment of possession - Summary Offences Act 1966, s26(1).

Infant - Interim custody - Children's Court - Care and protection application - Exclusive jurisdiction of Children's Court - Children's Court Act 1973 (No. 8477), s16(1).

Infant - Children's Court - Care and protection application - Need for restraint in relation to the "emotional development in jeopardy" ground - Community Welfare Services Act 1970 (No. 8089), s31(1)(a).

Limitation of action - Personal injuries - Motor car accident-Alleged tortfeasor killed in accident - No grant of probate or letters of administration taken out in respect of alleged tortfeasor's estate - Public Trustee appointed as administrator ad litem of alleged tortfeasor's estate after expiration of the limitation period - Action commenced within six months of appointment - Limitation of Actions Act 1958 (No. 6295), s5(6), s33 - Administration and Probate Act 1958 (No. 6191), s29 - Motor Car Act 1958 (No. 6325), s51A.

Administrative Law - Commissioner of Business Franchises - Natural justice - Licence - Revocation of determination as to the term of licence - Right to be heard before revocation - Whether right to hearing negated by legislation - Business Franchise (Tobacco) Act 1974 (No. 8597), s9(2) and s9(4).

Administrative law - Private arbitration - Whether award of arbitrator is a "decision of a tribunal" to which the Administrative Law Act 1978 applies - Whether reasons given pursuant to a request purportedly made under the Act form part of the award - Whether the Act enlarges the remedies available to persons affected by a "decision of a tribunal" - Administrative Law Act 1978 (No. 9234), s2, s3, s7, s8, s10.

Practice and procedure - Leave to appeal to Full Court from interlocutory orders - Principles to be applied - Supreme Court Act 1958 (No. 6387), s40(1)(b).

Building contracts - Delay by contractor - Claim for liquidated damages - Prevention by proprietor - Delay caused or contributed to by proprietor - Variations ordered after completion date - Whether proprietor entitled to claim liquidated damages.

Trust and trustee - Company carrying on business as trustee - Winding up of company - Sale of company's business as trustee - Sale sanctioned by court and by Act of Parliament - Whether proceeds of sale available to creditors of company - ANZ Executors and Trustee Company Act 1983 (No. 9898).

Town and country planning - Planning Appeals Board - Issue of permit for the development of land - Aboriginal relics lying under land - Whether proposed development lawful - Archaeological and Aboriginal Relics Preservation Act 1972 (No. 8273), s21, s22, s23.

Statute - Interpretation - Provisions affecting private property rights - Clear and unambiguous language - Unjust consequences of provisions - Meaning of "excavate for any relic".

Criminal law - Evidence - Conspiracy to defraud - Circumstances in which evidence of co-accused admissible against accused - Duty of trial Judge to indicate to jury evidence admissible against each accused.

Bills of exchange - Action on - Summary procedure under Instruments Act 1958 - Cross-claim for unliquidated damages - Whether cross-claim can be relied on as defence or set-off - Instruments Act 1958 (No. 6279), s10.

Practice and procedure - Bill of exchange - Action on - Summary procedure under Instruments Act 1958 - Cross-claim for unliquidated damages - Whether cross-claim can be relied on as defence or set-off - Instruments Act 1958 (No. 6279), s10.

Bill of Exchange - Drawer - Surety - Securities.

Mortgage - Covenant to pay all debts of debtor - Interpretation - Whether creditor can call upon mortgagor to pay amount of bills of exchange.

Equity - Contribution - Co-sureties - Co-sureties for same debt - Mutuality of obligations - Claim by drawer of bill of exchange for contribution from surety for all debts of acceptor to Bank - Assignment of security - Supreme Court Act 1958 (No. 6387), s72.

Stamp duty - Extra-territorial application of Stamps Act 1958 - Instrument of lease executed outside Victoria and not brought into Victoria - Whether dutiable - Stamps Act 1958 (No. 6375), s17(4), s28(2), s30.

Practice and procedure - Action to enforce terms of lease - Defendant rectified breach of terms before trial - Plaintiff granted leave to discontinue - Power of Court to award costs - Rules of the Supreme Court, O.26, r1.

Criminal law - Conspiracy - Conspiracy to defraud - Elements of offence - Whether deceit a necessary element - Whether dishonesty a necessary element - Degree of dishonesty required.

Real property - Torrens system - Indefeasibility of title - Fraud - Forged instrument - Mortgage bearing forged signature of one joint owner - Mortgagee aware that signature not duly attested by witness - Whether conduct of mortgagee in allowing instrument to be registered amounts to fraud - Transfer of Land Act 1958 (No.6399), s41, s42, s110.

Practice and procedure - Costs - Two actions heard together - Whether jurisdiction to order party in one action to pay costs of successful party in another action in which firstmentioned person was not a party.

Practice and Procedure - Costs - Solicitor and client costs - Unsuccessful party's conduct in pursuing action high-handed.

Companies - Charge - Fixed and floating charge - Subsequent fixed charge - Default by company - Whether subsequent charge a floating charge - Priorities - Debt owing to Commissioner of Taxation for group tax - Commissioner's debt satisfied pro rata out of proceeds of realization of assets subject to fixed and floating charge - Debt to employees for holiday pay and long service leave - Whether employees take in priority to receivers' costs and expenses - Whether inter-company loan "book debt" - Companies (Victoria) Code, s324, s331, s351, s441, s446 - Income Tax Assessment Act 1936 (Cth.), s221P.

Insurance - Accident policy - Bodily injury caused by accidental means - Meaning of - Assured suffered rupture of tendon whilst playing cricket - Maxim "verba chartarum fortius accipiuntur contra proferentem" - Whether applicable - Function of court when construing policy of insurance.

Valuation of land - Rating - Licensed premises - Change in trading conditions affecting value of property - Whether should be taken into account - Valuation of Land Act 1960 (No. 6653), s7(2).

Probate duty - Calculation of duty - Value of legacy - Legacy to widow accepted for duty purposes at certain value - Property realizing more than valuation for duty purposes - Probate Duty Act 1962 (No. 6890), s4(1), s6, s17(1). First Schedule, paras. 1 and 6.

Criminal Law - Murder - Confession - Admissibility - Voire dire - Public policy - Crimes Act 1958 (No. 6231), s460.

Estoppel - Estoppel per rem judicatam - Estoppel by record - Decision in rem - Forfeiture order - Subsequent proceedings raising question of ownership of forfeited property - Fisheries Act 1968 (No. 7780), s17(6).

Forfeiture - Order forfeiting vessel to the Crown - Effect of order - Fisheries Act 1968 (No. 7780), s17.

Will - Interpretation - Meaning of "gross income" in context of income derived from real property - Meaning of "descendants".

Trust and trustee - Charitable trusts - Trust for charitable and non-charitable purposes - Non-charitable purpose being trust for individuals - Whether non-charitable purpose severable - Direction to accumulate balance of trust fund in perpetuity - Accumulation without purpose or object - Whether direction to accumulate an administrative direction appended to charitable trust - Property Law Act 1958 (No. 6344), s131 - Perpetuities and Accumulations Act 1968 (No. 7750), s19.

Defamation - Libel - Interrogatories by defendant as to injury to plaintiff's reputation and as to behaviour of others towards plaintiff after publication - Whether interrogatories in proper form - Whether interrogatories relevant to issue of damages.

Practice and procedure - Interrogatories - Libel action - Interrogatories by defendant as to injury to plaintiff's reputation and as to behaviour by others towards plaintiff after publication - Whether interrogatories in proper form - Whether interrogatories relevant to issue of damages.

Criminal law - Evidence - Documentary hearsay - Business records made outside Victoria - Business carried on outside Victoria - Evidence Act 1958 (6246), s3, s55(2).

Criminal law - Conspiracy - Evidence of conduct of co-conspirator acting in furtherance of the conspiracy.

Criminal law - Sentencing - Failure of indictment to specify prohibited import - Amendment of indictment after conviction - Customs Act 1901 (Cth.), s233B(1)(cb), s235(2)(d) and s235(8).

Insurance - Motor vehicle insurance - Motor vehicle towing a trailer in unsafe and unroadworthy condition - Exclusion relieving insurer from liability where "motor vehicle" used in unsafe or unroadworthy condition - Whether the words "motor vehicle" include trailer.

Aborigines - Archaeological and Aboriginal relics - Portable Aboriginal relics - Required to be lodged in the National Museum of Victoria - Meaning of "lodged" - Whether relics can be removed from the Museum without a ministerial determination - Archaeological and Aboriginal Relics Preservation Act 1972 (No. 8273), s20A.

Negligence - Personal injuries - Assessment of damages - Whether jury can take into account the possibility of future unemployment benefits in assessing damages.

Landlord and tenant - Lease - Whether contractual doctrine of repudiation applicable to leases of land - Notice by lessor to lessee to remedy breach of covenant and demanding rent after termination of the lease by acceptance of lessee's repudiation - Whether notice constitutes waiver of breaches by lessee - Whether notice a nullity.

Administrative law - Application to review exercise of discretion by trustees of superannuation fund - Whether trustees' decision a "decision" within the Administrative Law Act - Whether the trustees a "tribunal" within the Administrative Law Act - Administrative Law Act 1978 (No. 9234), s3.

Administrative law - Harness racing - Decision of Harness Racing Board - Whether a "decision" reviewable under Administrative Law Act 1978 - Racing Act 1958 (No. 6353), s45, s49 - Administrative Law Act 1978 (No. 9234), s3.

Administrative law - Statutory disciplinary tribunals - Charge of improper or offensive behaviour - Particulars of charge - Whether behaviour in question amounted to improper or offensive behaviour - Meaning of "improper or offensive behaviour" - Administrative Law Act 1978 (No. 9234), s7.

Criminal law - Jurisdiction - Murder - Whether deceased died or was feloniously hurt in Victoria - Misdirection by trial judge - Crimes Act 1958 (No. 6231), s9.

Criminal law - Handling stolen goods - Doctrine of recent possession - Right to silence - Whether failure to give innocent explanations to police after caution relevant to consideration of explanation given at the trial.

Practice and procedure - Dismissal of action for want of prosecution - Long delay by plaintiff - Principles applicable - Defendant's solicitor taking steps in the action and entering into arrangements with plaintiff's solicitor despite long delay - Whether waiver of delay - Whether fair and adequate trial possible - Whether plaintiff's possible remedy against solicitor relevant.

Criminal law - Theft - Meaning of "property" - Elements of offence imported by the word "appropriates" - Crimes Act 1958 (No. 6231), s71, s73(4), s73(9).

Evidence - Privilege - Legal professional privilege - Solicitor and client - Condition of solicitor's engagement that client's name be kept confidential - Whether solicitor or his clerk can refuse to disclose name of client.

Administration and probate - Family provision - Application for extension of time - "Final distribution" of estate - Transmission application and transfer in respect of sole asset of estate lodged at Titles Office but not registered - Whether estate finally distributed - Administration and Probate Act 1958 (No. 6191), s99, s99A.

Practice and procedure - Costs - Action for personal injuries - Plaintiff received workers compensation payments - Workers compensation payments refunded to employer by Motor Accidents Board - Workers compensation payments deducted from plaintiff's claim for special damages - Plaintiff recovers less than amount paid into court and less than half of County Court jurisdictional limit - Whether plaintiff entitled to costs on Supreme Court scale - Whether plaintiff entitled to costs after payment in - "Special circumstances" - "Special cause" - Workers Compensation Act 1958 (No. 6419), s8, s62, s79 - Motor Accidents Act 1973 (No. 8429), s15 - Rules of the Supreme Court, O.22, r6, r6A, O.65, r12.

Criminal law - Reference by Director of Public Prosecutions - Whether exercise of discretion by trial judge to exclude evidence capable of raising point of law - Crimes Act 1958 (No. 6231), s450A, s460.

Companies - Securities - Trading in securities - Control of securities market - False statements disseminated to induce dealing in shares - Power of court to make order declaring contract relating to securities void or voidable - Applicable principles - Power of Victorian court to intervene where false information disseminated in another State - Securities Industry (Victoria) Code, s14, s125, s126, s145, s146 - Securities Industry (Application of Laws) Act 1981 (No. 9562).

Administrative law - Prerogative writs - Criminal trial - Whether writs available to review trial judge's ruling against reception of evidence.

Criminal law - Petition for mercy - Petitioner convicted of murder - Categories of miscarriage of justice - Evidence - Character of victim - Crimes Act 1958 (No. 6231), s568, s584.

Companies - Debenture - Floating charge - Provision that charge should become fixed on default - Default by company - Subsequent fixed charge over book debts - Default under subsequent charge - Appointment of receiver under first charge - Priorities - Whether proceeds of realization of assets including book debts passed to receiver - 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.

Practice and procedure - Order to review - Grounds - Ground that Tribunal was wrong in law - Whether ground at all - Sufficiency of statement of grounds - Amendment - Motor Accidents Act 1973 (No. 8429), s40(4) - Magistrates' Courts Act 1971 (No. 8184), s91.

Companies - Winding up - Standing to appear on hearing of petition - Persons affected - Contingent or prospective creditor - "Contingent debt" - Companies (Victoria) Code, s363(1), s367(2), s372(2).

Restitution - Money paid under compulsion - Practical as distinct from legal compulsion - Unjust enrichment - Arrangement by shareholders with Commissioner of Taxation to pay tax owed by company - Whether moneys paid recoverable from company - Income Tax Assessment Act 1936 (Cth), s258 - Taxation (Unpaid Company Tax) Assessment Act 1982 (Cth), s5, s6, s7, s19, s20, s21.

Practice and procedure - Default judgments - Service on fictitious registered office - Power of court to go behind judgment - Duty of party seeking judgment to make full disclosure.

Practice and procedure - Master's order appointing provisional liquidator - Whether should be made ex parte - Duty to disclose material facts - Appeal - Standing - Person affected by order - Contingent creditor - Companies Rules, r8(1), r51(1).

Income tax - Deductions - Losses and outgoings incurred in gaining or producing assessable income or necessarily incurred in carrying on business for the purpose of producing assessable income - Fines and penalties for summary regulatory traffic offences - Fines and penalties imposed upon taxpayer - Fines and penalties paid by the taxpayer on behalf of its employees and contractors - Income Tax Assessment Act 1936 (Cth), s51.

Public policy - Income tax - Deductions - Fines and penalties for summary regulatory traffic offences - Whether contrary to public policy to allow as deductions.

Stamp duty - Instruments securing contingent obligation to purchase shares and to pay purchase price - Instruments not securing money due and payable - Whether instrument dutiable as debenture - Stamps Act 1958 (No. 6375), s17(1), s137D, s137N, Third Schedule, PtXXII - Companies Act 1961 (No. 6839), s5(1).

Companies - Debenture - Instruments securing contingent liability of company to purchase shares and pay purchase price - Instruments not securing money due and payable - Whether instrument a "debenture" - Companies Act 1961 (No. 6839), s5(1).

Town and Country Planning - Appeal - Determinations by responsible authority - Determinations reversed and permit granted by Planning Appeals Board - Written determinations of Board - Whether Board failed to give sufficient reasons for its determination - Consequences thereof - Failure of Board to refer to certain issues - Whether Board failed to advert to relevant considerations - Consequences thereof - Whether Board's discretion to consent to building 39 metres high is entirely unfettered - Whether requirement that determination be signed by members of Board is mandatory or directory - Burden of proof upon appeal before Board - Planning Appeals Board Act 1980 (No. 9512), s60, s61, s66 - Melbourne Metropolitan Planning Scheme Ordinance, CL11, CL13E, CL13F, CL13G, CL13J, CL13K, CL13L, CL25H.

Health - Pest control - Pest control operator - What constitutes "carrying on business" as pest control operator - What constitutes "obstruction" of an officer in performance of duties - Authority to prosecute - Health Act 1958 (No. 6270), s108A, s108B, s108C, s403.

Companies - Liquidation - Power to declare dissolution void - Questions arising in liquidation requiring investigation - Possible misfeasance by controllers of companies - Failure by liquidator to investigate questions - Companies Act 1961 (No. 6839), s307, s367B - Companies (Victoria) Code, s458.

Companies - Liquidation - Liquidator - Duties - Conflict between interest and duty - Questions arising in liquidation requiring investigation - Possible misfeasance by controllers of companies - Failure by liquidator to investigate questions.

Fixtures - Fixture or chattel - Construction contract - Sub-contract for supply and installation of airconditioning units - Annexation of units to freehold - Degree and object of annexation - Factors to be taken into account - Matters from which intention inferred.

Injunction - Mandatory injunction - Adequacy of damages - Applicable principles.

Town and country planning - Permit to use premises for "industrial sales" - Premises substantially used for industrial sales and as a shop - Whether use as shop unlawful - Meaning of "primary industry" - Meaning of "secondary industry" - Town and Country Planning Act 1961 (No. 6849), s49, s49A - Melbourne and Metropolitan Planning Scheme Ordinance, CL4(2), CL7.

Negligence - Duty of care - Local authority - Uniform Building Regulations - Building surveyor - Power to inspect building site - Whether local authority under duty to take reasonable care to decide whether and when to exercise its power of inspection and to take reasonable care in carrying out inspection - House built with inadequate footings and inadequate drainage contrary to Uniform Building Regulations - Whether danger to health and safety of occupiers - Measure of damages - Whether damages for physical inconvenience and mental distress recoverable.

Local government - Negligence - Duty of care - Uniform Building Regulations - Building surveyor - Power to inspect building site - Whether local government authority under duty to take reasonable care to decide whether and when to exercise its power of inspection and to take reasonable care in carrying out inspection - House built with inadequate footings and inadequate site drainage contrary to Uniform Building Regulations - Whether danger to health and safety of occupiers - Measure of damages - Whether damages for physical inconvenience and mental distress recoverable.

Damages - Tort - Negligence - Failure by local authority to inspect building in course of construction - Home built with inadequate footings and inadequate drainage - Whether damages for physical inconvenience and mental stress recoverable.

Magistrates - Practice and procedure - Order striking out information for want of jurisdiction - Erroneous order - Refusal to reinstate and rehear information - Inherent power of magistrate to set aside order striking out information - Magistrates (Summary Proceedings) Act 1975 (No. 8731), s78(1)(o).

Magistrates - Practice and procedure - "Alternative procedure" under PtVII of Magistrates (Summary Proceedings) Act 1975 - Whether proceedings reviewable by court - Effect of expiration of time limit - Magistrates (Summary Proceedings) Act 1975 (No. 8731), s84.

Judgment - Judgment debts - Interest - Applicable rate of interest - Retrospective operation of legislation - Rate at which interest borne - Supreme Court Act 1958 (No. 6387), s161 - Penalty Interest Rates Act 1981 (No. 9633), s6 - Penalty Interest Rates Act 1983 (No. 9967), s2, s3.

Statute - Statute providing for judgment debts to carry interest - Amendment - Retrospective operation of legislation - Penalty Interest Rates Act 1981 (No. 9633), s6 - Penalty Interest Rates Act 1983 (No. 9967), s2, s3 - Acts Interpretation Act 1958 (No. 6189), s7(2) - Interpretation of Legislation Act 1984 (No. 10096), s14(2).

Appeal - Appeal from County Court to Supreme Court - Appeal from decision of County Court given on appeal from Crimes Compensation Tribunal - Jurisdiction of Supreme Court to entertain appeal - "Action" - "Matter" - County Court Act 1958 (No. 6230), s3, s74 - Magistrates' Courts Act 1971 (No. 8184), PtIX - Criminal Injuries Compensation Act 1972 (No. 8359), s13.

Companies - Investigation by Corporate Affairs Commission - Meaning of "investigation" - Power of Commission to conduct investigations under Companies (Victoria) Code - Nature of suspicion required to be entertained by Commission before conducting investigation - Meaning of "suspect" and "reason to suspect" - Companies (Victoria) Code, s16A, s573(1).

Criminal law - Crown indemnities - Legal effect - Principles of construction.

Building society - Winding up of society by issue of certificate of Registrar - Duty of Registrar to hold inquiry before issuing certificate - Whether any person has right to appear and be heard at inquiry - Whether notice of inquiry required to be given to any person - Building Societies Act 1976 (No. 8966), s76, s105, s111.

Administrative law - Building society - Winding up of society by issue of certificate of Registrar - Duty of Registrar to hold inquiry before issuing certificate - Whether any person has right to appear and be hear at inquiry - Whether notice of inquiry is required to be given to any person - Building Societies Act 1976 (No. 8966), s76, s105, s111.