Constitutional law - Election to Parliament - Petition disputing election - Errors by polling clerks - Effect of errors - "Prevented from voting" - Whether judge may open envelopes to determine whether errors affected result of election - Whether province vote of an elector should be disallowed where his district vote is disallowed - Casting vote of returning officer - Drawing name by ballot - Returning officer exercising casting vote in province in which she is not enrolled as elector - Returning officer casting ordinary vote and casting vote in same election - Constitution Act Amendment Act 1958 (No. 6224), s103(2), s187A, s208(h), s289 - Victorian Parliamentary Elections Regulations 1985, reg44, reg46.

Industrial law - Conciliation and Arbitration Boards - Industrial Relations Commission - Awards - Industrial matter - Appeals from Conciliation and Arbitration Boards - References to Commission in full session - Whether Commission has power to make awards with retrospective effect - Industrial Relations Act 1979 (No. 9365), s16, s38(2), s44.

Administrative law - Certiorari - Jurisdictional facts - Excess of jurisdiction - Powers of reviewing court - Burden of proof - Power to quash part of decision under review - Severance.

Evidence - Deposition - Deponent since deceased - Discretion to exclude deposition - Prejudicial effect - Probative value - Fair trial - Magistrates' (Summary Proceedings) Act 1975 (No. 8731), s163.

Criminal law - Murder - Constructive murder - Robbery - Causation - Crimes Act 1958 (No. 6231), s3A, s75, s75A.

Practice and procedure - Security for costs - Security sought by defendant insurer in action on policy - Relevant principles - Discretion - Companies (Victoria) Code, s533.

Criminal law - Breath test and blood test - Refusal to accompany police to station for breath test - Whether demand sufficient - Motor Car Act 1958 (No. 6325), s80F.

Motor vehicles - Breath test and blood test - Refusal to accompany police to station for breath test - Whether demand sufficient - Motor Car Act 1958 (No. 6325), s80F.

Practice and procedure - Discovery and inspection of documents - Documents in possession of person not a party to action - Notes of arbitrators and tape recording of arbitration proceedings - Power of court to order discovery and inspection - Source of court's power - Matters to be considered in exercising power - Rules of the Supreme Court, O. 37, r7 - Evidence Act 1958 (No. 6246), s13.

Arbitration - Application to set aside award - Arbitrators' notes of proceedings - Court's power to compel production and inspection of arbitrators' notes - Whether notes protected by privilege.

Trust and trustee - Unit trust - Trust assets - Whether unit-holder has proprietary interest in trust assets.

Trust and trustee - Trustee companies - Commission - Corpus - Calculation of commission - Whether on value of estate on date of distribution or commitment - Trustee Companies Act 1928 (No. 3793), s17 - Trustee Companies Act 1957 (No. 6109), s2, s4 - Trustee Companies Act 1958 (No. 6402), s3, s17(5).

Statute - Construction - Commission payable to trustee companies - Retrospective effect of legislation.

Companies - Practice and procedure - Summons for directions - Whether a question raised was "particular matter arising under the winding up" - Whether binding determination can be made on such procedure - Whether appeal lies from directions - Companies (Victoria) Code, s379(3).

Sale of land - Restriction on use of land - Defect in title - Purchase of land and building at public auction - Subsequent application by third person to add building to register of historic buildings - Recommendation by Historic Buildings Council to register building - Recommendation not implemented by Minister at date of completion - Whether purchaser bound to complete - Whether recommendation created defect in title - Property Law Act 1958 (No. 6344), s49 - Historic Buildings Act 1981 (No. 9667), s14(4), s18(1B), s26(2).

Sale of land - Contract - Penalty interest - Defaulting party liable to pay interest "on demand" - Whether letter sufficient demand - Transfer of Land Act 1958 (No. 6399), Seventh Schedule, Table A.

Practice and procedure - Recognizance - Good behaviour - Defendant convicted of offence during period of recognizance - Duty of Magistrates' Court to forfeit recognizance upon proof of breach - Whether mandatory - Crown Proceedings Act 1958 (No. 6232), s5(1) - Magistrates (Summary Proceedings) Act 1975 (No. 8731), s80 - Magistrates' Court Act 1971 (No. 8184), s51(2)(a).

Crown - Crown remedies - Recognizance - Good behaviour - Defendant convicted of offence during period of recognizance - Duty of Magistrates' Court to forfeit recognizance upon proof of breach - Whether mandatory - Crown Proceedings Act 1958 (No. 6232), s5(1) - Magistrates (Summary Proceedings) Act 1975 (No. 8731), s80 - Magistrates' Court Act 1971 (No. 8184), s51(2)(a).

Income tax - Tax agent knowingly and wilfully inserting false figures in taxpayer's proposed return - Taxpayer signs and makes return - Whether tax agent thereby makes any misstatement affecting liability of any person to tax - Income Tax Assessment Act 1936 (Cth.), s228, s230, s239.

Judgment - Judgment debt - Order of Magistrates' Court - Application by judgment debtor for payment by instalments - Jurisdiction of Magistrates' Court to make order - Magistrates' (Summary Proceedings) Act 1975 (No. 8731), s143 - Judgment Debt Recovery Act 1984 (No. 10063), s3, s6.

Mortgage - Early termination - Interest - Liability for interest for unexpired term - Effect of Sale of Land Act 1962 (No. 6975), s8.

Administrative law - Assessment under Business Franchise Acts - Validity - Whether validity of assessment examinable by court - Whether Acts disclose intention to exclude court's jurisdiction to investigate validity of assessment - Statutory interpretation - Business Franchise (Tobacco) Act 1974 (No. 8597), s16, s16A, s17 to s18C, s19A - Business Franchise (Petroleum Products) Act 1979 (No. 9272).

Practice and procedure - Action for personal injuries - Payment into court - Whether payment made on basis that plaintiff repays workers compensation payments - Costs - Whether workers compensation payments should be added to amount paid in to determine liability for costs - County Court Rules, O.19, r17 - Workers Compensation Act 1958 (No. 6419), s64, s65, s66, s68.

Real property - Cluster titles - By-laws - Effect of by-laws and scheme of development - alteration of by-laws - How effected - Failure to follow statutory scheme of amendment - Consequences of failure - Cluster Titles Act 1974 (No. 8661), s21, s24, s27, First and Second Schedules - Strata Titles Act 1967 (No. 7551), s24, s45, Second Schedule.

Sale of land - Title - Defect in title - Time of determining whether defect exists - Alterations to building in contravention of building regulations and without permit - Potential statutory liability - Whether contravention constitutes existing defect in vendor's title - Property Law Act 1958 (No. 6344), s49.

Motor vehicles - 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 - Knowledge of claimant - Prejudice to nominal defendant by failure to give notice - Failure of jury to determine issue - No finding by jury concerning prejudice to nominal defendant - Power of trial judge to determine issue - Motor Car Act 1958 (No. 6325), s49(1).

Criminal Law - Conspiracy - Whether appropriate where statutory procedure for prosecution specified - Construction of statute - Crimes Act 1958 (No. 6231), s176, s181.

Charities - Charitable trust not impossible or impracticable - Spirit of gift cannot be effected - Cy-pres scheme - Charities Act 1978 (No. 9227), s2 - Interpretation of Legislation Act 1984 (No. 10096), s5(3).

Contract - Oral agreement - PArt performance - Property purchased by deceased - Agreement that if services performed property would belong to person performing - Deceased remained as registered proprietor - Services performed - Whether sufficient acts of part performance - Nature of acts constituting part performance.

Insurance - Employer's indemnity - Conditions precedent to liability - Conditions requiring insured to keep proper wages book and to supply insurer with correct account of remuneration - Breach by insured - Effect of breach - Effect of Workers Compensation Act 1958 (No. 64191), s71A, s72.

Criminal law - Receiving secret commissions - "Agent" - "Corruptly" - "Business relations" - Leading of inadmissible evidence without objection - Corroboration - Accomplice warning - Jury deadlocked - When trial Judge should discharge jury - Crimes Act 1958 (No. 6231), s175, s176.

Limitation of actions - Application for extension of period during which action may be brought - Court's discretion - Circumstances of case - Availability of evidence supporting proposed cause of action - Whether relevant to exercise of court's discretion - Limitation of Actions Act 1958 (No. 6295), s23A.

Compulsory acquisition - Compensation - Park land - Method of compensation - Market value - Replacement cost - Whether market value ascertainable - Land Compensation Act 1958 (No. 6286), s11B.

Contract - Oral agreement that surviving de facto spouse would become sole owner of property after death of other spouse - Title to property in wife's name at time of her death - Part performance - Nature of acts constituting part performance - Whether sufficient - Instruments Act 1958 (No. 6279), s126 - Property Law Act 1958 (No. 6344), s53.

Trust and trustee - Constructive trust - Common intention of de facto spouses to become co-owners of property - Survivorship - Common intention formed after acquisition of property by one spouse - Whether constructive trust.

Local Government - Rates - Valuation - Special rateable property - Single undertaking - Undertaking extending beyond shire - Applicable valuation principles - Contractor's method - Profits method - Mileage basis - Parochial basis - Local Government Act 1958 (No. 6299), s254, s255(8), s332.

Costs - Land Valuation - Objection against valuation - Appeal to Supreme Court - Applicable principles - Valuation of Land Act 1960 (No. 6653), s43.

Bills of exchange - Drawer - Acceptor - Surety of acceptor's indebtedness to holder - Acceptor dishonours bill - Whether drawer paying bill entitled to contribution from acceptor or to assignment of security - Supreme Court Act 1958 (No. 6387), s72.

Equity - Contribution - Subrogation - Co-sureties - Drawer of bill of exchange - Surety of acceptor's indebtedness to holder - Acceptor dishonours bill - Whether drawer paying bill entitled to contribution from acceptor or assignment of security - Supreme Court Act 1958 (No. 6387), s72.

Criminal law - Motor traffic - Order to review - Driving with blood alcohol content in excess of .05 per centum - Effect of certificate pursuant to Motor Car Act 1958 (No. 6325), Seventh Schedule - Motor Car Act 1958 (No. 6325), s80F(3), s80G, s81A.

Agency - Estate agent - Commission - Entitlement to commission accruing upon execution of legally binding contract of sale - Contract executed - Contract subject to condition subsequent - Whether agent's entitlement to commission accrued upon execution of contract or upon satisfaction of condition.

Market - Cattle market - Market established by statute - Whether incidents of common law market attach to market established by statute - Obligation of market owner to keep market open to public - Markets Act 1958 (No. 6305), s25.

Injunction - Interlocutory injunction - Discretion - Prospects of success - Delay.

Insurance - Indemnity - Policy insuring against infertility of stallion resulting from disease incurred during policy period - Whether disease "incurred" during policy period - Exclusion - Condition that stallion free from "physical disability" at inception of policy - Construction of policy.

Insurance - Fire policy - Property insured fully described in policy - Insured described in policy as "bailee" - Whether property covered by policy limited to property held by insured as bailee or extended to include property owned by insured - Ambiguity - How resolved.

Sales tax - Exemption - "Institution" - "Organization" - "Established and carried on exclusively or principally for promotion of interests of university or school" - Trustee of superannuation scheme for employees of universities and colleges of advanced education - Whether institution or organization of relevant kind - Whether court may look beyond charter of trustee to determine purpose of organization - "Principally" - Sales Tax (Exemptions and Classifications) Act 1935 (Cth.), s5, First Schedule, Div. X, item 63B(1).

Industrial law - Picketing - Whether unlawful - Picket line involving violence, threats of violence and intimidation - Plaintiff's business seriously disrupted - Resort by plaintiff to processes of conciliation and arbitration unavailing - Whether interlocutory injunction should be granted to restrain defendants from continuing with picket.

Injunction - Industrial dispute - Picketing - Picket line involving violence, threats of violence and intimidation - Plaintiff's business seriously disrupted - Resort by plaintiff to processes of conciliation and arbitration unavailing - Whether interlocutory injunction should be granted to restrain defendants from continuing with picket - Balance of convenience.

Practice and procedure - Endorsement on writ - Whether endorsement sufficient to give notice of the nature of claim and cause thereof - Rules of the Supreme Court, O.3, r1; O.13, r3.

Administrative law - Road Traffic Authority - Power to cancel licence of driver disqualified from driving by reason of judgment made pursuant to law of another State - Whether Authority a "tribunal" for purposes of Administrative Law Act 1978 - Motor Car Act 1958 (No. 6235), s25(1)(e) - Administrative Law Act 1978 (No. 9234), s2, s3.

Practice and procedure - Striking out statement of claim on ground that claim is vexatious - Statement of claim discloses statute-barred cause of action - Whether plaintiff must justify proceedings before delivery of defence.

Administrative law - Small Claims Tribunal - Jurisdiction - Jurisdiction confined to claim against a "trader" - Conduct of business in "trade or commerce" - Claim against chiropractor - Whether chiropractor provides services in "trade or commerce" - Small Claims Tribunal Act 1973 (No. 8486), s2.

Summary offences - Trespass - Person who "wilfully trespasses in any place" - Trespass in foyer of police station - "Public place" - Whether "any place" confined to private premises - Officer in charge of police station exercising authority of an "occupier" - What constitutes occupation - Summary Offences Act 1966 (No. 7405), s9(1)(d).

Habeas corpus - Application of s6 of the Habeas Corpus Act 1679 in Victoria - Whether application under s6 is application for habeas corpus - Jurisdiction of Full Court to entertain application under s6 - History of law terms - Organization of criminal trials - Habeas Corpus Act 1679 (31 Charles II, c. 2), s6 - Supreme Court Act (No. 6387), s20, s22, s23 - Imperial Acts Application Act 1980 (No. 9426), s3.

Insurance - Reinsurance - Proportional reinsurance treaties - Whether contracts of insurance - Companies Act 1961 (No. 6839), s292(5).

Insurance - Reinsurance - Moneys recovered by insurer from reinsurers pursuant to reinsurance treaties - Reinsurance moneys could not be attributed to particular reinsurer or particular policy - Whether reinsurance moneys were in respect of insurer's liabilities to insureds - Companies Act 1961 (No. 6839), s292(5).

Equity - Subrogation - Employer insured against workers compensation liability to employee - Insurer insolvent - Insurance Commissioner discharging liability of employer to compensate employee - Whether Commissioner subrogated to right of employer against insurer - Whether Commissioner subrogated to right of insurer against reinsurer - Whether reinsurance moneys received by insurer in respect of insurer's liability to employer held on trust for Insurance Commissioner.

Companies - Winding up - Insurance company - Moneys recovered by insurer from reinsurers pursuant to reinsurance treaties - Reinsurance moneys could not be attributed to particular reinsurer or particular policy - Whether reinsurance moneys were in respect of insurer's liabilities to insureds - Companies Act 1961 (No. 6839), s292(5).

Contract - Oral agreement to assign lease - Part performance - Whether sufficient acts of part performance - Instruments Act 1958 (No. 6279), s126.

Equity - Specific performance - Equitable assignment of lease - Term of lease expired - Jurisdiction to grant specific performance of assignment - Equitable damages - Effect of delay.

Habeas corpus - Third party application - Court's discretion - How exercised.

Workers compensation - Case stated - Worker - Outworker - Contract of service - Contract for services - Independent contractor - Workers Compensation Act 1958 (No. 6419), s3(1), s3(6), s5, s9, s26 and s56(3)(a).

Negligence - Action by building proprietor against Council for negligent issue of building permit - Third party notice by Council against engineer claiming damages in futuro for negligence in certifying plans - Whether claim founded on tort or contribution - Whether cause of action in tort accrued - Whether claim in contribution accrued - Whether claim in contribution statute-barred - Limitation of Actions Act 1958 (No. 6295), s5(1) - Wrongs Act 1958 (No. 6420), s24(1)(a).

Contribution - Joint tortfeasors - Negligence - Action by building proprietor against Council for negligent issue of building permit - Third party notice by Council against engineer claiming damages in futuro for negligence in certifying plans - Whether claim founded on tort or contribution - Whether claim in contribution accrued - Whether claim in contribution statute-barred - Limitation of Actions Act 1958 (No. 6295), s5(1) - Wrongs Act 1958 (No. 6420), s24(1)(a).

Criminal law - Order to review - Driving with a blood alcohol content in excess of .05 per centum - Effect of a certificate pursuant to Motor Car Act 1958 (No. 6325), Seventh Schedule - Motor Car Act 1958 (No. 6325), s80F(3), s80G, s81A.

Estoppel - Res judicata - Criminal law - Whether principle requires exclusion of relevant evidence at subsequent trial for different offence - Direction to jury.

Contract - Damages for breach of contract - Mitigation - Onus of proof.

Damages - Damages for breach of contract - Mitigation - Onus of proof.

Criminal law - Murder - Self-defence - Whether requirement of self-defence that conduct of victim be unlawful - Circumstances in which original aggressor can claim self-defence.

Criminal law - Bail - Appeal against conviction pending - Need to show very exceptional circumstances - Crimes Act 1958 (No. 6231), s579(2), s582.

Statute - Interpretation - Words importing the plural - Whether the singular included - Interpretation of Legislation Act 1984 (No. 10096), s37(d).

Industrial law - Teaching service - Approved units - Whether one unit permissible for entire teaching service - Teaching Service Act 1981 (No. 9714), s3, s5, s7, s30, s31.

Judgment - Action for personal injuries - Plaintiff received workers compensation payments - Defendant paying into court and offering to indemnify plaintiff against liability to refund workers compensation payments - Whether offer was something of value - Whether offer and payment in exceeded amount recovered - Workers Compensation Act 1958 (No. 6419), s8, s62 and s79.

Practice and procedure - Payment into court - Action for personal injuries - Plaintiff received workers compensation payments - Defendant paying into court and offering to indemnify plaintiff against liability to refund workers compensation payments - Whether offer was something of value - Whether offer and payment in exceeded amount recovered - Workers Compensation Act 1958 (No. 6419), s8, s62 and s79 - County Court Rules, O 19, r7.

Injunction - Mareva injunction - Jurisdiction - Inherent power - Applicable principles - Supreme Court Act 1958 (No. 6387), s62(2).

Evidence - Criminal law - Confessions - Privilege against self-incrimination - Bankruptcy - Bankruptcy Act 1966 (Cth.), s69.

Evidence - Criminal law - Unsworn statement - Whether Crown entitled to lead evidence of unsworn statement made at previous trial - Direction to jury - Evidence Act 1958 (No. 6246), s25 - Crimes Act 1958 (No. 6231), s399(3).

Criminal law - Motor traffic - Blood alcohol level in excess of .05 per centum - Breathalyser certificate - Expert evidence that breathalyser capable of overestimation - Whether statutory presumption that breathalyser is accurate - Motor Car Act 1958 (No. 6325), s80F(1), Seventh Schedule.

Debt - Recovery - Judgment debt - Application for order that debt be paid by instalments - Notice of objection against refusal by Master to make order - Nature of hearing before Judge - "Instalment order" - Whether order resulting in increasing debt is "instalment order" - "Judgment debt" - Whether "judgment debt" includes interest - Judgment Debt Recovery Act 1984 (No. 10063), s3, s6(5).

Practice and procedure - Insolvent company ordered to be wound up - Appeal against winding-up order dismissed - Application for stay of winding up pending appeal to Privy Council - Jurisdiction of Full Court - Locus standi of company in liquidation to seek stay - Long delay in making application - Factors relevant to determination of application - Supreme Court Act 1958 (No. 6387), s218 - Order in Council (UK) of 23 January 1911, r6.

Criminal law - Trafficking in cannabis - Meaning of "possession" - Meaning of "occupation" - Joint venture - Aiding and abetting - Meaning of "trafficking" - Method by which jury may reach verdict - Significance of failure of counsel to object - Drugs, Poisons and Controlled Substances Act 1981 (No. 10002), s5, s70, s71, s73.

Limitation of actions - Application for extension of period during which action may be brought - Court's discretion - Delay prior to expiration of limitation period - Circumstances of case - Period expired due to neglect of applicant's legal advisers - Existence of cause of action against applicant's legal advisers - Limitation of Actions Act 1958 (No. 6295), s23A.

Criminal law - Mens rea - Statutory offence - Whether proof of mens rea necessary - Whether wilful blindness may constitute constructive knowledge - Customs Act 1901 (Cth.), s233B(1)(b) - Crimes Act 1958 (No. 6231), s568.

Magistrates - Practice and procedure - "Alternative procedure" under s84 of Magistrates (Summary Proceedings) Act 1976 - Whether informant must "lay" information - Whether s165 of Magistrates (Summary Proceedings) Act 1975 applies - Magistrates (Summary Proceedings) Act 1975 (No. 8731), s84, s165.

Legal practitioners - Application to have solicitor struck off roll or suspended - Solicitor found not guilty of criminal offences on ground of insanity - Solicitor ordered detained at Governor's pleasure - Whether solicitor fit and proper person to practise.

Criminal law - Jury - Criminal trial - Deliberation upon verdict - Risk of communication with outsiders - Whether new trial should be ordered - Whether proviso to s568(1) of the Crimes Act 1958 applies - Crimes Act 1958 (No. 6231), s568(1).

Legal practitioners - Admission to practise as barrister and solicitor - Application by candidate to be excused from taking oath of allegiance - Resident foreign national - Test for exercise of discretion - Degree of prejudice to sustain application - Legal Profession Practice Act 1958 (No. 6291), s5(2).

Practice and procedure - Class action - Joinder of plaintiffs - Whether relief sought in respect of same series of transactions - Plaintiff seeking relief in respect of contractual obligations owed by other persons under separate contracts made with defendant - Supreme Court Act 1958 (No. 6387), s62(1C) - Rules of Supreme Court, O. 16, r1.

Legal practitioners - Application for readmission to practise by former practitioner who had been struck off roll - Power of Court to readmit - Matters for Court's consideration in determining application - Applicant swearing affidavit tending to mislead Court - Repayment of moneys to Solicitors Guarantee Fund without interest - Whether remorse or repentance demonstrated.

Criminal law - Evidence - Conspiracy to sell heroin - Royal Commissions - Alibi - Compellability of spouse - Unsworn statement - Admissibility of acts and declarations of co-conspirators - Evidence of accomplices - Corroboration - Circumstantial evidence - Direction to jury - Criminal procedure - Conspiracy count not bad for duplicity because evidence establishes additional conspiracies - Sentence - Royal Commissions Act 1902 (Cth.), s6D - Crimes Act 1958 (No. 6231), s399A, s399B, s400 - Evidence Act 1958 (No. 6246), s25.

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

Criminal law - Murder - Provocation - Proportionality of accused's response - Whether separate element of defence.

Evidence - Character - Use to which evidence of accused's good character may be put by jury.

Statute - Subordinate legislation - Statutory rules - Preparation - Guidelines - Regulatory impact statements - Publication - Failure to publish in accordance with guidelines and statements - Whether Court can enforce compliance - Subordinate Legislation Act 1962 (No. 6886), s11, s12, Schedules 2, 3.

Insurance - General liability policy - Construction of policy - Exclusion of indemnity for injury to person "in the service of" insured - Transfer of worker from general employer to insured's workforce - Worker subject to control and direction of insured - Preservation of contract of service with general employer - Whether worker "in the service of" insured.

Insurance - General liability policy - Scope of cover - Indemnity for insured's liability to pay "compensation in respect of personal injury" - Injury to worker hired from general employer - Payment of workers compensation by general employer - Action by injured worker - Judgment against insured - Statutory liability of insured to reimburse general employer for workers compensation payments - Entitlement to indemnity from insurer - Workers Compensation Act 1958 (No. 6419), s62(1)(b).

Criminal law - Evidence - Prosecutor calling witness but leading no evidence from him - Obligations of Crown in respect of witnesses.

Criminal law - Sentence - Attempted rape - Significance of plea of guilty - Crimes Act 1958 (No. 6231), s45 - Interpretation of Legislation Act 1984 (No. 10096), s52 - Penalties and Sentences Act 1985 (No. 10260), s4.

Statute - Retrospective operation of legislation - Provision that court may take into account plea of guilty in passing sentence - Whether applicable to offence committed prior to provision's enactment - Penalties and Sentences Act 1985 (No. 10260), s4.

Criminal law - Theft - Whether intention conditional upon future contingencies sufficient - Crimes Act 1958 (No. 6231), s72, s73(12).

Bankruptcy - Provable debts - Annulment of bankruptcy - Release of provable debts - Tax imposed after annulment upon events occurring before bankruptcy - Tax could not be imposed until after annulment - Whether provable debt - Meaning of "contingent debt" - Bankruptcy Act 1966 (Cth.), s74, s75 and s82 - Taxation (Unpaid Company Tax) Assessment Act 1982 (Cth.), s5 and s13.