Criminal law - Forgery - Materiality - Intent to defraud - Falsely signing attestation clause in deed - Whether forgery.

Superannuation - Fund providing accumulated and death benefits - Application for membership - Duty of applicant to disclose material facts - Test of materiality - Effect of non-disclosure and misrepresentation - Whether statement of opinion or fact - Restitutio in integrum.

Arbitration - Charterparty - Time bar - Limitation imposed by Hague Rules - Expiry of time limit - Order extending time - Whether cause of action revived - Exercise of discretion to extend time - Commercial Arbitration Act 1984 (No. 10167), s48.

Contract - Restraint of trade - Contract of personal service - Professional football player - Restraint during period of service - Whether unreasonable. Injunction - Contract of personal service - Professional football player - Restraint of breach of contract - Injunction to restrain breach of negative covenant.

Contract - Uncertainty - Terms to be agreed and failing agreement to be determined by arbitrator - Whether concluded agreement.

Injunction - Contract of personal service - Professional football player - Restraint of breach of contract - Breach of negative covenant - Whether negative injunction will go to encourage defaulting party to perform contract.

Criminal law - Sentence - Murder - Requirement that punishment be proportionate to crime - Circumstances in which sentence of life imprisonment appropriate - Crimes Act 1958 (No. 6231), s3.

Administrative law - Freedom of information - Right of access to documents - Exemptions - Document prepared by consultants under contract with Department - Whether "prepared by a Minister" - Freedom of Information Act 1982 (No. 9859), s28(1)(b).

Companies - Liquidator - Priorities - Debenture - Tax deductions by company from wages of employees - Trustee in whom company's property vested liable to pay amount due in priority to other debts - Whether liquidator trustee - Whether trustee obliged to pay amount due from particular assets - Whether "control" requires physical possession of property - Income Tax Assessment Act 1936 (Cth), s221P.

Criminal law - Jurisdiction of Children's Court - Armed robbery and conspiracy to commit armed robbery - Whether suitable for summary determination - Relevant considerations - Children's Court Act 1973 (No. 8477), s14, s15, s26.

Practice and procedure - Arbitration - Security for costs - Power to make order under Rules of Court - Inherent jurisdiction - Impecunious claimant - Whether ground for ordering security - Commercial Arbitration Act 1984 (No. 10167), s47; Rules of the Supreme Court, r62.02.

Companies - Debenture - Company with assets in Victoria and Queensland - Debenture not registered in Queensland - Receiver appointed to Victorian assets - Provisional liquidator appointed receiver of Queensland assets - Whether whole of property passed to control of trustee - Different property passing to different trustees - "Control" - Income Tax Assessment Act 1936 (Cth), s221P.

Companies - Receivers and managers - Priorities - Amounts due to employees in priority to debenture holder - Statute - Amendment - Retrospective operation - Companies (Victoria) Code, s331, s441(e) and s441(g) - Companies and Securities Legislation (Miscellaneous Amendments) Act (Cth), s105.

Practice and procedure - Preliminary discovery - Examination before action - Ascertaining description of prospective defendant - Purpose of rule - Whether rule permits ascertainment of which of a number of identified potential defendants was person liable - Whether reasonable inquiries made - Discretion - Rules of the Supreme Court, r32.03, r32.05.

Criminal law - Driving offences - Driving under the influence of alcohol - Whether notice requiring attendance of breathalyser operator may be sent by post - Motor Car Act 1958 (No. 6325), s80D, s80F, s81A, s81AA, Schedule 7.

Limitation of actions - Application for extension of period during which action may be brought - Whether just and reasonable - Onus - Availability of evidence to support cause of action - Prospects of success of proposed action - Exercise of court's discretion - Limitation of Actions Act 1958 (No. 6295), s23A.

Bankruptcy - Provable debts - Tax imposed after discharge of bankrupt - Tax could only be imposed after discharge - Whether tax provable debt - Assessment under Taxation (Unpaid Company Tax) Assessment Act 1982 (Cth) - Bankruptcy Act 1966 (Cth), s82.

Building contract - Fixed price contract - Progress payments - Certificates that work satisfactorily completed - Effect of certificates when contract determined - Building materials paid for by builder in advance - Whether builder could claim for losses on materials - Materials delivered to site but recovered - Whether property passed to owner upon payment or delivery.

Criminal law - Sentence - Murder - Remissions - Parole - Adequacy of sentence - Crimes Act 1958 (No. 6231), s3, s567A - Community Welfare Services Act 1970 (No. 8089), s195 - Penalties and Sentences Act 1985 (No. 10260), s17, s18A, s19A - Corrections Act 1986 (No. 117), s59, s60, s113.

Appeal - From Master of County Court - Special leave - Considerations relevant for grant of leave - Rules of the Supreme Court, r5803.

Limitation of actions - Application for extension of time - Personal injury - Applicant unaware of right to commence proceedings - Delay in making application once rights known - Limitation of Actions Act 1958 (No. 6295), s23A.

Statute - Interpretation - Rights conferred by other statute - Act not to be construed as taking away private rights without compensation - Commercial fishing licence - Licence entitling holder to fish in particular waters - Direction to cease fishing - Whether direction authorised by Act - National Parks Act 1975 (No. 8702), s21, s43.

Practice and procedure - Interlocutory application - Affidavits - Whether party may rely on affidavit filed in same proceeding but for different application by different party - Rules of the Supreme Court, r40.02.

Contempt of court - Accused - Refusal to answer question - Technical contempt - Interference with course of justice - Magistrates' Courts Act 1971 (No. 8184), s46.

Statute - Interpretation - "Commissioned to sell" - "Sell" - Whether authority should be conferred by contract - Estate Agents Act 1980 (No. 9428), s50, s55(3).

Administrative law - Estate agent - Appeal on question of law - Penalty imposed by Tribunal - Whether penalty manifestly excessive - Whether question of law raised - Administrative Appeals Tribunal Act 1984 (No. 10155), s52(1).

Practice and procedure - Application for order to review - Supporting affidavit - Whether original affidavit and exhibits must be filed to establish prima facie case - Time for making application - Time expiring on public holiday - Extension to next day which is not a holiday - Magistrates' Courts Act 1971 (No. 8184), s88(1) - Interpretation of Legislation Act 1984 (No. 10096), s44.

Injunction - Interlocutory - Contract - Restraining breach of negative term - Balance of convenience - Whether damages adequate remedy.

Criminal law - Possession - Drug of dependence - Burden of proof - Accused to satisfy judge that possession not for purposes of trafficking - Drugs, Poisons and Controlled Substances Act 1981 (No. 9719), s71, s72, s73.

Practice and procedure - Mode of trial - Plaintiff selecting trial by jury - Power to order issues of fact and law be heard and disposed of before trial - Power to order different modes of trial - Rules of Supreme Court, O.36, r6 and r8.

Stamp duty - Assessment - Debenture stock trust deed - Unlimited amount secured upon property - Further advances - Ad valorem assessment - Deemed instruments - Pro-rating provisions - Duty assessable by reference to value of security in Victoria - Applicable to instrument executed on or after 1 January 1982 - Whether applicable to deemed instruments - Stamps Act 1958 (No. 6375), s28, s137DA(1), s137F(2)(a) and s137F(2)(b), s137LA.

Companies - Debenture - Floating charge - Receiver - Costs, expenses and remuneration - Receiver appointed out of court after appointment of liquidator - Realisation by receiver of assets subject to charge - Declaration invalidating charge except as to certain sum - Receiver's entitlement to resort to realised fund for his costs, expenses and remuneration - Companies (Victoria) Code, s452.

Arbitration - Award - Appeal - Leave to appeal to Supreme Court refused - Leave to appeal from refusal also refused - Jurisdiction of Full Court to entertain applications for leave to appeal - Commercial Arbitration Act 1984 (No. 10167), s38.

Damages - Personal injuries - Matters to be considered in reduction of damages - Payments under Motor Accidents Act - Whether deductible from whole damages - Whether deductible from damages for loss of earning capacity - Motor Accidents Act 1973 (No. 8429), s25, s79.

Contract - Credit - Regulated loan contract - Repayment of loan prior to due date - Calculation of accrued credit charge for early payment - Whether period between provision of loan and payment of first instalment should be counted as interval between payments - Credit Act 1984 (No. 10097), Sch. 1.

Criminal law - Statutory interpretation - Bail - Meaning of "released on bail" - Bail Act 1977 (No. 9008), s18A.

Criminal law - Evidence - Rape - Corroboration - Crimes Act 1958 (No. 6231), s62(3).

Practice and procedure - Discovery - Affidavit of documents - Documents not in possession of litigant - Documents may be obtained by litigant on request - Documents to which litigant is entitled to access under Freedom of Information Act - Whether discoverable - Rules of the Supreme Court, r29.

Guarantee and surety - Joint and several guarantee - Material alteration - Addition of wrong place and date of execution - Striking witness's signature and adding another signature - Whether operation of instrument altered.

Companies - Statute - Retrospective operation - Prohibition from acting as director or promoter of corporation - Interpretation of Companies (Victoria) Code - Whether Interpretation of Legislation Act 1984 applicable to Code - Implication that provision retrospective - Protection of public - Companies (Victoria) Code, s562A - Interpretation of Legislation Act 1984 (No. 10096), s14.

Companies - Debenture - Debenture charging whole undertaking - Other debenture limited to book debts - Receiver appointed to whole undertaking - Other receiver appointed to book debts - Whether control of property passed to first receiver - Control of equity of redemption and of all other property passing to first receiver - Whether control of whole property which could pass - Income Tax Assessment Act 1936 (Cth) s221P.

Administrative law - Racial discrimination - Evidence required to prove discrimination - When inferences of discrimination can be drawn - Equal Opportunity Act 1984 (No. 10095), s17, s21, s45 and s46.

Practice and procedure - Summons - Service - Extension of return date by Prothonotary - Power - Extension of return date by judge after date passed - Service outside jurisdiction - Irregularities - Failure to endorse summons - Failure to obtain leave to proceed - Effect of irregularities - Whether proceedings a nullity - Waiver - Service and Execution of Process Act 1901 (Cth), s5, s6, s11.

Limitation of actions - Application for extension of period during which action may be brought - When application made - Delay in serving summons - Prejudice - Limitation of Actions Act 1958 (No. 6295), s23A.

Insurance - Public liability policy - Exclusion clause - Construction - Liability excluded for injury arising out of release or escape of "smoke, vapours, soot or fumes" - Dust released in unloading operation - Ambiguity - Irrational and unjust consequences.

Criminal law - Theft - Appropriation - Assumption of owner's rights - Crimes Act 1958 (No. 6231), s72, s73.

Criminal law - Rape - Identification - Voice identification - Admissibility of photofit.

Contract - Credit - Regulated loan contract - Unjust contract - Application to reopen - Jurisdiction of Small Claims Tribunal to entertain application - Jurisdiction to make orders affecting recipient of commission charge - Circumstances in which person other than credit provider or mortgagee may be joined - Credit Act 1984 (No. 10097), s36, s42, s43, s146, s148 - Small Claims Tribunals Act 1973 (No. 8486), s2(3A) - Credit (Administration) Act 1984 (No. 10091), s66.

Guarantee and surety - Whole moneys guarantee - Bankruptcy of debtor - Proof - Payment by surety - Reduction of proof - Whether payments by surety should be deducted from creditor's proof - Nature of rights of creditor, surety and debtor.

Criminal law - Occupational health and safety - Failing to provide safe working environment - Whether number of offences created - Information - Information specifying number of acts as constituting failure - Information bad for duplicity - Informant put to election - Occupational Health and Safety Act 1985 (No. 10190), s21, s47 - Magistrates (Summary Proceedings) Act 1975 (No. 8731), s6, s97, s157.

Legal practitioners - Counsel's duties - Attack on witness - Allegation of corruption - Duty of counsel to ensure that evidence exists justifying allegation.

Passing off - Trade name - Use of name "Sleigh" - Parties not rival traders - No deceit or intentional misrepresentation - Inconvenience and confusion - Whether damage presumed on proof of passing off.

Statute - Interpretation - Requirement that application shall be heard within 60 days - Whether mandatory or directory - Accident Compensation Act 1985 (No. 10191), s117(5).

Workers compensation - "Earnings" - Average weekly earnings - Calculation - Whether expenses incurred in deriving earnings should be deducted - Accident Compensation Act 1985 (No. 10191), s93, s94 and s95.

Administrative law - Police - Police Complaints Authority - Authority informed that persons wished to complain about police conduct - Response by Authority - Public invitation to provide information about conduct of police - Whether invitation within power - Police Regulation Act 1958 (No. 6338). s86L, s86N.

Criminal law - Sentence - Power of Court to recall or alter order or judgment - Duties of prosecution and defence to place information before Court - Evidence in mitigation.

Criminal law - Evidence - Conspiracy to defraud the Commonwealth - Tax avoidance scheme - Unsworn statements - Sentence - Evidence Act 1958 (No. 6246), s25 - Crimes Act 1914 (Cth), s35, s86.

Injunction - Mareva injunction - Jurisdiction - Inherent power - Applicable principles - Breadth of injunction - Whether injunction goes to restrain dealing with assets outside jurisdiction - Supreme Court Act 1986 (No. 110), s37.

Injunction - Mareva injunction - Jurisdiction - Inherent power - Assets outside Victoria - Whether inherent power extant - Whether assets need ever to have been within Victoria - Statutory construction - Enabling provision - Supreme Court Act 1986, s37(3).

Insurance - Marine insurance - Ship damaged - Reasonable cost of repairs - Cost of towage - Cost of returning tug - Advantages accruing to assured by towage - Whether advantage should be taken into account - Marine Insurance Act 1909 (Cth), s61, s62, s75.

Insurance - Motor vehicle insurance - Workers compensation insurance - Injury to employee arising from use of motor vehicle during employment - Employer insured against workers compensation liability - Employer insured against damages liability by a motor vehicle insurer - Payment of workers compensation to worker - Worker subsequently recovering damages from employer - Verdict reduced by amount of workers compensation - Liability of motor vehicle insurer to indemnify employer for unreduced award of damages - Right of workers compensation insurer to recover amounts paid to employer - Workers Compensation Act 1958 (No. 6419), s5, s62, s79 - Motor Car Act (1958) (No. 6325), s46.

Companies - Debenture - Mortgagee in possession under debenture - Whether "trustee" - Whether in control of property in fiduciary capacity - Income Tax Assessment Act 1936 (Cth), s6(1), s221P.

Criminal law - Evidence - Theft - Handling stolen goods - Doctrine of recent possession - Inferences to be drawn from silence - Significance of a caution - Privilege against self-incrimination - Requirement that handling be otherwise than in course of stealing - Consequences where evidence does not show whether theft or handling committed - Crimes Act 1958 (No. 6231), s72, s88.

Administrative law - Small Claims Tribunal - Jurisdiction - Claim in excess of jurisdictional limit - Reduction of claim - Proper course to be followed by referee - Natural justice - Determination to conduct "view" of premises - Duty of referee to explain purpose of view and consequences of failure to co-operate - Duty of referee to afford party opportunity of addressing Tribunal before making final order - Small Claims Tribunal Act 1973 (No. 8486), s32(2).

Practice and procedure - Administrative law - Order to review - Addressed to one only of two relevant parties - Whether curable under slip rule - Objection to validity of order - Proper time for taking objection - Whether objection can be taken on return of order - Administrative Law Act 1978 (No. 9234), s3.

Arbitration - Award - Leave to appeal from arbitrator's award - Applicable principles - Commercial Arbitration Act 1984 (No. 10167), s38.

Search warrants - Criminal law - Legal professional privilege - Whether warrant should state that it does not apply to documents protected by legal professional privilege - Power and duty of executing officer - Power and duty of justice - Procedure for dealing with claims of legal professional privilege - Crimes Act 1958 (No. 6231), s465.

Criminal law - Evidence - Aggravated rape - Intentionally causing injury without lawful excuse - Burden of proof - Evidence of distress - Evidence of complaints - Crimes Act 1958 (No. 6231), s18, s45, s410.

Criminal law - Evidence - Circumstantial evidence - Relevance - Evidence Act 1958 (No. 6246), s58A.

Damages - Assessment - Action by client against solicitor for failing to bring proceedings - Loss of chance to recover damages for personal injuries - Date at which damages to be assessed - Measure of damages - Matters to be considered in assessing damages.

Legal practitioners - Barrister - Negligence - Immunity from suit - Basis of immunity - Conduct of cause in court - Legal Profession Practice Act 1958 (No. 6291), s10.

Criminal law - Evidence - Customs offences - Averments - Customs Act 1901 (Cth), s36, s233(1), s234(1), s255 - Customs Tariff Act 1982 (Cth), s18(1), s157, s159.

Practice and procedure - Verdict - General verdict - Questions to jury and answered - Neither party insisting on general verdict - General verdict by implication - County Court Act 1958 (No. 6230), s73.

Legal practitioners - Solicitors - Discipline - Reference by secretary of Law Institute of allegations of misconduct to Solicitors' Disciplinary Tribunal - Approval of reference by members of Council of Law Institute - Duties of members in granting approval - Nature of matter to be referred - Identification of matter - Jurisdiction of Solicitors' Disciplinary Tribunal - Duty to inform solicitor of facts constituting charge against him - Legal Profession Practice Act 1958 (No. 6291), s28(4), s31(1)(d).

Injunction - Interlocutory - Principles - Contract - Unilateral termination - Injunction to restrain breach of implied negative covenant - Balance of convenience - Discretion.

Customs - Classification - Identification of goods - Related units - Whether to be identified separately or in combination - Test for identification - Functional unit - Whether components so interconnected as to be subsumed in whole - Conspiracy - Fraud - Standard of proof - Falsity - Incorrect tariff number - Seizure - Reasonableness - Failure to follow guidelines - Customs Act 1901 (Cth), s38B(7), s203(2), s229(1), s234(d) - Customs Tariff Act 1982 (Cth), Sch. 3, items 84.22, 84.59, 84.22.990, 84.22.900.

Local government - Determination of referees to vary Uniform Building Regulations - Whether binding on owner for time being of building - Power to make determination granting dispensation temporarily subject to conditions - Whether determination of referees is an award - Local Government Act 1958 (No. 6299), s925, s926; Sch. 33, CL5, CL7, CL8 - Uniform Building Regulations, reg2011, reg2808.

Sale of land - Land subject to determination of referees under Sch. 33 of Local Government Act 1958 - Bona fide purchaser for value without notice becoming registered proprietor of land - Whether bound by determination - Transfer of Land Act 1958 (No. 6399), s42.

Contract - Benefit and burden - Existence of principle.

Criminal law - Evidence - Trafficking in heroin - Entrapment - Discretion to reject illegally or improperly obtained evidence - Drugs, Poisons and Controlled Substances Act 1981 (No. 9719), s51.

Practice and procedure - Offer of compromise - Action for personal injuries - Contribution proceedings - Offer of contribution - Costs - Exercise of Court's discretion - Rules of the Supreme Court, r2610.

Statute - Interpretation - "Abattoir" - "Meat establishment" - "Place" - Abattoir and Meat Inspection Act 1973 (No. 8404), s2(1), s18(1), s21(1).

Criminal law - Evidence - Giving secret commission - Onus of proof - Meaning of "corruptly" - Sentence - Crimes Act 1958 (No. 6231), s176(2), s186(2).

Limitation of actions - Application for extension of period during which action may be brought - Application made after writ issued - Period within which application must be made - Power to make order nunc pro tunc - Limitation of Actions Act 1958 (No. 6295), s23A.

Damages - Special damages - Personal injuries - Pecuniary loss prior to trial - Transport Accident Act 1986 (No. 111), s175(1).

Contract - Credit - Regulated loan contract - Credit provider - Failure to obtain licence - Application by credit provider for order that debtor's liability should be increased - Finding that failure ought reasonably to be excused as to part of period during which provider unlicensed - Powers of Small Claims Tribunal - Credit Act 1984 (No. 10097), s85(2)(a).

Appeal - Competence Small Claims Tribunal - Tribunal making orders in respect of many regulated loan contracts - Contracts involving amounts of less than $3000 but in aggregate involving $650,000 - Whether appeal competent - Credit (Administration) Act 1984 (No. 10091), s82 - Credit Act 1984 (No. 10097), s85, s86.

Criminal law - Evidence - Driving a motor car with a blood alcohol content in excess of .05 per centum - Effect of repeal of Motor Car Act 1958 (No. 6325) - Effect of saving of substantive provisions on evidentiary provisions - Power to adjourn - Motor Car Act 1958 (No. 6325), s80F, s81A, s89A, Seventh Schedule - Road Safety Act 1986 (No. 127), s101 - Interpretation of Legislation Act 1984 (No. 10096), s14 - Magistrates (Summary Proceedings) Act 1975 (No. 8731), s81A.

Statute - Interpretation - Repeal - Saving provisions - Effect of saving provisions on evidentiary provisions - Motor Car Act 1958 (No. 6325), s80F, s81A, s89A, Seventh Schedule - Road Safety Act 1986 (No. 127), s101 - Interpretation of Legislation Act 1984 (No. 10096), s14 - Magistrates (Summary Proceedings) Act 1975 (No. 8731), s81A.

Criminal law - Procedure - Juries - Chief Commissioner of Police providing Director of Public Prosecutions with details of prior criminal history of prospective jurors - Propriety - Juries Act 1967 (No. 7651), s4, s5, s21, s67, Schs2 and 3.

Criminal law - Customs offence - Procedure - Information - Whether interstate or territorian justice of the peace can lay Victorian information - Whether Victorian magistrate adjourning that information amounts to laying it - Magistrates (Summary Proceedings) Act 1975 (No. 8731), s5, s17 - Magistrates' Court Act 1971 (No. 8184), s22A.

Criminal law - Evidence - Keeping brothel without permit - Burden of proving absence of permit - Meaning of brothel - Vagrancy Act 1966 (No. 7393), s11 - Planning (Brothels) Act 1984 (No. 10094) - Town and Country Planning Act 1961 (No. 6849).

Companies - National Companies and Securities Commission - Exercise of powers by division of Commission - Power to hold hearing - Hearing before division - Resolution to hold hearing - Whether hearing validly constituted - Reasonable grounds to suspect that offence may have been committed - Nature of suspicion - Whether particular offence should be nominated - National Companies and Securities Commission Act 1979 (Cth), s21(1), s36(1) - Companies (Victoria) Code, s16A.

Criminal law - Sentence - Manslaughter - Circumstances in which court should allow discount for plea of guilty - Circumstances in which court should direct prisoner be ineligible for pre-release - Penalties and Sentences Act 1985 (No. 10260), s4, s19 - Corrections Act 1986 (No. 117), s80, s82, s84.

Criminal law - Procedure - Date of conviction - When plea of guilty accepted - Crimes (Confiscation of Profits) Act 1986 (No. 101), s3, s5, s31, s51 - Supreme Court (Confiscation of Profits) Rules 1987 - Drugs, Poisons and Controlled Substances Act 1981 (No. 9719), s85, s86 - Crimes Act 1958 (No. 6231), s567A.

Defamation - Pleadings - Justification - Particulars - Whether defendant entitled or obliged to plead meanings sought to be justified - Qualified privilege - Reply to attack - Whether qualified privilege extends to reply by defendant to retort by plaintiff.

Administrative law - Locus standi - Sales tax - Tax payable by vendor in last wholesale sale - Lessee of goods under potential obligation to pay amount equivalent to sales tax - Standing of lessee to seek declaration that goods exempt from sales tax.

Easement - Torrens title land - Abandonment - Application of common law principles - Evidence of abandonment - 30 years non-user - Intention of grantee - Transfer of Land Act 1958 (No 6399), s42(1), s73.

Courts - Legal practitioners - Intervention orders - Right to make complaint - Right to appear - Member of police force who is not legal practitioner and who has not laid complaint - Crimes (Family Violence) Act 1987 (No 19), s7 - Legal Profession Practice Act 1958 (No 6291), s111.