Practice and procedure - Writs - Renewal - Grounds - Service deferred pending outcome of related proceedings - Whether "good reason" - Supreme Court Rules, 0.8, r1.

Courts - Court from which appeal lies - Duty to state adequate reasons for decision - Test of adequacy.

Criminal law - Sentence - Possession of heroin - Whether sentencing judge entitled to take into account circumstances of aggravation warranting conviction for more serious offence - Drugs, Poisons and Controlled Substances Act 1981 (No. 9719), s70, s73.

Appeal - Sufficiency of materials before appellate court - Duty of appellant - Consequence of failure of appellant to place sufficient evidence before court to support appeal.

Courts - Court from which appeal lies - Duty upon judge or magistrate adequately to record evidence.

Legal practitioners - Unqualified person - Acting or practising as solicitor - Offering to do solicitor's work - Preparation of superannuation trust deeds - Legal Profession Practice Act 1958 (No. 6291), s90(7).

Arbitration - Costs - Offer to compromise by letter - Whether offer of compromise under Rules - Whether O.26 applies to arbitrations - Application to Supreme Court on question of law - Leave to apply - Disputed question of costs - Whether leave should be granted - Whether letter before hearing otherwise admissible on costs - Commercial Arbitration Act 1984 (No. 10167), s34(5A), s38(4)(b), s38(5)(a), s39(1)(a), s39(2) - Rules of Supreme Court, O.26.

Bankruptcy - Preferences - Avoidance - Payment by B to C in discharge of A's liability to C - Whether payment by A to C - Whether void against liquidator - Companies (Victoria) Code, s451 - Bankruptcy Act 1966 (Cth), s122.

Indemnity - Contractual right to indemnity - Whether "property" - Whether capable of disposition - Whether disposed of upon satisfaction of debt by indemnifier - Companies (Victoria) Code, s368.

Criminal law - Motor traffic - Whether driving car in connection with commission of offence - Sentence - Power to suspend licence - Road Safety Act 1986 (No. 127), s28.

Courts - Criminal proceedings - Open court - Prohibition on identifying court - Judge named in radio broadcast - Whether name of judge identified court - Notice of prohibition order - "Copy" - Contents of notice - Whether signature of Registrar sufficient - Proof of order - Whether offence of strict liability - County Court Act 1958 (No. 6230), s80.

Courts - Criminal proceedings - Open court - Offence of sexual kind - Prohibition of publication of particulars likely to lead to identification of victim - Publication of name of judge - Whether publication prohibited - Whether offence of strict liability - Judicial Proceedings Reports Act (No. 6280). s4.

Criminal law - Murder - Parties - Requirement that crime be committed by principal offender - Doctrine of common purpose - Accessory before the fact - Doctrine of innocent agency - Acting in concert - Conspiracy - Power to order re-trial - Sentence - When court need not fix minimum term - Crimes Act 1958 (No. 6231), s3A, s6A, s317, s322B - Penalties and Sentences Act 1985 (No. 10260), s17.

Accident compensation - Worker - Injury in course of employment - Claim for damages against employer - Whether claim barred by Accident Compensation Act 1985 - Whether proceedings in respect of injury for which worker entitled to compensation under Act - Accident Compensation Act 1985 (No. 10191), s4, s135.

Execution - Writ of fieri facias - Property seized for sale - Fishing licence - Whether property which can be seized and sold - Nature of rights conferred by fishing licence - Whether transferable by Sheriff - Fisheries Act 1968 (No. 7780), s3, s6A, s6B, s6C, s13, s13AA, s14 - Fisheries Act 1952 (Cth), s9(a) - Property Law Act 1958 (No. 6344), s219 - Supreme Court Act 1986 (No. 110), s115(1) - Property Law Act 1958 (No. 6344) - Supreme Court Rules, r6902, r6905(1).

Insurance - Fire - Buildings - Reinstatement - Extra costs clause - Compliance with requirements of building law - Increased cost - Replacement building larger and better than destroyed building - Whether increased costs relate to reinstatement.

Limitation of actions - Application for extension of period during which action may be brought - Whether just and reasonable - Onus - Weight to be given to hardship to applicant or respondent - Delay - Limitation of Actions Act 1958 (No. 6295), s23A.

Contempt - Royal Commissions - Contempt of Royal Commission - Non-publication order - Admissibility of evidence - When magistrate's order of dismissal may be set aside - Royal Commissions Act 1902 (Cth), s6D, s6DD - Evidence Act 1958 (No. 6246), s30.

Landlord and tenant - Lease - Repudiation by lessee - Acceptance of repudiation - Damages - Whether damages affected by alteration in lessor's interest in leased property - Loss of bargain.

Guarantee - Lease - Repudiation by lessee - Acceptance of repudiation - Whether guarantor discharged from liability - Extent of liability under guarantee.

Legal practitioners - Counsel - Counsel appearing for parties whose interests may conflict - Requirement of independent counsel for each party.

Administrative law - Appeal - Appeal on question of law - Decision of Administrative AppeAls Tribunal - Scope of appeal - Administrative Appeals Tribunal Act 1984 (No 10155), S52(1). Accident compensation - Motor vehicles - Compensation for injury - Whether injury caused by or arose out of use of motor vehicle - Motor Accidents Act 1973 (No 8429), s13(2).

Accident compensation - Calculation of pre-injury earnings - Worker's ordinary time rate of pay for worker's normal number of hours per week - Single concept - Whether concept includes overtime - Effect of change in rate of pay during period - Accident Compensation Act 1985 (No 10191), s95(1).

Practice and procedure - Accident compensation - Appeal to Full Court - Notice of appeal in prescribed form required to be given - No notice prescribed - Whether notice in apprapriate form prerequisite to appeal - Accident Compensation Act 1985 (No 1019:1), s68.

Customs and excise - Customs duty - Motor vehicles imported from Japan - Payment made in yeN - Rate of exchange for ascertaining customs value - Rate generally prevailing at date of exportation - Rate available to importer under forward contract - "Fair rate of exchange" - Customs Act 1901 (Cth), s161B(1).

Criminal law - Evidence - Conspiracy - Admissibility of acts and declarations of co-conspirators - Functions of judge and jury.

Family law - Family violence - Prevention order - Family member - "Household" - Persons sharing house - Jurisdiction to make order - Discretion - Crimes (Family Violence) Act 1987 (No 19), s3, s4, s8.

Criminal law - Possession of heroin - Meaning of possession - Customs Act 1901(Cth), s233B.

Criminal law - Procedure - Juries - Chief Commissioner of Police providing Director of Public Prosecutions with details of prior criminal history of prospective jurors - Legality of practice - Whether unfairness arises from practice - Juries Act 1967 (No 7651), s4, s21, s67.

Guardianship - Mentally infirm person - "Person with disability" - Inherent jurisdiction - Parens patriae power - Whether inherent jurisdiction affected by statute - Supreme Court Act 1958 (No 6387), s79B - Guardianship and Administration Board Act 1986 (No 58), s3(1),s66.

Town planning - application for re-subdivision - Power of responsible authority to consent to re-subdivision - Whether land informally arranged into three allotments was subdivided - Number of allotments existing before re-subdivision - Meaning of "before re-subdivision" - Estoppel - Whether Shire may be estopped from denying the power to grant application - Shire of Kilmore Planning Scheme, CL25(2)(c).

Estoppel - Local authority - Power - Ultra vires - Whether Shire may be estopped from denying power to grant application for re-subdivision - Shire of Kilmore Planning Scheme, CL25(2)(a) and (c).

Environment protection - Pollution - Statutory offence - Mens rea - Whether offence of absolute or strict liabiliby - Defence of honest and reasonable mistake - Defence of taking all reasonable care and diligence - Deeming provision - Environment Protection Act 1970 (No 8056), s39(1), s63(2).

Statute - Interpretation - Revenue statute - Amending Act - Retrospective operation - Existing rights not affected - Procedural enactment - Presumption against retrospective operation not applicable - Business Franchise (Tobacco) Act 1974 (No 8597), s18D and s19A.

Contribution - Between tortfeasors - Claim against tortfeasor who was once liable to plaintiff but who is not protected by statute of limitations - Whether tortfeasor is a person who would if sued have been liable - Wrongs Act 1958 (No 6420), s24(1)(c).

Criminal law - Drug offences - Bail - Bail Act 1977 (No 9008), s4,s18A.

Criminal law - Application for confiscation order - Whether application should be supported by affidavit - Crimes (Confiscation of of Profits) Act 1986 (No 101), s5 - Rules of the County Court, 0.57, r4 - Rules of the Supreme Court, Ch VI, O.5.

Criminal law - Evidence - Confessions - Discretion - Principles applicable in determining whether to reject confession.

Criminal law - Sentence - Suitability of prisoner for community based order - Report of community correction officer - Whether officer may be examined on contents of report - Penalties and sentences Act 1985 (No 10260), s28.

Practice and procedure - Order nisi - Order made on defective material - Order discharged - Material required in support of application for order nisi.

Damages - Measure - Valuation of building for mortgage - Uncompleted building - Valuation on completion unexceptionable - Assessment of cost of completion negligent - Basis for assessing damages.

Practice and procedure - Offer of compromise - Certainty - Offer not addressing liability of plaintiffs in third party proceedings - Whether certain - Rules of the Supreme Court r262.

Sale of goods - Auction sale - Breach of condition by auctioneer - Two equal highest bids - Property knocked down to one bidder - Whether property passed - Goods Act 1958 (No 6265), s23,s64(b).

Practice and procedure - Third party notice - Claim for contribution - Service out of Victoria without leave - Whether damage must be suffered before service of notice - Rules of the Supreme Court r701 and r707 - Wrongs Act 1958 (No 6420), s24(1)(c).

Criminal law - Motor traffic - -Blood alcohol level in excess of 0.05 per cent - Breathalyser - Whether breathalyser reading conclusive - Expert evidence - Road Safety Act 1986 (No 127) s47,s49,s50,s55,s58,s78.

Criminal law - Murder - Sentence - Death sentence commuted to imprisonment - Whether minimum term may be fixed - Nature of prerogative of mercy - Time required to be made good in consequence of escape to be taken into account in fixing minimum term - Whether account should be taken of period of pre-sentence detention in fixing minimum term - Penalties and Sentences Act 1985 (No 10260) s14(3)16(1)18A - Crimes Act 1958 (No 6231) s496,s497.

Companies - Winding up - Statutory notice of demand - Overstatement of amount of debt - Effect on notice - Companies (Victoria) Code, s364(2)(a).

Criminal law - Motor traffic - Blood alcohol level in excess of .05 per cent - Administrative law - Natural justice - Refusal of application for adjournment - Bias - Reasonable apprehension of prejudgment - Motor Car Act 1958 (No 6325), s81A.

Criminal law - Motor traffic - Being in charge of motor car while having excess blood alcohol concentration - Meaning of being "in charge" of motor vehicle - Meaning of "start or drive" a motor vehicle - Road Safety Act 1986 (No 127), s48,s49.

Companies - Winding up - Affidavit in support -Requirement that affidavit be made by applicant - Whether requirement directory - Supreme Court (Companies and Securities) Rules 1985, r8.05.

Damages - Exemplary damages - Recklessness - Knowledge of risk of injury - Direction to jury.

Practice and procedure - Appeal - New trial - Misdirection - Principles governing grant of new trial - Substantial wrong or miscarriage - Whether jury misled - Whether verdict would have been different - Duty of judge to direct on law and facts - Rules of the Supreme Court, r6416(2).

Administrative law - Equal opportunity - Allegation that supervisor discriminated against fellow employee - Whether employer liable for that discrimination - Equal Opportunity Act 1984 (No 10095), s34(1).

Courts - Supreme Court - Inherent jurisdiction - Issue of arrest warrant to preserve substance of injunction which has been defied - Supreme Court Act 1986 (No 110) s85.

Practice and procedure - Arrest warrant - Defective warrant - Warrant executed - Arrested person discharged - No prospect of further action in reliance on warrant - Appeal - Whether leave required - Whether defect in warrant curable - No practical purpose served by setting warrant aside - Supreme Court Act 1986 (No 110), s14(4)(b); Rules of the Supreme Court, r201(2)(c).

Sale of land - Compromise of action - Agreement to pay money and transfer land - Agreement signed by council but not by parties - Whether obligation to pay severable from rest of agreement - Instruments Act 1958 (No 6279), s126.

Estoppel - By conduct - Equitable - Promissory - Conduct by party leading to assumption that agreement of compromise would come into being without further intervention by him - Whether party estopped from relying upon statutory entitlement - Instruments Act 1958 (No 6279), s126.

Contract - Credit - Regulated loan contract - Security for loan - Mortgage over property of person to whom loan made - Part of loan applied to purchase of truck - Whether mortgage agreement a regulated loan contract - "Related to " - Credit Act 1984 (No 10097), s30(2).

Industrial law - Industrial dispute - Industrial matters - Harsh, unjust or unreasonable dismissal of employee - Powers of Industrial Relations Commission - Whether former employee can be awarded compensation when reinstatement not ordered - Matters relevant to determination of compensation - Industrial Relations Act 1979 (No 9365), s34.

Negligence - Breach of statutory duty - Scaffolding - Ladder - Whether ladder is scaffolding - Effect of finding of contributory negligence - Contribution between tortfeasors - Indemnity - Implication of term - Distinction between right to indemnity and right to damages Scaffolding Act 1971 (No 8146), S3 and S9 - Wrongs Act 1958 (No 6420), S24.

Criminal law - Evidence - Drug trafficking - Confessions - Discretion Sentence - Crimes Act 1958 (No 6231), s460.

Transfer of land - Lodging of instrument relating to land for registration - Power of Registrar of Titles to require consent of municipality before registration - Power introduced by amendment in 1944 - Whether power confined to plans lodged after commencement of amendment - Statutory construction - Whether Registrar exercised power properly - Transfer of Land Act 1958 (No 6399), s97(3).

Landlord and tenant - Lease - Non-payment of rent - Re-entry by landlord - Forfeiture of lease - Relief from forfeiture - Relevant considerations - Whether failure to pay rent an exceptional circumstance to deny relief - Whether dispute between landlord and tenant arising under retail premises lease - Retail Tenancies Act 1986 (No 106), s21 - Supreme Court Act 1986 (No 110), s85.

Administrative law - Taxi-cab licences - Power of Road Traffic Authority to attach conditions to licences - Whether authority has power to vary contractual arrangements between lessor-owners and lessee-drivers during currency of licence by varying attached conditions - Transport Act 1983 (No 9921), s144, s146.

Contract -Trade and commerce - Petroleum retail marketing franchise - Franchise agreement - Provision allowing franchisor to revoke licence - Whether revocation constitutes termination of agreement - Whether provision void - Provision that franchisee would purchase its total requirements of fuel from franchisor - Whether franchisee had right to purchase some of its fuel requirements from third parties - Meaning of "lawfully able to purchase" - Petroleum Retail Marketing Franchise Act 1980 (Cth), s7 and s16; Petroleum Retail Selling Sites Act 1981 (No 9704), s3.

Bills of exchange - Cheque - True owner - Cheque obtained by fraud - Conversion.

Conversion - Defence - Contributory negligence - Whether contributory negligence defence to conversion.

Local government - Resubdivision of municipal districts - Reduction in number of councillors - Orders by Governor in Council acting on recommendation of minister - Notice of proposal - Whether mandatory or directory - Reasonableness of content and timing of notice - Effect of failure to give reasonable notice - Local Government Act 1958 (No 6299), s24F.

Administrative law - Privative clauses - Order having like force and effect as if enacted in Act - Order not to be deemed invalid on account of non-compliance with preliminary matters - Whether clauses apt to validate order based on recommendation which is null and void - Local Government Act 1958 (No 6299), s28.

Criminal law - Leave to appeal - Sentence - When application for leave may be made - Crimes Act 1958 (No 6231), s359AA, s567 - Penalties and Sentences Act 1985 (No 10260), s67, s70, s77.

Companies - Scheme of arrangement - Exchange of ordinary shares for redeemable preference shares - Independent expert's report - Duties and responsibilities of expert - Duties and responsibilities of persons engaging expert - Communications between expert and those engaging him - Report not expressing genuine opinion - Explanatory statement - Duties of directors - Disclosure of material information - Companies (Victoria) Code, s316(1).

Contract - Formation - Acceptance in principle - Whether binding agreement - No agreement upon essential terms - Whether term may be implied to create enforceable contract - Reasonable price - Goods Act 1958 (No 6254), s13.

Criminal law - Murder - Sentence - Indiscriminate multiple killing - Principles to be applied in fixing sentence and minimum term.

Estoppel - Promissory estoppel - Waiver - Promises by defendant to admit blame and not to plead that action statute barred - Defendant later resiling from promises - Whether it should be permitted to do so - Relevant principles.

Crown - Commonwealth - Tort - Negligence - Armed services - Collision between two naval vessels during peace time manoeuvres - Injury to sailor - Crown liability - Executive necessity - Judiciary Act (Cth), s64.

Practice and procedure - Power to deal with questions of fact and law before jury empanelled - Discretion of trial judge - Rules of the Supreme Court, r4704.

Evidence - Rule in Browne v Dunn - Criminal trial - Discretion to exclude evidence.

Criminal law - Motor traffic - Driving motor vehicle while more than prescribed concentration of alcohol is present in blood - Furnishing sample of breath for analysis within three hours after - Scope of offences - Road Safety Act 1986 (No 127), s48, s49(1)(b), (f), s53, s55.

Defamation - Interlocutory injunction - Principles for grant - Defendant proposing to justify - Evidence required to be adduced by defendant - Freedom of speech - Conspiracy to injure. .

Contempt of court - Publication of defamatory material - Pending proceedings - Further publication of similar material proposed - Whether real risk of serious interference with administration of justice.

Landlord and tenant - Guarantee of lessee's obligations - Sale of reversion without express assignment of guarantee - Effect of sale - Whether assignee of reversion entitled to benefit of guarantee - Whether guarantee enforceable as covenant touching and concerning land - Test of whether covenant touches and concerns land - Liability of tenant for body corporate charges.

Guarantee - Guarantee of lessee's obligations - Whether guarantee enforceable by assignee of reversion without express assignment of guarantee - Whether covenant in guarantee touches and concerns land - Construction - Whether guarantee only enforceable by lessor named therein - Whether guarantee effective only so long as lessee remained in occupation.

Limitation of actions - Action against solicitor - Failing to institute proceedings on behalf of client within limitation period - When cause of action accrues - Date of expiry of limitation period.

Discrimination - Religion - Employee refusing on religious grounds to contribute to fund established by fellow employees - Employee separated from fellow employees by employer after they refused to work with him - Whether discrimination on religious grounds - Equal Opportunity Act 1984 (No 10095), s21(2).

Criminal Law - Assault with intent to rape - Detaining person with intent to take part in act of sexual penetration - Transsexual victim - Whether victim a woman question for jury - Impossibility - Sentence - Crimes Act 1958 (No 6231) s2A, s45, s56.

Legal practitioners - Solicitor - Practising certificate - Refusal to grant Avenues of relief available to solicitor - Whether statutory right of appeal is exclusive avenue of relief - Contribution to Solicitors Liability Fund - Whether practising fee and contribution to fund a "tax" Legal Profession Practice Act 1958 (No 9427), s83, s87, s88, s90.

Companies - Prohibition against insolvents being concerned in or taking part in management of corporation - Whether absence of ultimate responsibility for decision - making relevant - Meaning of "concerned in" - Meaning of "take part in" - Matters to be considered - Statutory construction - Companies (Victoria) Code, s227(1).

Administrative law - Freedom of information - Exempt documents - Disclosure reasonably likely to endanger life or physical safety - "Reasonably likely" Freedom of Information Act 1982 (No 9859), s31(1)(e).

Legal practitioners - Counsel's duties - Address by counsel to jury - Improper assertions - Jury unfairly influenced - Duty of trial judge - Discharge of jury - Power to set aside verdict and order new trial.

Criminal law - Criminal damage to property - Dishonestly with a view to gain destroying or damaging property - Offence may be committed where owner destroys property with view to obtaining market value on insurance - Crimes Act 1958 (No 6231), s197(3), s450A.

Local government - Compulsory acquisition - Compensation - Claim made under old legislation - Claim set down for hearing after interlocutory steps - New legislation passed - Claimant electing to abandon old rights for new - Whether claimant waived right to elect - Whether claimant estopped from exercising right to elect - Whether election made too late - Land Acquisition and Compensation Act 1986 (No. 121), s119, s120.

Practice and procedure - Transfer of proceedings - From County Court to Magistrates' Court - Power to transfer - Trial by jury precluded by transfer - Magistrates' Courts Act 1971 (No. 8184), s50(2A),(2B).

Contract - Penalty - Joint venture agreement - Breakdown provisions - Option to require defaulting party to sell its interest at fair market value less 5 per cent - Whether penalty.

Accident compensation - Construction - Independent contractor - "Deemed worker" - "Deemed employer" - "Relevant contract" - Earnings - "Pre-injury average weekly earnings" - Ascertainment where "deemed" worker - "Partial incapacity" - Entitlement to compensation - Onus of proof - Accident Compensation Act 1985 (No 10191), s9, s94, s95, s113.

Criminal law - Motor traffic - Furnishing sample of breath indicating more than prescribed concentration of alcohol in blood - Meaning of breath analysing instrument - Proof that instrument satisfies definition - Road Safety Act 1986 (No 127), s3, s49(1)(f), s58 - Road Safety (Procedures) Regulations 1987.

Practice and procedure - Party present in court throughout trial to give evidence or instruct counsel - Claim for costs - Whether presence necessary to achieve justice and protect rights - Rules of the Supreme Court, r63.69.

Accident compensation - Estoppel - Res judicata - Recommendation by conciliation division - Effect of recommendation - Whether party estopped per rem judicatam - Whether time limit for application for determination mandatory - Accident Compensation Act 1985 (No 10191), s52, s71, s71A, s82, s101, s103, s108, s109, s117.

Companies - Winding up - Construction company - Insolvency - Project carried on with approval of creditors - Advances by financier to enable completion of project - Specific project creditors contemplated - Liquidation of company - Balance of advance in hands of liquidator - Whether balance held on trust for creditors, financier - Whether project creditors otherwise entitled to priority - Companies (Victoria) Code, s377(1)(b).

Limitation of actions - Extension of time within which action may be brought - Negligence - Several respondents - Evidence of causation - Necessity to show causal connection between particular respondent's negligence and injury - Whether delay prejudicing rights of contribution or indemnity relevant - Limitation of Actions Act 1958 (No 6295), s23A.

Landlord and tenant - Retail tenancy - Jurisdiction - Monthly tenancy constituted by holding over - Notice to quit - Summons to recover possession - Whether dispute between landlord and tenant arising under retail premises lease - Whether jurisdiction of Magistrates' Court excluded - Whether holding over creates lease - Retail Tenancies Act 1986 (No 106), s3, s13(1), s21, s22.

Accident compensation - Motor vehicles - Compensation for injury - Injury arising out of use of motor vehicle - Child placed in car in anticipation of and preparatory to departure - Car engine being adjusted by mechanics - Child suffering brain damage from inhalation of carbon monoxide - "Transport accident" - Transport Accident Act 1986 (No 111), s3.

Coroners - Inquest - Powers of investigation, comment and recommendation - Extent of powers - Matters "connected with" death - Coroner's Act 1985 (No 10257), s17(1), s19(2), s21(2).

Administrative law - Remedies - Declaration - Prohibition - Whether State Coroner amenable.