Criminal law - Murder - Provocation - Defence of provocation may be available where based on delusional beliefs.

Companies - Winding up - Liquidator - Appointment of - Conflict of interest - Independence of liquidator.

Appeal - Appeal by successful party - Regular judgment - Application by successful party to set aside judgment - Powers of court - When exercised - Injustice to successful party.

Bills of exchange - Cheque - True owner - Cheque lawfully leaving drawer's possession but not reaching payee - Whether drawer remains true owner - Conversion.

Conversion - Cheque - Measure of damages - Subsequent payments to drawer - Payments not by converter - Whether payments should be taken into account to reduce damages.

Administrative law - Freedom of information - Access to documents - Exemption - Cabinet documents - Enactment precluding disclosure of "Cabinet information" - Whether enactment applying to information of particular kind - Freedom of Information Act 1982 (No 9859), s28(1), s38 - Public Service (Unauthorised Disclosure) Regulations 1987, reg3.

Statute - Regulations - Validity - Severability - Public Service Act 1974 (No 8656), s73 - Interpretation of Legislation Act 1982 (No 10096), s22(1) - Public Service (Unauthorised Disclosure) Regulations 1987, reg3.

Defamation - Pleadings - Innuendo - Statement of claim pleading certain meanings - Justification - Whether defendant may plead different meaning and justify that meaning - Whether publication capable of bearing meaning pleaded by defendant - Suspicion of involvement in coup d'etat.

Criminal law - Evidence - Forgery - Expert evidence - Evidence of handwriting expert - Voire dire - Whether standard or control document made by accused to be determined by trial judge on voire dire - Standard of proof on voire dire - Crimes Act 1914 (Cth), s67(b) - Evidence Act 1958 (No 6246), s148.

Local government - Town and country planning - Application for planning permit - Removal of clay - Extractive industry - Whether definition of "Extractive industry" in Extractive Industries Act 1966 imported into planning scheme - Validity of application for planning permit - Documents constituting application - Extractive Industries Act 1966 (No 7499), s2 - Planning and Environment Act 1987 (No 45), s97 - Kilmore Planning Scheme, column 4,5.

Criminal law - Compensation - Entitlement to - "Victim" - Policewoman injured whilst trying to find and arrest offender whom she had not seen - Criminal Injuries Compensation Act 1983 (No 9992), s3.

Administrative law - Administrative Appeals Tribunal - Appeals to Supreme Court - Question of law - Whether decision open to tribunal - Administrative Appeals Tribunal Act 1984 (No 10155), s52.

Accident compensation - Industrial deafness - Partial loss of hearing Attributable to exposure before and after appointed day - Whether whole of compensation assessable under s98 of Accident Compensation Act 1985 Accident Compensation Act 1985 (No 10191), s4, s5, s82, s88, s98 and s129.

Companies - Winding Up - Resolution by directors to apply for winding up order - Objection by director - Directors' power to make application - Articles of association - Companies (Victoria) Code, s363(1)(a).

Magistrates - Order to review - Practice - Whether an "award" made by magistrate constitutes an order Magistrates' Court Act 1971 (No. 8184), Pt s88(1).

Equity - Fiduciary relationship - Proprietor of business inviting another to purchase share in business - Whether proprietor a fiduciary - Non-disclosure of essential facts - Equitable compensation - Indemnity - Measure of compensation

Real properly - Option to purchase - Whether option creates executory equitable interest - Priorities - Failure of option holder to lodge caveat - Subsequent purchaser - Whether option holder's interest postponed - Consideration of an relevant circumstances - Estoppel - Whether acquisition of subsequent interest sufficient to create estoppel - Conveyancing practice - Sale of Land Act 1962 (No 6975), s32.

Negligence - Negligent misstatement - Duty of care - Pre-contractual negotiations - Proximity - Reliance - Whether reliance placed on representations - Whether representations untrue.

Accident compensation - Levy - Labour agency - Whether employer - Whether liable to pay levy - Accident Compensation Act 1985 (No 10191), s8, s9, s186, s187.

Income tax - Assessment - Stay of execution - Summary judgment obtained by commissioner - Appeals against assessment pending - Whether execution ought to be stayed - Discretion Principles to be applied in granting stay - Merits of appeal - Judge unable to reach view as to prospects - Income Tax Assessment Act 1936 (Cth), s201(1).

Estoppel - Res judicata - Issue estoppel - Judgment for possession of mortgaged property - Whether mortgagor precluded from applying to Small Claims Tribunal to re-open transaction - Exclusive jurisdiction of Small Claims Tribunal - Credit Act 1984 (No 10097), ss145-149.

Practice and procedure - Costs - County Court - Determination of scale to be applied upon taxation of costs - Scale fixed by operation of County Court Rules - When discretion to appoint another scale may be exercised - Appeal - Costs - Supreme Court - Full Court - Appellant successful on point not argued before trial judge - Whether appellant should have costs of appeal - County Court Act 958 (No 6230), s78A - County Court Rules, O.19, R8; O.52, r 6.

Workers compensation - Award of compensation - Payment made out of Tribunal Fund - Recovery by Accident Compensation Commission from insurer - Amount which insurer would have been liable to pay to employer - Workers Compensation Act 1958 (No 6419), s46, s85.

Insurance - Unpaid premiums - Set off of unpaid premiums against insurer's liability.

Administrative law - Pharmacy Board - Jurisdiction - Conduct discreditable to pharmacist - Alleged breaches of statute and regulations - Whether board may inquire when possibility of criminal proceedings - Pharmacists Act 1974 (No 8593), s18.

Family law - Infants and children - Bail - Jurisdiction to order release of infant placed in care of respectable person - Children's Court Act 1973 (No 8477), s16, s22 - Magistrates Courts Act 1971 (No 8184), s17.

Companies - Illegal contracts - Provision of financial assistance for purchase of shares in holding company - Part of consideration for purchase of shares in holding company payable by subsidiary - Whether agreement enforceable - Companies Act 1961 (No 6839), s67(1).

Tort - Malicious abuse of civil proceedings - Elements of tort - Acting without reasonable or probable cause - Genuine belief that proceedings were justified - Forms of damage identified in Savile v Roberts - First form - Whether damage to reputation can be pleaded where allegedly malicious proceedings do not involve bankruptcy petition or application to wind up company - Third form - Whether loss in practice of profession constitutes loss of property.

Tort - Misfeasance in public office - Elements of tort - Whether malice of defendant necessary element.

Tort - Civil conspiracy - Elements of tort - Necessity to plead overt acts capable of sustaining conclusion that predominant purpose was to injure plaintiff - Trade practices - Misleading and deceptive conduct - False misleading and deceptive statements - Statement made to judge in course of civil proceedings - Whether made in "trade or commerce" - Whether representation - Fair Trading Act 1985 (No 10201), ss.11,12,17.

Criminal law - Procedure - Requirement that trial be commenced within prescribed period - Whether requirement procedural Whether period may be extended - Crimes Act 1958 (No 6231), s353 Crimes (Procedure) Regulations 1984.

Criminal law - Procedure Power of prosecution to lay new indictment at start of trial - Abuse of process - Election between two indictments.

Criminal law - Evidence Voice identification Admissibility of evidence of identification - Discretion to exclude.

Criminal law Drug offences - Meaning of definition of "cannabis resin" - Customs Act 1901 (Cth), s4(1).

Accident compensation - Motor vehicles - Compensation for injury - Mobile concrete pumping unit Whether - "motor car - "Whether used in a way incidental to its normal use - Whether injury caused by or arising out of use of motor car - Motor Car Act 1958 (No 6325), ss. 3,46(1).

Stamp duty - Deed Covenant - "Mortgage, bond, debenture or covenant" - Whether contractual instrument under seal of corporation is deed - Intention that instrument should operate as deed Stamp duty Debenture Acknowledgment or creation of debt - Supplementary agreement Variation in terms of repayment - Stamps Act 1958 (No 6375), ss137I(1), 137N(1)(c), Third Schedule, heading XXII.

Administrative law - Natural justice - Decision by municipal council to refuse to make application for order under s8(2) of the Shop Trading Act 1987 - Whether council bound to accord natural justice to party requesting that application be made - "Tribunal" - Administrative Law Act 1978 (No 9234), s2, s3.

Practice and procedure - Discovery - Further discovery - Applicable principles - Further discovery ordered in terms too wide and uncertain - Whether attended by substantial injustice - Application for leave to appeal from interlocutory order - Applicable principles - Supreme Court Act 1986 (No 110), s14.

Practice and procedure - Stay of proceedings - Concurrent civil and criminal proceedings - Civil action alleging fraud and overpayment of commission - Prosecution for dishonestly obtaining money by deception - Same facts in both proceedings - Application to stay civil proceeding - Applicable principles - "Right of silence" - Court's discretion.

Guardianship - Mentally infirm person - Moneys in court - Determination of disposition of moneys - Options available - Plaintiff's expressed preference - Grounds for rejection - Duty of State Trust to disclose to court relevant matters - Practices of State Trust - Guardianship and Administration Board Act 1986 (No 58), s47(5), S66(4), S66(8) - State Trust Corporation of Victoria Act 1987 (No 55), s47(2).

Landlord and tenant - Liability for land tax - Whether lease requires tenant to pay land tax - Whether "levied imposed or charged separately or exclusively" on demised premises - Nature of assessment to land tax - Land Tax Act 195 (No 6289).

Contract - Interpretation - Clauses deleted by court order - Whether deleted clauses can be used as aid to interpretation.

Practice and procedure - Discovery and inspection - privilege - public interest - Law Institute of Victoria - Documents relating to inquiry into affairs of solicitor and audit of his trust account - Names of informants - Legal Profession Practice Act 1958 (No 6291), s77.

Local government - Rating-Exemption - "Tenements erected" - Port of Melbourne Authority Act 1958 (No 6312), s55.

Companies - Winding up- Entitlement of employee to severance pay pursuant to redundancy agreement - Whether employment terminated at initiation of company - Effect of winding up - Whether winding up constituted notice of discharge by company.

Defamation - Preliminary discovery - Newspaper - Identity of defendants' informants - "Newspaper rule" - Whether plaintiff has effective remedy against newspaper - Applicable principles - What is effective remedy - Identity of journalists' informant - Defences of truth, qualified privilege and fair comment - Exemplary damages - Court's discretion - Whether order for preliminary discovery interlocutory - Supreme Court Rules, R32.03.

Stamp duty - Instrument of compromise - Whether deed - Instrument assessed for duty as deed - Instrument stamped in accordance with assessment - No particular stamp denoting that instrument duly stamped - Whether open to show that instrument not duly stamped - Onus - Whether instrument undertaking of original obligation or security for payment of sum previously due - Stamps Act 1958 (No. 6375), s30, s32, s137D, s137P - Third Schedule, Headings XXII, XXIV.

Criminal law - Criminal procedure - Abuse of process - Delay in bringing proceedings to trial - Whether delay conducive to unfair trial - Degree of prejudice required to warrant stay.

Criminal law - Appeals - Jurisdiction of court to hear appeals - Stay of trial - Abuse of process - Crimes Act 1958 (No. 6231), s566, s567, s568 - Supreme Court Act 1986 (No. 110), s10, s11, s14.

Contempt of court - Order requiring defendant to answer question - False answer - Whether false answer sufficient foundation for conviction for contempt of court.

Contract - Letter of comfort given to banker - banker relying on letter to honour cheques - Whether letter contained promissory undertaking or statement of intention - Context - Interpretation.

Accident compensation - Death - Prior recovery of damages at common law by deceased - Whether bar to application for compensation by dependants - Workers Compensation Act 1958 (No. 6419), s63(3), s64(c).

Administration and probate - Family provision - Application by - adult ex nuptial son for further provision - Principles applicable - Nature of special need or claim - Paternity - Originating motion for declaration - Status of Children Act 1974 (No. 8602), s7, s10.

Town and country planning - Planning permit - Abandonment - Non-user of permit - Whether permit continues in force - Town And Country Planning Act 1961 (No 6849), s24 - Planning And Environment Act 1987 (No 45), s208.

Companies - Practice - Receiver and manager - Remuneration - Varying practice note scale - Companies (Victoria) Code, s573, s324A(2).

Criminal Law - Sentence - Importation of drugs - Accused aliens having no connection with Australia - Obligation to set a minimum term - Customs Act 1901 (Cth), s233B - Penalties and Sentences Act 1985 (No 10260), s17 - Migration Act 1958 (Cth), s6, s6A, s7, s18 - Commonwealth Prisoners Act 1967(Cth), s5.

Mortgages - Equitable mortgages - Priorities - Competing equities - Applicable principles for determining priority - Two lenders each with equitable mortgage over shares.

Landlord and tenant - Option in sub-lease for further term - Nature of option - Exercise of option conditional upon absence of subsisting breach at time of exercise and at date of expiration of first term, and upon sub-lessee having paid rent regularly during first term - Obligation to pay rent on first day of each month - Construction of condition precedent - Whether rent required on first day of each month - Whether sufficient that rent be paid regularly - Waiver - Whether sub-lessor can waive performance of condition precedent - Rent paid late but accepted by sub-lessor.

Real property - De facto partners - Interest in real property - Rights of surviving partner - Statutory or personal rights - Whether rights abate on death of either partner - Property Law Act 1958 (No 6344), Pt IX. Administration and probate - Survival of actions - De facto partners - Interest in real property - Rights under Pt IX Property Law Act 1958 - Whether rights survive death of either partner - Interest vesting in executrix - Administration and Probate Act 1958 (No 6191), s13, s29.

Companies - Convertible notes - Meeting of convertible note holders - Special resolution - Notice - Whether special resolution passed by requisite majority - Whether proper notice given to trustee of convertible note trust deed - Whether meeting valid.

Equity - Specific performance - Convertible notes - Whether agreement to convert notes into shares specifically performable - Whether damages an adequate remedy - Hardship - Sharp practice - Clean hands.

Criminal law - Engaging in conduct which placed or may have placed victim in danger of death - Intent - Objective and subjective intent - Crimes Act 1958 (No. 6231), s22.

Landlord and tenant - Leases - Implication of terms - Whether lessor's power to withhold consent to subletting should be exercised in good faith - Whether lessor's power to withhold consent to improvements should be exercised reasonably - Construction - Meaning of "improvements", "repairs" and "first approved" - Relief against forfeiture - Applicability to assignees of the Crown - Property Law Act 1958 (No. 6344), s144, s146 - Land Act 1958 (No. 6284), s100.

Arbitration - Removal of arbitrator - Misconduct - Arbitrator informed of offer of compromise during hearing - Refusal to disqualify - Whether refusal constituted misconduct, incompetence or unsuitability - Commercial Arbitration Act 1984 (No. 10167), s4, s44.

Companies - Liquidation - Bills of costs Three bills from one solicitor delivered to liquidator - Each bill below $5000 - Sum of bills in excess of $5000 - Whether liquidator required to request bill in taxable form - Supreme Court (Companies and Securities) Rules 1985, R13.01.5

Accident compensation - Damages - Personal injuries - Nonpecuniary loss Plaintiff injured when struck by motor vehicle on his way to work - Whether amount of damages restricted to $140,000 - Whether damages should be reduced by the amount of compensation paid under Accident Compensation Act 1985 - Construction of Act - Accident Compensation Act 1985 (No. 10191), s135.

Arbitration - Notice of dispute - Service - Course of "ordinary mail" - Deemed receipt - Appointment of arbitrator by third party - Requisites of valid nomination - Assent of nominee - Notification to nominee and parties.

Administration and probate - Removal of executor - Unfit or incapable - Executor unable to be found - Completed administration - Appointment of new trustees - Administration and Probate Act 1958 (No. 6191), s34(1) - Trustee Act 1958 (No. 6401), s48(1).

Arbitration - Removal of arbitrator - Incompetence - Unsuitability - Arbitrator indisposed during hearing - Request that arbitrator stand down - Refusal of request - Whether arbitrator incompetent - Commercial Arbitration Act 1984 (No. 10167), s4, s44(c).

Criminal law - Gaming - Occupier of premises permitting restricted Possessing machine for gaming - Meaning or "occupier" - Meaning of "possession" - Liability as an accessory - Lotteries Gaming and Betting Act 1966 (No. 7429), s68, s699 - Magistrates' Court Act 1971 (No. 8184), s60.

Administrative law - Equal opportunity - Equal Opportunity Board - Power to make interim orders - Complaints not before board - Failure of board to advert to relevant considerations when giving reasons - Whether exercise of discretion miscarried - Equal Opportunity Act 1984 (No 10095), s45A.

Criminal law - Criminal procedure - Appeals - Nature of proceedings in Practice Court - When appeal from decision of Practice Court lies to Full Court - Certiorari - Obligation on prosecutor to make available material which would assist defence case - Discovery in criminal cases - Crimes Act 1958 (No 6231), Pt VI - Supreme Court Act 1986 (No 110), s10, s14 - Rules of Supreme Court, O.29, O.32.

Jury - Verdict - reverse or contradictory verdict - Power of judge to direct reconsideration - Whether judge required to enter judgment or discharge jury - County Court Act 1958 (No 6230), s70.

Administrative law - Administrative Appeals Tribunal - Natural justice - Bias - Private communication by counsel for one party to presiding member of tribunal without knowledge of other parties - Principles of procedural fairness applicable to statutory tribunals.

Practice and procedure - Case stated - Requirements - Principles regulating - Statement of case by County Court judge - Whether case adequately stated.

Wills - Construction - Devise of property to A with direction lhat A provide home for B - Whether legally enforceable obligation intended - Certainty - Whether devise subject to condition subsequent - Whether condition subsequent can be given effect to - Personal obligation.

Companies - Liquidation - Examination of persons on company matters - Order that examination be in private - Subsequent application that evidence already given be treated as public, and that examination be no longer private - Relevance of pending criminal charges - Companies (Victoria) Code, s541.

Administrative law - Equal opportunity - Employment - Discrimination on ground of lawful political belief or activity - Complaint - Jurisdiction of Equal Opportunity Board to entertain - Documents to which board may have resort to determine whether jurisdiction exists - "Political" - Equal Opportunity Act 1984 (No. 10095), s4, s21, s44, s46.

Criminal law - Conspiracy - When separate trials should be ordered - Liability of legal adviser in respect of conspiracy.

Criminal law - Conspiracy - Separate trials - Power of court to determine order in which trials should take place.

Administrative law - Order for review - Application to set aside - Whether statutory provisions mandatory - Whether orders for review a nullity for breach - Administrative Law Act 1978 (No. 9234), s3, s4 and s5.

Contract - construction - Freight forwarding contract - Trading conditions - Indemnity clause - Carriage of goods - Clause indemnifying freight forwarder against liability to carrier - Principles of construction.

Orders and judgments - Plaintiff entitled to recover against defendant - Defendant is entitled to indemnity from co-defendant - Co-defendant is entitled to indemnity from plaintiff - Appropriate form of order - Circuitry of action - Supreme Court Act 1986 (No 110), s29.

Accident compensation - Levy payable by employer - Power of Accident Compensation Commission to reduce levy - Establishment continuously in operation since 1 September 1985 - Employer transferring same operations from one establishment to another after 1 September 1985 - Whether establishment continuously in operation - Accident Compensation Regulations 1985, reg31(3).

Insurance - Professional indemnity - Exclusion clause - Construction - Exclusion of claim by person advised by insured to invest in business controlled by insured - Whether business should be controlled by insured at time of investment.

Contract - Election - Insurer conducting defence on behalf of insured - Express reservation of right to deny indemnity - Substantial delay in informing insured of denial of liability - Inconsistent courses of action - Whether conscious choice required - Prejudice.

Practice and procedure - Costs - Bullock order - Joinder of third parties - Whether joinder reasonable - Whether Bullock order appropriate - Discretion.

Administrative law - Harness racing stewards - Suspension of trainer's licence - Reasons for suspension - Whether stewards required to provide reasons for decision - "Tribunal" - "Decision" - Administrative Law Act 1978 (No 9234), s2, s8 - Racing Act 1958 (No 6353), s83NA.

Criminal law - Wilfully injuring or damaging property - Meaning of "wilfully" - Summary Offences Act 1966 (No 7405), s9(1)(c).

Criminal law - Murder - Sentence - Power to impose minimum term where prisoner serving in Victoria life sentence imposed by interstate court - Prisoners (Interstate Transfer) Act 1983 (Cth) - Penalties and Sentences Act 1985 (No 10260), s18A.

Administrative law - Statutory tribunal - Guardianship and Administration Board - Natural justice - Investigator's report provided to board - Report prejudicial to interests of party - Duty of board to make meaningful disclosure of report - Refusal to contact potential witness when requested to do so by party - Whether denial of natural justice.

Administrative law - Statutory tribunal - Guardianship and Administration Board - Evidence - Exemption - Board not bound by rules or practice as to evidence but may inform itself in such manner as it thinks fit - Whether exemption qualified by rules of natural justice - Guardianship and Administration Board Act 1986 (No 58), s10(3).

Insurance - Fire policy - Non-disclosure - Director's criminal convictions - Whether relevant matter - Knowledge of insured - Constructive knowledge - Whether non-disclosure fraudulent - Whether insured entitled to recover any amount - Reduction of amount recoverable to nil - Insurance Contracts Act (Cth), s21, s28.

Practice and procedure - Appeal - Appeal to Supreme Court from Credit Tribunal - Jurisdiction - Whether reasons of referee can be challenged on appeal - Credit Act 1984 (No. 10097), s115 - Credit (Administration) Act 1984 (No. 10091), s82 - County Court Act 1958 (No. 6230), s74. Credit - Mortgage over farming land - "Farm machinery" - Whether "crops" are "farm machinery" - Credit Act 1984 (No. 10097), s115, s146.

Insurance - Fire policy - coinsured parties - Composite policy covering respective interests of lessee and mortgagee - Alleged arson by lessee - Whether bar to claim by mortgagee - Condition barring fraudulent claim - Construction - Whether applicable to both insureds or to claimant - Insurance Contracts Act 1984(Cth), s48.

Criminal law - Sentence - Principle of proportionality - Approach to be adopted in sentencing.

Estoppel - Crown - Policy of department of state not to enforce statutory provision - Representation that policy would continue - Reliance on policy and representation to expend moneys - Reversal of policy - Whether Crown estopped from reversing policy.

Insurance - Motor vehicles - Injury - Liability of Transport Accident Commission to indemnify employer of injured worker - Line marking vehicle being loaded on trailer attached to truck - Worker injured when raising tailgate of trailer - Whether injury arose out of the use of motor vehicle - Motor Car Act 1958 (No. 6325), s40(1).

Companies - Winding up - Public examination of director - Object of public examination - Director charged with various offences - Whether nonpublication order should be made - Inaccurate reporting - Contempt of court - Companies (Victoria) Code, s541.

Liquor licensing - Liquor Commission - Full Commission - Application to review decision of single member of commission - Full Commission's invariable practice of only reviewing decisions for legal error - Whether practice and ruling based upon it constituted errors of law - Whether Full Commission required to conduct all reviews as hearings de novo - Liquor Control Act 1987 (No. 97), s24, s105(1).

Insurance - Employer's indemnity - Costs incurred in defending claim by worker - Insured successfully defending claim - Liability of insurer to indemnify in respect of costs - Condition precedent to liability - Condition to keep proper wages books - Onus of proof - Whether onus satisfied.