Industrial law Industrial dispute Industrial matters - Harsh, unjust or unreasonable dismissal of employee - Powers of Industrial Relations Commission - Time within which employee must apply to commission for exercise of its jurisdiction - Whether commission deprived of jurisdiction if application not made within prescribed time - Industrial Relations Act 1979 (No. 9365), s34.

Administrative law - Equal opportunity - Discrimination - Decision to impose a condition or requirement - Decision not implemented - Whether decision can constitute "discrimination" - Equal Opportunity Act 1984 (No. 10095), s17.

Real property - Joint tenancy - Severance - Principles - Husband and wife - Dissolution of marriage - Property and maintenance agreement - Agreement to sell property and divide proceeds upon happening of certain events which might not occur - Whether intention to sever joint tenancy - When severance in equity effected.

Criminal law - Sentence - Hospital order - Circumstances in which order should be made - Mental Health Act 1986 (No. 59), s15.

Defamation - Injurious falsehood - Interlocutory injunction - Principles for grant - Defendant proposing to justify - Whether principles applicable to injurious falsehood different from those applicable to defamation.

Tort - Nuisance - Besetting - Interlocutory injunction - Certainty - Demonstration involving obstruction and intimidation of patrons attending circus - Whether besetting may make picketing a nuisance - Form of injunction.

Administrative law - Freedom of information - Request for access to documents - Exemptions from disclosure - Internal working documents - Documents which would be exempt from disclosure in legal proceedings on ground of legal professional privilege - Documents which would unreasonably disclose "personal affairs" - Power of Administrative Appeals Tribunal to order disclosure of exempt documents - "Public interest" - Freedom of Information Act 1982 (No. 9859), s30(1), s32, s33(1), s50(4).

Magistrates' Court - Practice and procedure - Withdrawal of summons - Time for application to withdraw - Magistrates' (Summary Proceedings) Act 1975 (No. 8731), s78(1)(n).

Criminal law - Evidence - Admissibility of video recording of interview - Chief Commissioner's Standing Orders - Discretion to exclude - Cross examination of suspect may lead to rejection of evidence - Right to give unsworn Evidence - evidence Act 1958 (No. 6246), s25.

Administrative law - Judicial review - Decision of coroner to suppress publication of evidence - Whether decision operating in law to determine question affecting rights - Administrative Law Act 1978 (No. 9234), s2, s3 - Coroners Act 1985 No. 10257), s58.

Industrial law - Unfair dismissal - Group manager dismissed - Application for reinstatement on ground that dismissal was harsh, unjust or unreasonable - No board appointed for manager's trade - Whether commission has jurisdiction to determine application - No industrial unrest resulting from dismissal - Whether "industrial dispute" - Industrial Relations Act 1979 (No. 9365), s3, s12A, s34, s37 and s44.

Gaming and betting - "Lottery" - Tattslotto tickets offered free to insurance clients-Conducting a lottery-Lotteries Gaming and Betting Act 1966 (No. 7429), s3, s5 - Tattersall Consultations Act 1958 (No. 6390), s5.

Insurance-Marine insurance-Voyage policy-Theft of goods-Course of transit-Leaving goods with stevedore for convenience-Whether ordinary course of transit - Reasonable dispatch condition - Whether condition governs all clauses of policy-Failure to act with reasonable dispatch-Burden of proof - Duty to minimise loss - Marine Insurance Act 1909 (Cth), s54. Practice and procedure-Costs-Costs awarded against successful defendant- Compelling circumstances- Discretion - Unmeritorious conduct of insurer - Supreme Court Act 1986 (No. 110), s24(1).

Criminal law-Procedure-Bail-Appeal against refusal of bail by magistrate - Jurisdiction to hear appeal where bail refused following conviction and pending receipt of pre-sentence report - Bail Act 1977 (No. 9008), ss4,18.

Administrative law - Commercial passenger licence - Cancellation - Whether licence relates to operation of vehicle as public commercial passenger vehicle under contract - Transport Act 1983 (No. 9921), s147, s148. Administrative law - Natural justice - Circumstances in which compliance with requirements of natural justice necessary - Tenders for contracts to operate bus service - Whether statutory authority obliged to accord natural justice to tenderer when determining whether to accept or reject competitive tenders - Tenderer operating service subject of tender. Contract-Termination-Notice-When notice of termination to be given. Equity - Promissory estoppel - When estoppel may be set up - Renewal of contract between statutory authority and bus proprietor to operate bus service - Purported termination of contract by authority in breach of expectations created by authority - Relief.

Criminal law - Evidence - Power of police to enter premises to prevent breach of peace - Powers of arrest - Discretion to reject evidence - Environment Protection Act 1970 (No. 8056), s48A, s56 - Crimes Act 1958 (No. 6231), S457, s458, s459A.

Real property - Torrens system - Indefeasibility of title - Exceptions - Fraud - Forged signature on mortgage - Innocent mortgagee - Whether title of mortgagee defeated by fraud of third party procuring mortgage - Transfer of Land Act 1958 (No. 6399), s42, s44.

Resumption and acquisition of property - Compensation - House on farm property - House used in farming operation - Replacement cost - Reinstatement - Forseeability - Reasonableness - Whether expenditure not incurred is recoverable - Assessment of loss - Lands Compensation Act 1958 (No. 6286), s11B.

Practice and procedure - Parties - Misdescription - Amendment - Applicable principles - Name of party - Whether mistake as to name or identity - Supreme Court Rules, R3601.

Criminal law - Sentencing - Appeal - Circumstances in which appeal against conviction will be entertained following plea of guilty - Drug offences - Trafficking in commercial quantity of drug of dependence - How commercial quantity calculated - Confiscation order - Whether appeal may be brought against confiscation order - Significance of effect upon prisoner of confiscation order - Drugs, Poisons and Controlled Substances Act 1981 (No. 9719), ss70,71,122A, Schedule Eleven - Crimes Act 1958 (No. 6231), Part VI.

Sale of land - Caveat - Sale of portion of land prior to subdivision - Caveat lodged over whole of land - Whether caveatable interest - Whether contract prohibits lodgment of caveat - Whether after subdivision caveat ensured to portion in which caveator interested - Transfer of Land Act 1958 (No. 6399), s89.

Sale of land - Rescission - Failure by purchasers to pay balance of moneys on due date - Notice of rescission - Failure to specify condition relied upon - Whether notice effective.

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), ss. SA, 46, 65.

Criminal law - Procedure - Conspiracy - Murder - Whether conspiracy and murder counts can be joined in one presentment when victim not person intended - Crimes Act 1958 (No. 6231), S372(3A).

Resumption and acquisition of property - Compensation - Loss and damage - Interest of claimant - Agreement for lease - Tenancy at will - Whether sufficient interest - Property Law Act 1958 (No. 6344), s54 - Town and Country Planning Act 1961 (No. 6849), ss44(1),42(5A).

Resumption and acquisition of property - Compensation - Claim - Claim made under legislation then in force - Legislation repealed - New legislation enacted - Whether fresh claim should be made under new legislation - Land Acquisition and Compensation Act 1986 (No. 121), ss33,35,37 - Planning and Environment Act 1987 (No. 45), ss105,206,207. Landlord and tenant - Lease - Term for life of survivor of two lessors - Whether void for uncertainty.

Statutes - Commencement - Proclamation - Whether statute effectively proclaimed - Interpretation - Road Safety Act 1986 (No. 127), s2, s49(1)(f) - Interpretation of Legislation Act 1984 (No. 10096), s7, s10A(2) - Road Safety (Traffic) Regulations 1988, Reg1001.1(c).

Criminal law - Exceeding speed limit - Defence of honest and reasonable mistake not available - Road Safety Act 1986 (No. 127) - Road Safety (Traffic) Regulations 1988, cl. 1001(1)(c).

Administrative law - Nahual justice - Revocation of place for holding a Magistrates' Count - Whether legitimate expectation that appointment would not be revoked - Locus standi of local residents - Whether discretion to revoke fettered or unfettered - Whether decision reviewable - Magistrates' Courts Act 1971 (No. 8184), s5(1).

Landlord and tenant - Retail tenancies - Patent attorney's practice - "Carrying on a business" - "Retail service" - Whether conduct of patent attorney's practice amounts to carrying on of business involving retail provision of services - Retail Tenancies Act 1986 (No. 106), s3, s21.

Criminal law - Rape - Consent - Circumstances in which mistake may vitiate consent - Crimes Act 1958 (No. 6231), ss2A,54.

Practice and procedure - Costs - Payment into court - Third payment into court on day before trial - Judgment for plaintiff less than total amount in court - Whether "special cause" - Judicial discretion - County Court Rules 1979,019, r2, r7(1).

Criminal law - Evidence - Murder - Circumstantial evidence - Standard of proof.

Companies - Receivers - Jurisdiction - Power to appoint at suit of unsecured creditor - Nature of remedy - Conditions for appointment - Ex parte application - Applicable principles - Lack of effective notice - Drastic nature of remedy - Balance of convenience - Undertaking as to damages - Width of powers given to receiver - Remuneration - Company in financial difficult - Whether receiver should be appointed to administer affairs of company in financial difficulty - Supreme Court Act 1986 (No 110), s37(1).

Companies - Receivers - Appointment of - Disqualification - Conflict of interest - Independence of receiver.

Contract - Banker and customer - Debt - Default - Demand - Whether reasonable time should be allowed to comply.

Judgments and orders - Reversal of order on appeal - Interlocutory injunction - Appointment of interim receiver - No undertaking as to damages - Restitution - Power to award damages - Rules of the Supreme Court, r6415(2). Practice and procedure - Appointment of receiver - Ex parte application - Duty to disclose material facts - Urgency.

Practice and procedure - Parties - Joinder - Principles - Rules of Supreme Court, r906(b).

Landlord and tenant - Retail tenancies - Motel premises - "Floor area" - What constitutes floor area - Whether external passageways, porchway, garden and car-parking spaces included - Retail Tenancies Act 1986 (No 106), s3.

Companies - Foreign company - Dissolution - Foreign company registered in Victoria - Company dissolved in place of incorporation - Winding up of company in Victoria - Action by liquidator in name of company - Capacity to sue - Companies Act 1961 (No. 6839), s314, s315.

Sale of land - Contract of sale - Instalment contract - Purchaser erecting improvements with consent of vendor - Default by purchaser - Rescission by vendor - Equitable relief - Exceptional circumstances - Unconscionable conduct.

Environment protection - Pollution - Notice to clean up - Notice requiring preparation of clean up program and implementation of clean up at future unspecified date - Validity of notice - Clean up measures not specified in notice - Whether notice uncertain - Whether severance appropriate - Power to give notice requiring only a clean up program - Environment Protection Act 1970 (No. 8056), s4, s62, s62A, s64A.

Industrial law - Industrial dispute - Bans - Limitation on hours of work - Mass resignation of employees - Warnings of adverse consequences for persons accepting employment - Interference with contractual relations - Interference with trade or business by unlawful means - Conspiracy - Intimidation - Inducing breach of contract - Inciting union members to refrain from working in accordance with award - Justification - Industrial Relations Act 1988 (Cth), s164, s187, s312.

Tort - Interference with contractual relations - Industrial dispute - Union directing members to work limited hours - Members voluntarily complying - Limitation a breach of employees' contracts of employment - Whether tort committed.

Tort - Interference with trade by unlawful means - Whether tort exists - Inducing breach of contract - Inducing union members to refrain from working in accordance with award - Whether intention to harm necessary element of tort.

Tort - Conspiracy - Industrial dispute - Use of unlawful means - Inducing breach of contract - Inciting union members to refrain from working in accordance with award.

Tort - Defence - Justification - whether defence to torts of interference with contractual relations by unlawful means or interference with trade or business by unlawful means.

Criminal law - Evidence - Character - Where accused attempts to establish good character Crown may seek to rebut - Leave of trial judge not required but evidence of bad character may be rejected in exercise of discretion - Use that may be made of prior convictions - Exercise of discretion to exclude evidence of prior convictions - Documentary evidence - Business records - Evidence Act 1958 (No. 6246), s55 - Crimes Act 1958 (No. 6231), s399(6).

Criminal law - Sentencing - Drug offences - Importation of heroin - Extent of discount in sentence for cooperation with authorities - Customs Act 1901 (Cth), s235.

Constitutional law - Inconsistency between Commonwealth and State laws - State law prohibiting ownership, sale or use of device preventing effective use of speed measuring device - Commonwealth law dealing with radiocommunications - Whether laws inconsistent - Whether Commonwealth law covering the field - The Constitution (63 and 64 Vict. c. 12), s109 - Road Safety Act 1986 (No. 127), s74 - Radiocommunications Act 1983 (Cth).

Companies - Debenture - Charge - Whether fixed or floating charge - "Book debts" - Ambit of charge - Company in liquidation - Whether receiver bound to make payments in accordance with Companies (Victoria) Code, s331.