Accident compensation - Damages - Whether statutory limit of $140,000 subject to indexation - Whether interest allowable on maximum damages of $140,000 - Accident Compensation Act 1985 (No 10191), ss100(1),135(3A).

Practice and procedure - Order nisi - Application to review two orders of magistrate in separate but related proceedings - Whether sufficient to obtain one order nisi to review both orders - Whether separate affidavits required in relation to each order.

Guarantee and indemnity - Guarantee by director of building company's liability - Scheme of reconstruction or amalgamation - Order of court transferring rights and liabilities of company entitled to guarantee to another company - Whether surety liable to indemnify transferee in respect of new liabilities arising after transfer - Companies (Victoria) Code, s317.

Tort - Nuisance - Conditions of liability - Creator of nuisance - Strict liability - Continuation of nuisance created by another - Actual or presumed knowledge - Foreseeability of damage - Abatement - Liability for encroaching trees.

Injunction - Mareva injunction - Applicable principles - Matters relevant to grant of injunction.

Accident compensation - Worker - Injuries suffered in car accident during journey to work - Compensation payments received - Claim for damages at common law - Whether damages should be reduced by amount of compensation - Accident Compensation Act 1985 (No 10191), s135(4A).

Statutes - Interpretation - Retrospective operation - Context - Accident Compensation Act 1985 (No 10191), s 135(4A).

Interest - Debt - Compound interest - Loan on basis of current banking practices - Usage or custom of bankers - Whether compound interest payable for period after commencement of proceedings - Whether statutory interest payable on principal and accumulated interest - Supreme Court Act 1986 (No 110), ss58,60.

Criminal law - Evidence - Requirement that before a fact can be used as basis for inference of guilt the fact itself must be proved beyond reasonable doubt - Knowingly having in possession explosive substance - Mens rea of offence - Crimes Act 1958 (No 6231), s317(4).

Administrative law - Equal opportunity - Employment - Discrimination on ground of lawful political belief or activity - Complaint - Jurisdiction of Equal Opportunity Board to entertain - "Political" - Equal Opportunity Act 1984 (No 10095), ss4,21,44.

Accident compensation - Motor Vehicles - Compensation for injury - Whether injury caused by or arose out of use of motor vehicle - Transport Accident Act 1986 (No 111), s3.

Stamp duly - Conveyance or transfer - Partition or division of real property - Two parcels of land divided between co-owners - Transfer of each parcel to each co-owner - Whether the two parcels constituted totality of land being partitioned - Whether transfers dutiable - Stamps Act 1958 (No. 6375), s72(1).

Insurance - Transit policy - Non-disclosure of prior convictions - Insurer would not have underwritten risk had disclosure been made - Whether insurer entitled to avoid liability - Reduction of amount recoverable to nil - Co-insured - Non-disclosure by one insured - Whether non-disclosure by co-insured without knowledge - Insurance Contracts Act 1981 (Cth), s28.

Criminal law - Sentence - Principles to be applied in fixing head sentence and minimum term - Penalties and Sentences Act 1985 (No. 10260).

Administrative law - "Tribunal" - Administrators of superannuation fund established by statutory authority - Whether administrators a "tribunal" - Whether decisions of administrators reviewable - Administrative Law Act 1978 (No. 9234), s2.

Guarantee and indemnity - Surety - Lender failing to perfect security to be given by borrower - Whether lender undertook to surely to perfect - Whether surety's liability discharged - Authority of director or to give promissory note - Companies (Victoria) Code, s68A.

Criminal law - Theft - Procedure - Requirement that counts in presentment allege single offences only - Appropriation - Doctrine of recent possession - Obligation of trial judge to put defence case - Crimes Act 1958 (No. 6231), ss72,73(4),88.

Companies - Winding up - Provisional liquidation - Leave to proceed against company - Winding up order in participating State - Filing of office copy of order - Whether leave to proceed in Victoria should be obtained - Companies (Victoria) Code, ss. 371(2) ; and 465.

Contract - Building contract - Dwelling house - Oral variations - Recovery of cost - Claim in indebitatus assumpsit - Reasonable remuneration - Whether recoverable - House Contracts Grarantee Act 1987 (No. 44), s19.

Criminal law - Sentence - Drug offences - Orders for confiscation of profits or payment of pecuniary penalty - Whether appeal against sentence should await decision on such orders - Crimes (Confiscation of Profits) Act 1987 (No 101) - Proceeds of Crime Act 1987 (Cth) - Customs Act 1901 (Cth), Div. 3 of Pt XIII.

Arbitration - Consolidation of two arbitrations - Application of "all the parties" - Commercial Arbitration Act 1984 (No. 10167), s. 26.

Accident compensation - Accident Compensation- Tribunal - Power to declare rights as to future expenses - "Medical service" - "Attendant care" - "Rehabilitation" - "Curative appliance" - Workers Compensation Act 1958 (No. 6419), s26.

Statutes - Interpretation - Definition of term - Whether inclusive or exhaustive - "Medical service" - Workers Compensation Act (No. 6419), s26.

Vendor and purchaser - Merger - Sale of land on terms - Settlement - Payment of less than balance of purchase price - Mistake - Transfer registered - Whether obligation to pay merged in transfer - Whether acknowledgment of receipt bar to claim - Whether vendor estopped.

Costs - Appeal costs fund - Appeal succeeding on question of law - Discretion whether to grant respondent certificate - Respondent's dubious conduct - Appeal Costs Act 1964 (No. 7117), s13.

Administrative law - Equal opportunity - Discrimination - Physical impairment - Sporting activity - Licence to compete in motor racing - Burden of proof - Standard of proof - Relevant considerations - Damages - Equal Opportunity Act 1984 (No. 10095), s17, s33(1), s33(3), s39(a), s39(da) and s46(2).

Accident compensation - "Injury" - Cerebral haemorrhage - Whether "physical injury" Accident Compensation Act 1985 (No. 10191), s5, s82(1), s83(2)(a)(ii).

Limitation of actions - Extension of period during which action may be brought - "Delay" - Delay between accrual of cause of action and making of application for extension - State of mind - Awareness of delay - Awareness of rights - Failure to consult solicitors - Limitation of Actions Act 1958 (No. 6295), s23A.

Administrative law - Judicial review - Decision of Registrar of Firearms - Discretion to grant or withhold licence - Scope - Irrelevant considerations - Improper delegation - Firearms Act 1958 (No. 6251), s22(2), s50.

Landlord and tenant - Retail tenancies - Jurisdiction - Arbitration - Question of law referred to Supreme Court - Whether Supreme Court has jurisdiction to answer question of law arising in course of arbitration - Failure of landlord to comply with statutory obligation to give estimate of expenses within specified period - Consequence of failure - Whether tenant's obligation rendered unenforceable - Damages - Retail Tenancies Act 1986 (No 106), s15, s21, s22 - Commercial Arbitration Act 1984 (No 10167), s39.

Accident compensation - Appeals to Supreme Court from Accident Compensation Tribunal - Jurisdiction - When determination made by tribunal - When notice of intention to appeal from determination must be given - Effect of failure to give notice within prescribed time after determination made - Accident Compensation Act 1985 (No 10191), s68, s72.

Administrative law - Permit authorising commercial goods vehicle to operate in manner not permitted by its licence - Application to Roads Corporation for permit - Refusal - Whether irrelevant considerations taken into account - Determination of policy by minister - Whether failure to have regard to relevant considerations - Hardship occasioned to applicant by refusal - Period during which applicant had conducted business - Transport Act 1983 (No 9921), s189.

Insurance - Fire policy - Cover against loss of goodwill - Indemnity conditional on legal termination of lease - Whether termination of lease "consequent upon" damage - Whether unwillingness of lessor to rebuild should be reasonable.

Insurance - Fire policy - Arson - Suspicion that insured lit fire - Reasonable period to investigate - Date from which interest is payable - Insurance Contracts Act 1984 (Cth), s57

Landlord and tenant - Lease - Termination in event of fire - Power in lessor to terminate if of opinion that reinstatement unjustified - Whether opinion should be reasonably held.

Administrative law - Freedom of information - Request for access to documents - Exemptions from disclosure - Investigator's report - Medical report - Whether disclosure would prejudice proper administration of the law - Whether disclosure would disclose identities of confidential sources of information - Whether documents contained information of business, commercial or financial nature - "Disadvantage" - Freedom of Information Act 1982 (No 9859), s31(1)(a), s31(1)(c), s34(1), s34(4)(a).

Accident compensation - Calculation of pre-injury earnings Worker's "ordinary time rate of pay" - Whether overtime and shift allowances included - Whether industrial award fixed ordinary time rate of pay - Accident Compensation Act 1985 (No 10191), s95.

Landlord and tenant - Retail tenancies - Arbitration under Retail Tenancies Act 1986 - Leave to appeal against arbitrator's award pursuant to Commercial Arbitration Act 1984 - Jurisdiction - Principles applicable to grant of leave to appeal - Retail Tenancies Act 1986 (No. 106), s21, s22 - Commercial Arbitration Act 1984 (No. 10167), s38.

Criminal law - Evidence - When suspect can be directed to give sample of blood - Crimes Act 1958 (No 6231), s464u.

Negligence - Personal injuries - Aviation - Death of passenger of aircraft arising out of accident - Whether strict liability imposed upon owner of aircraft - Wrongs Act 1958 (No 6420), s31(1).

Contract - Agreement to submit businesses for possible purchase - Fee payable in event of purchase - Whether implied term that actions must be effective cause of acquisition - Whether implied term that acquisition to occur within reasonable time of submission - Whether agreement or submission lapsed by effluxion of time.

Principal and agent - Business broker - Agreement to submit businesses for possible purchase - Fee payable in event of purchase - Whether broker selling agent or agent of any kind.

Practice and procedure - Interest - Debt - Whether interest awardable from demand - Whether "good cause to the contrary" shown - Compound interest - Supreme Court Act 1986 (No 110), s58, s59, s60.

Damages - Professional negligence - Extent of loss - Lost opportunity to derive financial advantage - Value of lost opportunity - Onus of proof.

Conversion - Cheque - Measure of damages - Subsequent payments to drawer - Whether payments should be taken into account to reduce damages.

Appeal - Arguments not advanced in court below - Whether appellate court should allow new contentions for conclusions of fact to be advanced.

Landlord and tenant - Leases - Implication of terms - Term in lease prohibiting assignment without lessor's consent and excluding s144(1) of Property Law Act 1958 - Whether term is "express provision to the contrary" - Whether term is subject to implied condition that consent should not be unreasonably withheld - Whether lessor's power to withhold consent should be exercised in good faith - Property Law Act 1958 (No 6344), s144(1).

Accident compensation - "Serious injury" - What constitutes "serious injury" - "Whiplash" - Transport Accident Act 1986 (No 111), s93(17).

Practice and procedure - County Court - Order - Conditional - Self-executing - Appeal from order - Deemed abandonment - Judgment entered pursuant to self-executing order - Power to order appeal not to be taken to be abandoned - County Court Rules, R64A18.

Statute - Operation and effect - Commencement - Requirement that there be publication of proclamation - Failure to comply with requirement - "Proclamation" - "Publication of proclamation" - Interpretation of Legislation Act 1984 (No 10096), s10A, s11 - Shop Trading Act 1987 (No 10).

Negligence - Duty of care - Duty of manufacturers and distributors to take reasonable care - Whether failure to warn of risk of toxic shock syndrome constituted breach of duty - Relevant considerations.

Judgments and orders - Magistrate - Written decision not pronounced in open court - Whether ultra vires - Whether judgment delivered - Magistrates' Courts Act 1971 (No 8184), s8(1)(a), s24(1), s24(1A), s24(2), s50(1)(aa), s50(1)(ab) - Magistrates (Summary Proceedings) Act 1975 (No 8731), s9(3).

Practice and procedure - Offer of compromise - Costs - Action for personal injuries - Transfer of proceedings from County Court - Delay in acceptance of offer - Construction of rules - Exercise of court's discretion - Supreme Court Rules, R2603.

Criminal law - Sentence - Re-sentencing on appeal - Whether when re-sentencing offender court should act in accordance with law applicable at time of appeal - Crimes Act 1958 (No 6231), S567A, s568 - Crimes Legislation Amendment Act (No 2) 1989 (Cth) - Crimes Act 1914 (Cth), s16A, s16F, s17A, s19, s20, s19AA, s19AB, s19AG, s33.

Legal practitioners - Solicitors' Guarantee Fund - Claim for compensation from fund - Elements of claim - Defalcation - Personal loan to solicitor - Legal Profession Practice Act 1958 (No 6291), s51(1), s64(1).

Statutes - Interpretation - Validating statute - Retrospective operation - Intention of legislature - Necessary implication - Constitution (Supreme Court) Act 1989 (No 22), s4.

Resumption and acquisition of property - Compensation - Entitlement to interest - Whether interest is recoverable under Supreme Court Act 1986, s60 - Whether notion of compensation includes allowance for interest - Costs - Principles for exercise of discretion - Supreme Court Act 1986 (No 110), s60 - Land Acquisition and Compensation Act 1986 (No 121), s91 - Planning and Environment Act 1987 (No 45), s98.

Building contract - Final certificate - Certificate by architect stating final balance but contemplating further review of builder's claim - Whether final certificate.

Companies - Scheme of arrangement - Application for meeting of creditors - Company hopelessly insolvent - Whether court will order meeting - Discretion - Beneficial scheme - Whether creditors whose debt is subordinated to that of other creditors constitute separate class - Nature of claims by creditors - Companies (Victona) Code, s315(1).

Practice and procedure - Costs - Discretion to award - Relevant considerations - Plaintiff successful on issues raised by defendants occupying most of hearing time, but unsuccessful in action - Supreme Court Act 1986 (No 110), s24 - Supreme Court Rules, r6302, r63.03.

Criminal law - Evidence - Road traffic offences - Certificate under s58(2) of the Road Safety Act 1986 - Whether admissible in proof of offence created by s49(1)(f) - Road Safety Act 1986 (No 127), s49, s58 - Magistrates' Courts Act 1971 (No 8184), s85.

Contract - Credit - "Regulated contract" - Contravention of Act by credit provider - Application by credit provider that liability of debtor be increased - Whether credit provider must admit contravention - Jurisdiction of Credit Tribunal to make declaration that facts do not amount to contravention - Credit Act 1984 (No 10097), s85.

Practice and procedure - Self-executing order - Order striking out application for failure to disclose a cause of action - Order that application be amended in particular form - Appropriateness of order - Ambiguous and uncertain order.

Companies - Rule in Foss v Harbottle - Shareholder - Rights against company or administrator - Costs of action by minority shareholder - Action by shareholder of building society seeking removal of administrator - Whether building society should be added as defendant - Whether shareholder entitled to indemnity for costs - Principles - Building Societies Act 1986 (No 8), s119.

Tort - False imprisonment - Elements - Total restraint - Liability - Joint tortfeasors - Acts done in furtherance of common design - Aggravated damages.

Tort - Trespass to property - Entry pursuant to search warrant - Entry authorised "by day" - Entry and search concluded after sunset - Trespass after sunset.

Industrial law - Damages - Industrial disputes - Bans - Limitation on hours of work - Wrongful interference with contractual relations - Interference with trade or business by unlawful means - Conspiracy - Inducing breach of contract - Inciting union members to refrain from working in accordance with awards - Measure of damages - Industrial Relations Act 1988 (Cth), s312.

Industrial award - Industrial agreement - Incorporation into contract of employment - Effect of cancellation by Industrial Relations Commission Conciliation and Arbitration Act 1904 (Cth), s58 - Industrial Relations Act 1988 (Cth), s148. Damages - Wrongful interference with trade or business by unlawful means - Conspiracy - Inducing breach of contract - Measure of damages - Aggravated damages - Exemplary damages - Causation.

Practice and procedure - Appeal - Stay of execution - Principles - Security - Supreme Court Rules, R64.18.

Criminal law - Procedure - Magistrates' Court - Indecent assault - Crimes committed against young boys - Circumstances in which permanent stay of proceedings may be ordered - Procedure to be followed - Crimes Act 1958 (No 6231), s44.

Negligence - Motor vehicle accident - Contribution between tortfeasors - Whether incorporated nominal defendant is tortfeasor - When claim for contribution may be commenced - Whether defendant can claim contribution against co-defendant under Motor Car Act 1958, s49 - Wrongs Act 1958 (No 6420), s24(1)(c) - Motor Car Act 1958 (No 6325), s49.