Industrial law - Awards - Wages - Underpayment - Continuing offence - Whether an offence under s82(2) of Industrial Relations Act 1979 - Whether employer can be prosecuted under both s82(2) and s108(1) of Industrial Relations Act 1979 for underpayment of wages - Whether s82(2) creates continuing offence - Industrial Relations Act 1979 (No. 9365), s82(2), s108(1), s110(2).

Evidence - Admissibility - Whether doctor may give evidence which could identify patient - Evidence Act 1958 (No. 6426), s28(2) - Health Services Act 1988 (No. 49), s141(2).

Evidence - Admissibility - Expert evidence - Data on which experts may rely - Information in authoritative scientific publications - admissibility of publications.

Evidence - Admissibility - Sound and video recordings of television programs - Prior inconsistent statements - Evidence Act 1958 (No. 6246), s35, s36, s55. Negligence - Duty of care - Breach - Relevance of financial resources of defendant.

Trade practices - Time limit for bringing action - Awareness of facts giving rise to cause of action - Whether cause of action barred - Trade Practices Act 1974 (Cth), s74B, s74D, s74J.

Criminal law - Procedure - Summary offences - Amendment of information - Whether information may be amended by inserting times and places of alleged offences more than one year after alleged offences occurred - Magistrates' (Summary Proceedings) Act 1975 (No. 8731), s157, s165.

Contract - Statutory illegality - Loan contract made in contravention of statute - Whether contract void - Building Societies Act 1986 (No. 8), s57.

Statute - Interpretation - Building society - Prohibition - Whether society prohibited from making contract or taking security - Requirement to obtain valuation from "valuer who is engaged independently of owner" - Meaning - Building Societies Act 1986 (No. 8), s56, s57.

Criminal law - Evidence - Murder - When verdict may be set aside as unsafe and unsatisfactory - Evidentiary significance of accused's silence at trial - Standard of proof in criminal cases - Whether judge should explain to jury meaning of "beyond reasonable doubt" - Admissibility of evidence of tests and experiments - Nature of a view.

Administrative law - Equal opportunity - Commissioner for Equal Opportunity - Complaints of discrimination - Grant of extension of time within which to make complaint - Request for reasons for decision - Reasons prepared by successor of decision maker - Whether decision to extend time a "decision" for purposes of Administrative Law Act 1978 - Whether commissioner a "tribunal" - Whether successor can provide commissioner's reasons - Whether reasons provided adequate - Remedy for failure to provide reasons - Whether s8(4) of Administrative Law Act 1978 a code - Equal Opportunity Act 1984 (No. 10095), s44(6) - Administrative Law Act 1978 (No. 9234), s2, s3, s8.

Criminal law - Person suspected of committing rape and murder - Order for compulsory taking of blood sample - Whether suspect entitled to issue subpoenas against police calling for production of documents - Crimes Act (1958) (No.6231), s464U - Magistrates' Court Act 1989 (No.51), s43.

Contract - Credit - "Regulated loan contract" - Unjust contract - Application - by debtor to reopen transaction - Jurisdiction of Credit Tribunal to determine whether contract unjust - Condition precedent to jurisdiction - Meaning of "unjust" - When is contract unjust - Relevant circumstances - "Commission charge" - Credit Act 1984 (No. 10097), s5, s36, s145, s146, s147.

Practice and procedure - Credit Tribunal - Determination by tribunal - Application to review - Tribunal appearing to support its own decision - Whether desirable.

Criminal law - Procedure - Drug offences - Bail - Appeal to Supreme Court by Director of Public Prosecutions against grant of bail - Whether appeal from single judge to Full Court competent - Whether right of appeal from single judge to Full 15 Court conferred - Customs Act 1901 (Cth), s233B - Supreme Court Act 1986 (No 110), s10 - Constitution Act 1975 (No 8750), s75 - Bail Act 1977 (No 9008), s18, s18A.

Administrative law - Equal opportunity - Discrimination - Impairment - Introduction of scratch tickets and driver - only trams in public transport system - Whether discriminatory against disabled - Imposition of "requirement or condition" which was "not reasonable" - Matters relevant to reasonableness - Whether conduct necessary to comply with direction of minister and director-general - Orders of board - Whether void for uncertainty - Equal Opportunity Act 1984 (No 10095), s17(5), s29, s39(e)(ii) - Transport Act 1983 (No 9921), s31.

Criminal law - Failure to comply with regulations - Transportation of dangerous goods - Interpretation of legislation - Whether failure to comply with regulations made under authority of Act constitutes offence - Requirements for validity of subordinate legislation - Interpretation of Legislation Act 1984 (No. 10096), s32 - Dangerous Goods Act 1985 (No. 10189), s3, s4, s10, s45 - Dangerous Goods (Transport) Regulations 1987, reg300 - Australian Code for the Transport of Dangerous Goods by Road and Rail.

Criminal law - Attempted murder - Whether provocation available as defence to attempted murder - Crimes Act 1958 (No. 6231), s321M, s321N.

Local government - Application for permit - Application made with object of its being refused - Whether valid application - Two grounds available for refusal of application - Whether responsible authority may choose one ground - Appeal from refusal by responsible authority - Power of Administrative Appeals Tribunal to direct authority to refuse application on particular ground - Effect of disallowance of appeal by tribunal - Whether disallowance founding claim for compensation - Planning and Environment Act 1987 (No. 45), s47, s98 and s99.

Criminal law - Offences relating to dangerous substances - Occupational health and safety - Criminal procedure - Whether charges for offences punishable on summary conviction should be dealt with separately - Whether categorisation of indictable offence changes if heard summarily - Minister's power to appoint inspectors - Presumption of regularity - Doctrine of validity of acts of de facto public officials - Right of member of public to lay information - When power to make regulations implies power to provide sanctions for failure to comply - Magistrates (Summary Proceedings) Act 1975 (No 8731), s6(2) - Dangerous Goods Act 1985 (No. 10189), s11, s40, s52 - Occupational Health and Safety Act 1985 (No 10190), s38, s47, s48, s49 - Dangerous Goods (Flammable Liquids) Storage Regulations 1988, reg7, reg8, reg12.

Criminal law - Drug offences - Forfeiture order - Meaning of benefit - Form of forfeiture order - Crimes (Confiscation of Profits) Act 1986 (No 101), s5, s12, s13.

Companies - Winding up - Company's assets - Whether company retains ownership of assets - Unauthorised sale or company's assets by director to bona fide purchaser - Whether disposition void - Applicability of Companies (Victoria) Code, s368 and Goods Act 1958 (No 6265), s27.

Criminal law - Murder - Evidence - Discretion to exclude evidence of unindemnified accomplice.

Magistrates - Jurisdiction - Defamation - Claim for damages for hurt and distress - Whether in respect of "personal injury" - Magistrates' Court Act 19 (No. 8184), s3.

Negligence - Duty of care - Builder - Liability to prospective purchasers - Proximity - Reliance - Economic loss.

Criminal law - Drug offences - Confiscation order - Requirement of benefit - Crimes (Confiscation of Profits) Act 1986 (No 101), s7, s12, s13, s49.

Liquor licensing - Liquor Commission - Full Commission - Application to Full Commission to review decision of single member - Form of hearing by Full Commission - Rehearing - Whether Full Commission has discretion as to form of hearing - Commissioners undertaking view of liquor outlets - Proceedings not reconvened after view - Whether denial of natural justice - Liquor Control Act 1987 (No 97), s105.

Criminal law - Appeals - Road traffic offences - Amending legislation - Construction - Whether affecting right to appeal from order made prior to amendment - Interpretation of Legislation Act 1984 (No 10096), s14 - Road Safety Act 1986 (No 127), s49, s58 - Road Safety (Certificates) Act 1990 (No 66).

Education - "School" - "Teacher - Self-instruction - Whether place where children work through self-instruction manuals is school - Whether supervisor of self-instruction programme is teacher - Education Act 1958 (No 6240), s3, s34IA, s35, s44.

Criminal law - Culpable driving causing death - Effect of certificate recording results of breath analysis - Crimes Act 1986 (No C231), s318 - Road Safety Act 1986 (No 127), s49, s55, s57, s58.

Insurance - Professional indemnity - Exclusion clause - Construction - Exclusion of claim by person advised by insured to invest in business controlled by insured - Time at which disqualifying criteria must exist - Whether business should be controlled by insured at time of advice or at time of investment.

Contract - Election - Insurer conducting defence on behalf of insured - Express reservation of right to deny indemnity - Whether insurer elected not to rely upon exclusion.

Contract - Regulated loan contract - Linked insurance contract - Insurance contract subject to Insurance Contracts Act 1984 (Cth) - Application to reopen insurance contract under Credit Act 1984 - Whether permissible - Credit Act 1984 (No 10097), s145 - s149 - Insurance Contracts Act 1984 (Cth), s15.

Building societies - Administration - Winding up - Expenses of administration - Building contract entered into by administrator - Moneys payable by building society under contract - Priorities - Whether moneys are expenses of administration - Building Societies Act 1986 (No 8), s115(5) and s115(6).

Damages - Assessment - Fatal accident - Action pursuant to Pt3 of Wrongs Act 1958 - Lost wage benefits - Admissibility of evidence of earnings from date of death to date of trial - Matters to be taken into account - Wrongs Act 1958 (No 6420), Pt3 - Transport Accident Act 1986 (No 111), s173, s175.

Landlord and tenant - Retail premises lease - Jurisdiction - Dispute as to existence of lease - Whether dispute arising under retail premises lease - Retail Tenancies Act 1986 (No 106), s3, s21.

Insurance - Employer's indemnity - Statutory policy - Costs incurred in defending claim by worker - Insured successfully defending claim - Liability of insurer to indemnify in respect of costs.

Accident compensation - "Transport accident" - "Incident directly caused by or directly arising out of the driving of motor car" - "Driving" - Whether driving includes being in charge of motor car - Transport Accident Act 1986 (No 111), s3(1) - Transport Accident (Amendment) Act 1988 (No 32), s4(1)(c)(ii).

Practice and procedure - Costs - Taxation Pretrial preparation fees of counsel Daily fees - Applicable principles - Appeal from Taxing Master - Supreme Court Act 1986 (No 110), s67 - Supreme Court Rules, Ch 1, O.63

Accident compensation - Motor accident - Payment of compensation by insurer - Claim for reimbursement by insurer - Amount payable - Workers Compensation Act 1958 (No. 6149), s8(2B), s8(2D).

Practice and procedure - Costs - Taxation - Solicitors' bill rendered to liquidator of insolvent company - Review of Taxing Master's decision - Parties - Standing of solicitors on application for review - Rules applicable - Reasons required from Taxing Master - Basis of taxation - Whether party / party, solicitor / client or solicitor / own client - Effect of new rules of court - Costs reasonably incurred and of reasonable amount - Relevance of circumstances attending the taxation and giving rise to it - Right of solicitors to tax barristers' fees - Whether failure to tax affects taxation of solicitors own bill - Disbursements not paid before taxation - Whether allowable on taxation - Supreme Court Act 1986 (No. 110), s67 - Supreme Court Rules Ch. 1, O.63; Ch. 5, O.13.

Industrial law - Industrial association - Application for recognition as association - Whether "genuine association" - Matters to be taken into account - Numerical strength - Track record - Industrial Relations Act 1979 (No. 9365), s53, s55(3).

Contract - Offer and acceptance - Counter offer - Acceptance by conduct - Certainty - Omission of information required to be stated by an Act - Requirement of statement of times for payment of instalments - Information which is "known or can be calculated at the relevant date" - Implied term - Absence of provision that "goes to the heart of the bargain" - Credit Act 1984 (No. 10097), s36(1)(g)(v).

Contract - Credit - Regulated contract - Regulated mortgage - Written offer signed by debtor - Alteration to signed offer document - Not initialled by debtor - Whether incorporated in contract - Whether contract in writing signed by debtor - Statement of amount financed - Overstatement of amounts payable for stamp duty and fees - Effect of overstatement - Compensation - Reopening transaction - Whether breach of Credit Act makes contract unjust - Power of Credit Tribunal to make interim orders - Civil penalty - Loss of credit charge - Order increasing liability of debtor to credit provider - Principles guiding exercise of Credit Tribunal's discretion - Credit Act 1984 (No. 10097), s5(1), s30(2), s32(2), s32(4), s32(5), s36(1)(b), s47, s85, s145, s146, s147 - Credit Regulations 1984, reg27(a).

Employment - Contract - Change in responsibilities of employee - Whether new contract - Terms - Implied terms - Reasonable notice - Termination of employment - Insufficient notice - Damages - Measure - Obligation to mitigate loss.

Administration and probate - Public policy - Manslaughter of testator by wife beneficiary - Whether wife's interest under testator's will forfeited.

Accident compensation - Assessment of injury to worker - Loss of mental powers - "Involving inability to work" - Whether necessary to show inability to perform work at all - Partial incapacity - Whether necessary to show total loss of mental powers - Inability to do usual work - Accident Compensation Act 1985 (No. 10191), s98.

Sale of land - Contract incorporating Table A - Failure of purchaser to complete - Rescission by vendor - Effect of rescission - Rights of vendor to sue for damages independently of conditions in Table A - Assessment of damages - Transfer of Land Act 1958 (No. 6399), 7th Schedule, Table A.

Practice and procedure - Pleading - Claim by vendor for damages - Whether pleading constituted election to retain land and claim damages only - Assessment of damages by master - Powers of master upon assessment - Supreme Court Rules, r36.01, r36.03, O.49, r51.03.

Practice and procedure - Lapse of one year or more since last step in proceeding - Notice of desire to continue proceeding - Whether summons by certain defendants to set aside judgment against them was step in proceeding against other defendants - Supreme Court Rules, r3.06.

Statute - Interpretation - Amending Act - Removal of prohibition on wholesale of tobacco by unlicensed persons - Power to recover licence fee for prohibition period after prohibition removed - Notice of assessment - Validity - Assessment challenged in proceedings other than appeal or review - Whether assessment duly made - Conclusiveness of assessment - Business Franchise (Tobacco) Act 1974 (No. 8597), s19A(1)(d), s19B, s19E(2) - Interpretation of Legislation Act 1984 (No. 10096), s14(2)(e).

Administrative law - Assessment under Business Franchise (Tobacco) Act 1974 - Power to make assessment - Validity - Conclusiveness of assessment - Business Franchise (Tobacco) Act 1974 (No. 8597), s19A(1)(d), s19B, s19E(2).

Administrative law - Licence fee - Notice of assessment - Validity - Assessment challenged in proceedings other than appeal or review - Whether assessment dub made - Conclusiveness of assessment not under commissioner's hand - Business Franchise (Tobacco) Act 1974 (No. 8597), s19A(1)(d), s19B, s19E(2).

Legal aid - Decision of Legal Aid Commission - Review - Legal aid review committee - Whether decision of committee final and conclusive - Legal Aid Commission Act 1978 (No. 9245), s35.

Administrative law - Legal aid review committee - Natural justice - Right to hearing - Whether oral hearing necessary - Legal Aid Commission Act 1978 (No. 9245), s35.

Criminal law - Sentencing - Drug trafficking - Mitigation - Addiction as mitigating factor - Informing and providing evidence against associates - Whether relevant to mitigation - Method of fixing sentence - Customs Act 1901 (Cth), s233B - Crimes Act 1914 (Cth), s16A(2)(h), s21E.

Sale of land - Contract - Condition as to delivery of chattels - Damage to chattels before completion - Non fulfilment of condition - Whether condition a -promise - Rescission - Compensation - Estate Agents (Standard Forms of Contract) Rules 1983 - Sale of Land Act 1962 (No. 6975), s34 - Transfer of Land Act 1958 (No. 6399), Seventh Schedule, Table A, Conditions 5 and 6.

Contract - Sale of land - Conditions - Condition as to delivery of chattels - "Promise" or "promissory condition" - "Condition" or "contingent condition"- Innominate term - Effect of non fulfilment.

Injunction - Interlocutory injunction - Confidential information - Injunction to restrain breach of confidence - Identity of police informant - Proposed publication on television programme - Photographs and accompanying text - Whether photographs and text constituted confidential information or might disclose confidential information - Public policy.

Criminal law - Procedure - Power of prosecutor to file presentment notwithstanding discharge at committal proceedings - Magistrates' Court Act (No. 51), s56(2), Schedule 5, CL11.

Negligence - Contributory negligence - Whether contributory negligence involves breach of duty - Damages - Assessment - Apportionment of responsibility - Unreasonable verdict - Improper compromise by jury - Reduction of damages by amount of compensation paid - Accident Compensation Act 1985 (No. 10191), s135(4A).

Appeal - Misdirection - Consequences of misdirection - Risk of wrong verdict - Whether new trial to be ordered - Significance of failure of counsel to object.

Accident compensation - Action by Accident Compensation Commission for indemnity - Nature of action - Whether action in tort or contract - Accident Compensation Act 1985 (No. 10191), s138 - Supreme Court Rules, r47.02.

Criminal procedure - Juries - Applicable guidelines as to jurors' questions to witnesses.