Accident compensation - Worker - Contribution injury - Determination of liability of contributing insurer - Relevant date - Assessment - Whether entitlement to compensation extinguished by fully satisfied common law settlement - Workers Compensation Act 1958 (No 6419), s63(3), s64, s71(1), s72 - Accident Compensation Act 1985 (No 10191), s129B(6)(a)(iii), s135.

Accident compensation - Assessment by commission - Review by tribunal - Refund due in consequence of review - Whether and from when interest is payable - Accident Compensation Act 1985 (No 10191), s129G(11), s129G(12), s129G(13), s129G(14).

Statutes - Interpretation - Use of extraneous material as aid to interpretation - Interpretation of Legislation Act 1984 (No 10096), s35.

Practice and procedure - Appeal - Accident compensation - Order for refund - Application for stay pending appeal made by commission - Whether discretion to grant stay - Accident Compensation Act 1985 (No 10191), s61(7).

Criminal law - Preventive detention - Role of the courts - Risk to public safety - Risk to members of public - Acts of personal violence - Standard of proof - Exercise of discretion - Principles - Community Protection Act 1990 (No 10 of 1990).

Wills - Charitable gift - Gift for masses - Public benefit - Advancement of religion. Trusts - Charities - Cy pres - Impracticability of gift - Charities Act 1978 (No 9227), s2.

Accident compensation - Statutory scheme - Application out of time - Amending Act giving discretion to extend time - Procedural amendment - Whether amendment applicable to claim - Accident Compensation Act 1985 (No 10191), s56(8), s117(6) - Accident Compensation (General Amendment) Act 1989 (No 64), s31(4), s32(1), s33(1).

Statutes - Retrospective operation - Procedural amendment - Interpretation of Legislation Act 1984 (No 10096), s14(2).

Practice and procedure - Case stated - Costs.

Criminal law - Evidence - Expert evidence - Admissibility of evidence of DNA profiling.

Defamation - Publication - Adoption and repetition by member of Parliament outside Parliament of words spoken by him in Parliament - Whether publication of proceedings of Houses of Parliament - Constitution Act 1975 (No 8750), s73.

Accident compensation - Transport accident - Statutory compensation scheme - Threshold test to common law proceedings - Meaning of "serious injury" - Transport Accident Act 1986 (No. 111), s93(4), s93(6) and s93(17).

Practice and procedure - Appeal to Full Count from County Court - Function of Full Court on appeal - County Court Act 1958 (No. 6230), s74.

Statutes - Interpretation - Use of extrinsic materials - Parliamentary debates - Intention of legislature - Interpretation of Legislation Act 1984 (No. 10096), s35(b).

Practice and procedure - Renewal of writ - Discretion of court - Applicant to show good reason for renewal - Action statute barred if writ not renewed - Inordinate and inexcusable delay - Parties - Locus standi - Joinder - Provider of indemnity to defendant - Appeal to Supreme Court from County Court chambers - Hearing de novo - County Court Act 1958 (No. 6230), s74 - County Court Rules, r5.12(2).

Contract - Building contract - JCC B 1985 form of contract - Construction - Claim by builder for payment on progress certificates - Whether proprietor can raise cross claim in answer.

Practice and procedure - Summary judgment - Cross claim - Building contract - Claim by builder for payment on progress certificates - Whether proprietor can raise cross claim in answer - Supreme Court Rules, r13.14.

Practice and procedure - Costs - Order for payment of costs against non party - Power - Principles to be applied in exercise of discretion - Supreme Court Act 1986 (No. 110), s24.

Criminal law - Being in possession of property reasonably suspected of having been stolen or unlawfully obtained - "Reasonably suspected" - Elements of reasonable suspicion - Whether more than one suspicion could reasonably be held - "Unlawfully obtained" - Whether unlawful obtaining extends beyond actions analogous to theft - Summary Offences Act 1966 (No. 7405), s26.

Contract - Sale of land - Sale by public auction - Refusal of highest bidder to sign contract of sale - Oral agreement - Statute of Frauds - Instruments Act 1958 (No. 6279), s126.

Trade practices - Misleading and deceptive conduct - Representation as to future conduct - Whether contractual promise a representation as to future conduct - Reliance on representation necessary - Remedies - Whether injunctive relief available - Fair Trading Act 1985 (No. 10201), s10A, s11, s37, s41.

Criminal law - Drink driving offences - Defence that breath analysing instrument not operated properly - Defence not limited to showing failure to comply with regulations - Evidence - Authentication of documents - He arsay - Road Safety Act 1986 (No. 127), s49.

Legal practitioners - Solicitor - Practising certificate - Cancellation by Law Institute - Appeal to Supreme Court - Finality of judge's decision - Legal Profession Practice Act 1958 (No. 6291), s87.

Appeal - Appeal to Full Court - Decision of first instance court final and conclusive - Whether express words excluding appeal - Supreme Court Act 1986 (No. 110), s10(2) - Legal Profession Practice Act 1958 (No. 6291), s87(4).

Criminal law - Sentence - Prerelease - Sentences imposed for State and federal offences - Whether sentences may be aggregated for prerelease qualification - Corrections Act 1986 (No. 117), s80 - Crimes Act 1914 (Cth), s19AZD(3) - Crimes Regulations (Cth), reg5.

Arbitration - Costs - Whether arbitrator has discretion as to applicable scale of costs - Arbitrator awarding costs to be taxed - Whether Supreme Court has jurisdiction to intercept order for taxed costs - Taxation of costs - Whether Taxing Master has discretion as to applicable scale of costs - Commercial Arbitration Act 1984 (No. 10167), s34, s47, s49.

Practice and procedure - Costs - Jurisdictional limits - Costs penalty rules for inappropriate jurisdiction - Applicability of costs penalty rules to arbitration proceedings - Supreme Court Rules, r63.24, r63.25.

Companies - Powers - Assumptions of person dealing with company - Actual knowledge that assumption not correct - Effect of knowledge - Memorandum and articles of association - Assumption that memorandum and articles complied with - "Duomatic rule" - Seal - Affixing - Attesting signatures - Assumption of due sealing - Directors - Secretary - Holding out by company - Powers of directors - Authority - Directors' meetings - Resolution - Evidence - Minutes - Companies (Victoria) Code, s68, s68A - Property Law Act 1958 (No. 6344), s74.

Contract - Bill facility - Loan - Sham - Illegality - Back dating of documents - Stamp duty evasion - Attempt to mislead creditors - Companies (Victoria) Code, s230.

Indemnity - Whether "guarantee" or "security" - Companies (Victoria) Code, s230.

Practice and procedure - Pleading - Failure to plead allegation - Failure to lead evidence in accordance with pleading.

Appeal - Argument abandoned at trial - No findings of fact by trial judge.

Evidence - Certificate - Conclusive proof - Manifest error.

Local government - Town and country planning - Permit - Conditional permit - Whether condition valid - Condition personal to applicant - Time limit - Time limit referable to working lives of applicants - Whether invalid condition severable - "Interpretation of ... a permit" - Whether "interpretation of a permit" includes interpretation of portion of permit - Town and Country Planning Act 1961 (No. 6849), s18(2A), s32 - Planning and Environment Act 1987 (No. 45), s149A.

Criminal law - Procedure - Committal proceedings - Hand-up brief procedure - Whether mandamus available in respect of committal proceedings - Material to be included in hand-up brief - Requirement that copy be served on defendant - Effect on validity of committal proceedings where hand-up brief defective - Magistrates' Court Act 1989 (No. 51), s56, Sch. 5.

Criminal law - Procedure - Occupational health and safety - No case submission - Reference by Director of Public Prosecutions - Circumstances in which court will give opinion upon reference by director - Crimes Act 1958 (No. 6231), s24, s450A - Occupational Health and Safety Act 1985 (No. 10190), s21, s22 - Interpretation of Legislation Act 1984 (No. 10096), s51.

Testator's family maintenance - Application for provision by widow - Moral duty to make provision for widow - Adequate provision for proper maintenance and support - Life interest in matrimonial home - Whether proper provision - Relevance of entitlement to old age pension - Administration and Probate Act 1958 (No. 6191), Pt IV.

Contract - Credit - Regulated loan contract - Date signed - Statement of amount financed - Credit charge - Whether express statement of date on which contract signed by debtor required - Effect of erroneous inclusion of stamp duty in statement of amount financed - Credit Act 1984 (No. 10097), s36, s42, Sch. 4.

Tort - Negligence - Damages - Exemplary damages - Whether exemplary damages awardable for personal injuries caused by negligence.

Landlord and tenant - Retail tenancy - Jurisdiction - Misleading conduct inducing entry into lease - Claim for damages and variation of rental - Whether justiciable in Supreme Court - Whether dispute "arising under" retail premises lease - Retail Tenancies Act 1986 (No. 106), s21 - Trade Practices Act 1974 (Cth), s52 - Fair Trading Act 1985 (No. 10201), s11.

Administration and probate - Intestacy - Application for letters of administration - Mental incapacity of only person entitled to distribution - To whom grant should be made - English practice - Victorian practice - Administration and Probate Act 1958 (No.6191), s50 - Supreme Court (Probate and Administration) Rules 1985, O.1, r41.

Practice and procedure - Judgments - Default judgment - Setting aside on application of plaintiff - Principles applicable - Factors to be taken into account - Merger - Election - Supreme Court Rules, r21.07.

Estoppel - Res judicata - Issue estoppel - Environment protection and conservation - Preservation order - Determination that building not of sufficient importance to add to historic buildings register - Whether determination gives rise to res judicata or issue estoppel - Historic Buildings Act 1981 (No. 9667), s18(1)(d), s40.

Criminal law - Sentence - Principles - Credit for presentence detention - Back dating commencement of sentence to commencement of presentence detention - Penalties and Sentences Act 1985 (No 10260), s16.

Compulsory acquisition - Compensation - Heads of compensation - Relocation costs - Farmhouse replacement - Cost of finance - Borrowing costs and interest - Disturbance - Lands Compensation Act 1958 (No C28C), s11B(1)(C).

Compulsory acquisition - Compensation - Head of compensation - Relocation costs - future loss Extra cost in additional travelling time - Discount to reach present value sum - Lands Compensation Act 1958 (No 6286), 11B(1)(C).

Accident compensation - Gradual process injury - before and after appointed day - Entitlement to compensation for entire period - Accident Compensation Act 1985 (No 10191), s82(1), (6).

Arbitration - Award - Leave to appeal - Principles - "Nema" guidelines - Damages - Interest - Hungerford principle - Commercial Arbitration Act 1984 (No 10167), s31, s32, s38

Accident compensation - Contribution injury - Industrial deafness - Attributable to exposure before and after appointed day - Amount of contribution - Period in respect of which contribution liability relates - Accident Compensation Act 1985 (No 10191), s88(4), s126A, s129B(7) and s129B(8).

Criminal law - Murder - Evidence - Confessions - Statutory provisions governing conduct of interrogations - Meaning of "investigating official - Meaning of "suspected or ought reasonably to have been suspected" - Requirement that person in custody be taken before Magistrates' Court within reasonable time - Power of judge to admit confession where failure to comply with statutory requirements governing interrogations - Re-enactment - Parties - Doctrine of common purpose - Sentence - Significance of accused's willingness to testify against others - Crimes Act 1958 (No 6231), s464 - s464J.

Principal and agent - Sale of goods through agent - agent liable for payment to supplier - Whether solely liable - Liability of principals - Del credere agent.

Practice and procedure - Discover - Custody over documents - When documents are in custody of party - Memorandum prepared by party - Whether memorandum in his custody at time of preparation - Discovery of memorandum - Obligation to make continuing discovery - Extent of obligation - Duty to discover documents coming into possession of party after date of affidavit.

Practice and procedure - Subpoena duces tecum - Claim for legal professional privilege - When claim to be asserted.

Practice and procedure - Defamation action - Question whether material complained of capable of conveying imputations - When question determined - Whether trial should be with or without jury - Whether there should be joint trial.

Evidence - Privilege - Legal professional privilege - Copy of unprivileged document - Copy brought into existence for purpose of litigation - Whether protected by privilege.

Defamation - Damages - Failure to mitigate - Relevance of pre and post publication conduct of plaintiff - Aggravated damages - Question whether material complained of capable of conveying imputations - When question determined - Whether trial should be with or without jury - Whether there should be joint trial.

Maintenance and champerty - Libel action - Employee suing for libel - Agreement by employer to maintain action - Whether agreement unlawful maintenance - Whether employer has sufficient interest - Whether unlawful maintenance agreement a defence to claim for damages in libel action.

Companies - Scheme of arrangement - Change of company status from limited liability to no liability - Whether change could be effected by scheme of arrangement - Corporations Law, s411.

Building societies - Winding up - Application of principles of limited liability of companies - Non withdrawable shareholders - Unsecured creditors - Whether non withdrawable shareholders can prove for damages for misrepresentations inducing them to subscribe for shares - Building Societies Act 1986 (No 8), s48(2), Pt9 - Companies (Victoria) Code, s360(1), Pt12.

Liquor licensing - Liquor Commission - Full Commission - Application to Full Commission to review decision of single member - Jurisdiction of Full Commission - Club licence - Nature of - Power to impose conditions on club licence - Liquor Control Act 1987 (No 97), s48, s58, s105.

Personal property - Securities over - Pledge - Nature - Necessary elements of pledge - Whether limited to security for debt or other moneys - Whether capable of being security for future debt or liability - Whether capable of arising when goods delivered for purpose other than securing debt - Necessity for intention to create pledge - Registrability - Debenture charge - Priority - Corporations Law, s261, s262, s279, s280.

Statutes - Interpretation - Appointment of statutory informant - Validity Appointment "subject to the Public Service Act" - Public Service office - Government office - Occupational Health and Safety Act 1985 (No 10190), s21, s38, s48, s49 - Public Service Act 1974 (No 8656), s3(1), s21, s28, s37(4), s56 - Constitution Act 1975 (No 8750) s88.

Negligence - Professional negligence - Negligent misstatement - Duty of care - To whom? - Auditor of company accounts - Reliance by third party - Knowledge by auditor of reliance - Whether auditor owes duty of care to third party.

Practice and procedure - Cross vesting - Transfer of proceedings - Service of transferred proceeding outside jurisdiction - Discretion to grant leave - Mode of service - Jurisdiction of Courts (Cross vesting) Act 1987 (Cth), s11(3) - Jurisdiction of Courts (Cross vesting) Act 1987 (No 29), s11(3) - Supreme Court Rules, Ch I, R1.07, O.2, 7 and 27, Ch II R13.07 and 13.08.

Landlord and tenant - Retail tenancies - arbitration - Leave to appeal from arbitrator's award - Guidelines for grant of leave to appeal - Whether prima facie case of error needs to be shown - Whether arguable case of error sufficient - Retail Tenancies Act 1986 (No 106) s4, s5, s20, s21, s22 - Commercial Arbitration Act 1984 (No 10167), s3, s38.

Costs - Appeal costs - Indemnity certificate - Retail tenancy dispute - Arbitration - Appeal from arbitral award - Jurisdiction to grant costs indemnity - Whether appeal from a "court" or a "board" or other "body" - Appeal Costs Act 1964 (No 7117), s2, s13, s14 - Retail Tenancies Act 1986 (No 106), s20, s21, s22 - Commercial Arbitration Act 1984 (No 10167), s28, s38.

Taxation - Pay roll tax - Exemption - "Public benevolent institution" - Whether relief of poverty essential characteristic - Pay roll Tax Act 1971 (No 8154), s10(1)(ba).

Injunction - Interlocutory injunction - Principles for grant - Secured creditor - Exercise of power under securities - Whether exercise of power should be enjoined - Whether principles governing grant of injunctive relief applicable - Serious question to be tried - Balance of convenience - Irreparable loss.

Companies - Receiver - Whether prohibited from acting - Whether receiver had earlier exercised powers of director - Corporations Law, s9, s60, s418(1).

Principal and agent - Estate agent - Sale of land - Right to commission - Introduction of purchaser - Syndicate of persons introduced by agent - Land subsequently purchased by company formed by syndicate.

Contract - Construction - Implied term - Agency agreement.