Criminal law - Evidence - Road traffic offence - Possession of anti speed measuring device - Whether nature of device can be established by nonexpert evidence - Admissions - Road Safety Act 1986 (No 127), s74 - Magistrates' Court Act 1989 (No 51), s92.

Administrative law - La Trobe University - Petition seeking visitation, declarations and directions by Visitor - Powers of Visitor - Review of decisions and actions of university officers - Test to be applied - Degree obtained by fraud - Whether university has inherent power to revoke.

Compulsory acquisition - Compensation - Reservation of land - Compensation paid on first claim - Second claim made by purchaser of land - Whether compensation payable - Whether any additional loss suffered - Planning and Environment Act 1987 (No 45), s98 s99 s101

Negligence - Professional negligence - Negligent design of swimming complex - Duty of care of professional adviser to client - Breach of duty - Whether actions reasonable having regard to then state of knowledge - Damage - Negligent inspection of and reporting on damage - Liability of inspector - Pure economic loss - Consequential physical damage - Accrual of cause of action - Running of time - Commencement.

Limitation of actions - Action for negligence - Negligent design of swimming centre - Accrual of cause of action - Running of time - Commencement - Whether claim statute barred - Onus of proof in respect of limitation of action - provision in building contract imposing time limit for commencement of proceedings - Construction of provision - Limitation of Actions Act 1958 (No 6295), s5.

Real property - Mortgages - Caveat - Equitable mortgages - Priorities - Competing equities - Torrens system - Effect of failure of first mortgagee to lodge caveat - Transfer of Land Act 1958 (No 6399), s90(2).

Criminal law - Evidence - Sexual offences - Corroboration - Effect of transitional provision - Similar fact evidence - Right of silence - Direction to july - Application of no substantial miscarriage of justice proviso - Sentence - Crimes Act (No 6231), s62(3), s568(1) - Crimes (Sexual Offences) Act 1980 (No 9509), s2.

Resumption and acquisition of property - Refusal of planning permission - Land is or might be required for public purpose - Compensation - Principles to be applied - "Value to the owner" - "Reasonable consequence" of refusal - Nature of recoverable losses - Relevance of after-date events - Interest - Solatium - Land Acquisition and Compensation Act 1986 (No. 121) - Planning and Environment Act 1987 (No. 45), s98, s101, s104, s105.

Practice and procedure - Compromise - Compromise of proceeding to which person under disability a party - Compromise including provision for taxed costs - Compromise approved by court - Whether agreement can be varied.

Practice and procedure - Costs - Power to allow increase in solicitor's charges - When appropriate to allow increase in solicitor's charges - Rules of the Supreme Court, r63.34(3).

Resumption and acquisition of land - Compulsory acquisition - Compensation - Applicable principles - Market value - Whether valuation plans agreed for voluntary acquisition applicable to compulsory acquisition - Estoppel - Whether pre-acquisition expenses and loss recoverable - Meaning of "solatium" - Whether solatium payable in respect of pre-acquisition loss - Land Acquisition and Compensation Act 1986 (No. 121), s41 - Planning and environment Act 1987 (No. 45), s200, s201.

Motor vehicles - Registration of security interests - contents of register - Change of registration number - Whether registration number is part of definition of registrable goods - Absence from certificate of security interest earlier registered - Effect - Claim for compensation of dealer - Chattel Securities Act 1987, s13, s15, s16, s24, s26.

Practice and procedure - Costs - Power to order costs against non party - Persons represented in representative proceeding - Discretion - Supreme Court Act 1986 (No 110), s24, s34, s35 - Supreme Court Rules, O.18, O.63.

Practice and procedure - Separate trial of question - "Question in a proceeding" - Nature of question capable of separate trial - Question must bear upon entitlement to relief - Supreme Court Rules R47.04.

Criminal law - Drug offences - Jurisdiction - Being concerned in importation of heroin - Necessity for actual importation - Heroin imported at Melbourne - Jurisdiction where indictment alleges offence committed in another State - The Constitution (63 and C4 Vict c 12), s80 - (CTH) Judiciary Act 19.03 s68, s78A, s78B - (CTH) Customs Act 1901 s233B.

Criminal law - Procedure - Intentionally or recklessly causing injury - Whether one offence or two - Crimes Act 1958 (No 6231), s18 - Sentencing Act 1991 (No 49), Sch 2.

Private international law - Sovereign immunity - Government - owned airline - Suit by pilot formerly employed by foreign state for breach of contract of employment - Whether foreign state entitled to immunity from suit.

Contract - Credit - Regulated loan contract - Mortgage over fishing boat - "Farm machinery' - "Term loan" - "Pre determined credit charge" - "Fixed amount" - Whether exempt term loan may be re-opened - Regulated mortgage - Guarantee and indemnity - Whether guarantee and indemnity a regulated loan contract - Credit Act 1984 (No. 10097), s5, s11, s19, s30, s36, s89, s146 - Credit Regulations 1984, Reg5 - Credit Order No 15.

Administrative law - Injunction to restrain proceedings in inferior court or tribunal - Principles guiding exercise of court's jurisdiction to grant injunction.

Wills - Construction - "Personal effects" - Gift to A followed by gift to B on A's death - Whether gift of life interest to A and remainder to B - Whether gift to B conditional on A predeceasing testator - Words of contingency - Words of succession - Testator's intention

Local government - Election - How-to-vote cards - Registration - Card containing allegations concerning candidate and council - Whether allegations constituted "offensive material" - Local Government Act 1989 (No 11), Sch 5, CL2(3).

Administrative law - Administrative Appeals Tribunal - Appeal to Supreme Court - Question of law - Power of tribunal to extend time to apply for review - Whether acceptable explanation of delay in making application a condition precedent to exercise of power - (CTH) Administrative Appeals Tribunal Act 1984 (No 10155), s31(2).

Accident compensation - Disease due to nature of any employment - "Employment" - What is encompassed in employment - Classification of worker's employment - Whether employment may be defined in terms of increased risk - Accident Compensation Act 1985 (No 10191), s86.

Appeal - Appeal on question of law - Whether question of law identified in appeal - Accident Compensation Act 1985 (No. 10191), s61.

Easements - Right of way - Over private street in plan of subdivision - Effect of further subdivision - Right of carriageway - Right of way by foot - Whether physical condition of land determines extent of right of way - Incorporation of plan of subdivision in transfers - Reasonable enjoyment of subject land - abandonment - Transfer of Land Act 1958 (No 6399), s62(1), s73, and s98.

Real property - Adverse possession - Title by - Aggregation of periods of adverse possession by successive occupiers - Effect of declaration on others with interest in land - Effect of order to amend register.

Fire, explosives and firearms - Fire - False alarm - Attendance by fire brigade - Charges for attendance - Cause of false alarm not known - Whether owner or occupier had "reasonable excuse" for alarm being given - Metropolitan Fire Brigades Act 1958 (No 6315), s32D.

Fire, explosives and firearms - Fire - False alarm - Attendance by fire brigade - Charges for attendance - Alarm system maintained by competent maintenance company on which owner of premises relied - Whether owner had a "reasonable excuse" for alarm being given - Metropolitan Fire Brigades Act 1958 (No 6315), s32D.

Statutes - Interpretation - Use of extrinsic material - Parliamentary debates - Correspondence between government agencies - Submissions to cabinet - Cabinet minutes - Intention of legislature - Interpretation of Legislation Act 1984 (No 10096), s35(b).

Legal practitioners - Solicitor - Application by Council of Law Institute to appoint receiver - Person unable to obtain payment or money held by solicitor - Opinion of council - Reasonable grounds - Evidence - Conflict of interest of solicitor acting for more than one party to transaction - Legal Profession Practice Act 1958 (No 6291), s104B.

Criminal law - Procedure - Magistrates' Court - Charge sheet - Informant required by statute to file charge sheet - Charge sheet not filed by informant personally - Whether compliance with statute - Effect of non-compliance - Defendant convicted by magistrate - Appeal to County Court allowed for non-compliance - Whether error of County Court judge a jurisdictional error - Magistrates' Court Act 1989 (No 51), s30, s83, s85, and s86.

Accident compensation - Worker's "current weekly earnings" - "Actual earnings during the week" - Whether net profits of business conducted by worker constitute worker's "actual earnings" - Redemption of weekly benefits - Accident Compensation Act 1985 (No 10191), s5B(1), s93A, s115(2), and s115(6).

Practice and procedure - Children's Court - Protection applications - Joint hearing of applications relating to different children - Jurisdiction to order - Whether denial of natural justice if ordered - Children and Young Persons Act 1989 (No 56), s3, s15, s24(1) and s24(2), s25, s63(e) and s63(f), s70(4), s82.

Administrative law - Judicial review - Prohibition - Lack of jurisdiction - Jurisdiction of Children's Court to order joint hearing - Natural justice - Whether possible risk of future injustice constitutes denial of natural justice - Supreme Court Rules, O.56

Administrative law - Judicial review - Evidence - Extraneous evidence - Evidence not before Children's Court - Admissibility and weight on application for judicial review.

Criminal law - Computer trespass - Defendant entitled to access to computer for certain purposes - Use of access for other purposes - Making false document - Using false document - Linking automatic teller machine debit card to different account of defendant where that account is in credit - Whether causing bank to act to its prejudice - Summary Offences Act 1966 (No 7405), s9A - Crimes Act 1958 (No 6231), s83A.

Accident compensation - Transport accident - Period of entitlement to compensation of injured earner - Whether five days to be excluded from period must be earning days - Transport Accident Act 1986 (No 111), s43(1)(a), s44(1).

Companies - Directors - Liability for debts of company - Defences - Director taking no part in management of company - Whether debts incurred without express or implied authority - Whether no reasonable cause to expect company would not be able to pay its debts - Whether regard should be had to facts which director ought to have known - Companies (Victoria) Code, s556.

Accident compensation - Workers' compensation - Statutory benefits increased - Increase applicable to pre-amendment injury - Employer's liability increased by "additional amount" - "Additional amount" payable by insurer on behalf of employer - Recompense from statutory fund for insurer - Contribution agreement between successive insurers - Whether relevant date is date of earliest or latest compensable injury - Whether recompense available to insurer only if payment made other than by virtue of contribution agreement or common law claim - Whether recompense available to insurer only if all injuries are pre-amendment injuries - Workers' Compensation Act 1958 (No 6419), s2A(3), s2C(5), s2C(7), s2D(1), s2D(2), s2G(1), s2G(3).

Sale of land - Caveat - Sale by proprietor of land subject to mortgage - Caveat by chargee under guarantee - Refusal of chargee to remove caveat - Chargee claiming priority over mortgagee - Application by vendor for removal of caveat - Principles applicable - Relevant considerations where caveat blocks sale - Transfer of Land Act 1958 (No 6399), s90(3).

Criminal law - Murder - Sentence - Transfer of interstate prisoners - Habeas corpus - Whether sentence of death may be commuted without consent of condemned person - Full faith and credit - When prisoner transferred from interstate, Victorian authorities bound not to act in a way inconsistent with law of transferring State - The Constitution (63 and 64 Vic c 12) (Cth), s118 - State and Territorial Laws and Records Recognition Act 1901 (Cth), s18 - Prisoners (Interstate Transfer) Act 1983 (No 9881), s3, s6, s27, s28.

Administrative law - Review by Administrative Appeals Tribunal - Decision of Guardianship and Administration Board appointing administrator - Application for review by Administrative Appeals Tribunal - Nature of review - Functions of tribunal - Whether decision under review presumptively correct - Guardianship and Administration Act 1986 (No. 58), s4(2), s13, s19, s22, s24, s43, s46, s48, s61, s67 - Administrative Appeals Tribunal Act 1984 (No 10155), s25, s31, s32, s35, s36, s49, and s52.

Criminal law - Road traffic offences - Statutory interpretation - Presumption against retrospectivity when interpreting legislation - Road Safety Act 1986 (No 127), s54, and s58 - Interpretation of Legislation Act 1984, (No 10096) s14, s35 - Road Safety (Drivers) Act 1991 (No 19).

Statutes - Interpretation - Retrospective operation - Interpretation of Legislation Act, (No 10096) s14, and s35.

Discrimination - Equal opportunity - Equal Opportunity Board - Power to make interim order - Whether interim orders call be made expressed to operate beyond final hearing and determination of proceeding - Equal Opportunity Act 1984 (No 10095), s46(3).

Criminal law - Sale of food unfit for human consumption - Requirement that defendant receive copy of any analyst's certificate when served with summons - Meaning of "any" analyst's certificate - Meaning of "analyst's certificate" - Costs of warrantor - Food Act 1984 (No 10082), s8, s9, s16, s31, s45(6), and s63 - Food (Miscellaneous) (Certificate of Analysis) Regulations 1987, Reg21, Sch 4 - Magistrates' Court Act 1989 (No 51), s131.

Administrative law - Judicial renew - Review of judgment of visitor of university on petition - Grounds on which judgment may be renewed under Administrative Law Act - Administrative Law Act 1978 (No 9234), s14(2).

Criminal law - Procedure - Evidence - Fingerprint evidence - Circumstances in which fingerprints of suspect may be taken - Informed consent to fingerprinting - Admissibility of fingerprint evidence obtained following invalid order authorising finger-printing - Crimes Act 1958 (No 6231), s464K, s464L, s464M, s464P.

Practice and procedure - Originating process - Indorsement-- "Address of plaintiff - Place of residence - Irregular process - Power of prothonotary to refuse to sell - Discretion of court to direct prothonotary to seal - Supreme Court Rules, R5.07(1), and R27.06.

Mortgage - Torrens title land - Prohibition on leasing without prior consent of mortgagee - Lease without mortgagee's consent - Validity - Protection afforded by Transfer of Land Act 1958 (No 6399), s42(2)(e).

Caveat - Removal of - Caveat by lessee - Lease given by mortgagor without mortgagee's consent - Mortgagee exercising power of sale - Whether lease binds mortgagee - Damages for lodgment of caveat without reasonable cause - Onus of proof - Foundation for reasonable cause - Transfer of Land Act 1958 (No 6399), s66, s77(4), s90, and s118.

Evidence - Motor accident - Death resulting - Blood alcohol concentration of deceased - Whether evidence that deceased intoxicated - Whether evidence of probable behaviour of deceased - Purpose of evidence - Appropriate directions to jury.

Local government - Administrative law - Planning scheme - Amendment - Amendment by minister - Procedure - Exemption from compliance - Whether minister bound to accord natural justice to persons affected by decisions to amend and exempt - Grounds for exemption - Whether minister entitled to have regard to proceedings pending in Administrative Appeals Tribunal - Planning and Environment Act 1987 (No. 45), s17, s18, s19, s20, and s39.

Criminal law - Evidence - Confessions and admissions - Requirement that confessions and admissions be tape-recorded - Whether unrecorded separate questioning vitiates admissibility of recorded questioning - Crimes Act 1958. (No 6231), s464H.

Criminal law - Search warrants - Confidential information - Information about patient in possession of hospital - Whether hospital obliged lo provide information - Crimes Act 1958 (No 6231), s465 - Health Services Act 1988 (No 49), s141.

Criminal law - Rape - Evidence - Confessions by intellectually disabled person - Role of independent third person in interrogation of intellectually disabled person - Cross examination of prosecutrix - Evidence Act 1958 (No 6246), s37A.

Criminal law - Evidence - DNA profiling - Taking of blood sample - Power of Magistrates' Court to order suspect to give sample of blood - Reasonable grounds to believe that suspect committed offence in respect of which application is made - Information advanced to show reasonable grounds for belief - Whether hearsay may be relied upon for application - Standard of proof - Balance of probabilities - Degree of satisfaction by court - Crimes Act 1958 (No 6231), s464S, s464T, s464U - Magistrates' Court Act 1989 (No 51), s43.

Practice and procedure - Courts - Cross vesting - "Special federal matter" - Transfer of proceeding to Federal Court - Principles for transfer - Trade Practices Act 1974 (Cth), s45 - Jurisdiction of Courts (Cross vesting) Act 1987 (Cth) s3(1), s6(1), and s6(2).

Contempt of court - Person summoned to serve as juror - Instruction by employer not to attend - Application for punishment for contempt - Procedure - Admissibility of transcript of evidence in proceeding - Requirement that respondent to application have notice of all material upon which judge might reasonably be expected to act - Failure to apply to judge to discharge himself - Whether waiver - Supreme Court Rules, O.75.