Accident compensation - Employer's levy - Classification of employer's industry - "Activity" and "predominant activity" at establishment - Predominant activity determined by reference to work of employees at that establishment - Whether temporary staff deemed to work at establishment - Accident Compensation Act 1985 (No 10191), s181(3), and s182(1).

Accident compensation - Workers' compensation scheme - Employer's levy - Classification of employer's industry - Contiguous areas - Separation of establishments at commission's discretion - Degree of separateness needed - "Predominant activity" in operations at establishment - Predominant activity determined by reference to work of employees at that establishment - Accident Compensation Act 1985 (No 10191), s181(1), s181(2), s182(1), s182(2), s187(2), s187(3) - Accident Compensation Regulations 1990, Sch 6.

Local government - Market - Power of local council to fix rental for market stalls - Whether making of local law necessary - Common law right to fix rental Local Government Act 1989 (No 11), s8, and s113.

Practice and procedure - Judgment - Default judgment - Setting aside on application of plaintiff - Principles applicable - Principal and agent - Default judgment against agent - Whether default judgment against agent should be set aside to remove bar to claim against principal - Whether third party has standing to oppose application - Supreme Court Rules, R21.07.

Practice and procedure - Security for costs - Application by insurer - Relevant principles - Discretion - Supreme Court Rules, R62.02(1) (b) and R62.02(f) - Corporations Law, s1335.

Local government - Permit - Refusal of permit - Compensation - Land required for public purpose - Appeals against refusal - Whether bar to claim for compensation - Whether refusal requires formal notice - Planning and Environment Act 1987 (No 45), s61, s65, s77, s79, s84(3), s98, and s99(a)(i) - Planning Appeals Act 1980 (No 9512), s41.

Constitutional law - Legislation - Validity - Judicial power - Legislation declaring certain arrangements binding upon parties - Whether interference with judicial power - Competence of Parliament to enact legislation - Whether legislation complied with manner and form requirements for its enactment - Constitution Act 1975 (No 8750), s85 - Collingwood Land (Victoria Park) Act 1992 (No 14).

Criminal law - Evidence - Confessions and admissions - Voluntariness - Discretion to exclude - Crimes Act 1958 (No 6231), s464C, s464J.

Coroners - Inquest - Appeal from coroner's decision - Finding that applicant nurse contributed to death of patient - Whether "against the evidence and the - weight of evidence" - Standard of proof - Briginshaw test - What is a finding - Failure to give evidence - Coroners' Act 1985 (No 10257), s19, and s59.

Restitution - Tariff payment under commercial agreement reflecting government impost - Impost later held to be invalid - Compulsion or duress - Payment exacted by colour of office - Unreasonable payment to public authority Obligation to repay impost - Pipeline (Fees) Act 1981 (No 9593).

Criminal law - Evidence - Identification by way of DNA analysis - Confessions and admissions - Failure to allow suspect to attempt to communicate with legal practitioner before conducting interview - Discretion to exclude - Crimes Act 1958 (No 6231), s464C.

Business franchises - Licence fees - Liability - Notice of assessment - Validity - Notice served on applicant and previous partner - Whether notice a nullity - Failure to make full disclosure in application - Whether commissioner entitled to make assessment - Whether procedure of objection and appeal appropriate for determining validity - Business Franchise (Tobacco) Act 1974 (No 8597), s2(6A)(b), s7(2), s9, s10(1)(C), s11A(1), s19A(1)(e).

Constitutional law (Cth) - Duties of excise - Exclusive power of Commonwealth Parliament - State law imposing tobacco retailers' licence fee - Fee calculated upon value of tobacco purchased in period preceding commencement of period of new licence - Validity where fee so calculated excessive - The Constitution (63 and 64 Vic C 12) (Cth), s90 - Business Franchise (Tobacco) Act 1974 (No 8597), s9(1), s9(2), s10, and 19A(1).

Criminal law - Evidence - Tape recordings - Admissibility - Sentence - Whether more severe sentence may be imposed on re trial.

Criminal law - Possession of regulated weapon - What constitutes weapon -- Lawful excuse - Whether regulations ultra vires - Control of Weapons Act 1990 (No 24), s1, s6 - Control of Weapons Regulations 1990 (No 428), Reg5(s).

Landlord and tenant - Rent - Set off - Lease - Mortgagee in possession of leased land - Award of damages to tenant against landlord for breach of lease - Whether tenant may set off damages against rent owing to mortgagee in possession - Transfer of Land Act 1958 (No 6399), s42 and s78 - Supreme Court Rules, R13.14.

Administrative law - Freedom of information - Request for access to documents - Exemption from disclosure - Documents containing information relating to "the personal affairs of any person" - Whether corporation can have "personal affairs" - Freedom of Information Act 1982 (No 9859), s33(1).

Criminal law - Sentence - Tax evasion - Nature of voluntary disclosure - Disclosure after knowledge that audit imminent - Accused advised by Taxation Office that he would not be prosecuted - Non-custodial sentence - Appeal by Director of Public Prosecutions - Crimes Act 1914 (Cth), s29B.

Sale of land - Statement under s32 of the Sale of Land Act - Electricity and gas services - Whether connected to land - Failure to provide all information required by s32 - Rescission of contract of sale by purchaser - Whether purchaser entered into contract on the basis of information - Requirements for valid notice of rescission - Form and contents of rescission notice - Loss of right to rescind - Whether vendor acted honestly and reasonably - Whether purchaser in substantially as good a position - Sale of Land Act 1962 (No 6975), s32(2)(ea), s32(5) and s32(7).

Practice and procedure - Appeal - Principles governing appeals from exercise of discretion - Magistrates' Court Act 1989 (No 51), s109.

Criminal law - Procedure - Evidence - Criminal proceedings being heard in inferior court - Review by superior court - Circumstances in which superior court will review - Alternative arrangements for giving of evidence in sexual cases - Evidence Act 1958 (No 6246), s37C.

Restitution - Unjust enrichment - No binding contract - Recovery on quantum meruit for services rendered - Benefit to recipient of services - Meaning of "benefit" - Principles to be applied in valuing benefit.

Practice and procedure - Costs - Costs penalty rules for inappropriate jurisdiction - Counsel's fees - Power to award costs to be taxed in excess of scale - When appropriate to award counsel's fees in excess of scale - Fees for preparation - Daily fees - Supreme Court Rules, R63.24 - County Court Rules, R63A.29, Scale of costs, Items 29(f), 29(g), 29(h)(v).

Practice and procedure - Interest - Two proceedings issued within 3 years of each other - Two proceedings consolidated - Date from which interest should be awarded - Supreme Court Act 1986 (No 110), s60.

Consumer credit - Unjust contract or mortgage - Application to Credit Tribunal to re open transaction - Meaning of "unjust" - Failure by credit provider to comply with provision of Credit Act - Undue influence, unfair pressure or unfair tactics by finance broker - Credit provider's knowledge - Whether credit provider's conscience affected - Whether finance broker is agent of, or person acting or appearing or purporting to act for, credit provider - Representation by finance broker - Whether representation induced contract - Lease - Sham - Whether provisions of agreements unconscionable, harsh or oppressive - Mortgage - Guarantee - "All accounts" guarantee - Failure to give guarantor copy of regulated contract - Credit Act 1984 (No 10097), s35, s36(1)(d)(i) and s36(1)(d)(ii), s38(b), s42(1)(b) and s42(1)(c), s136, s145, s146, s147(2)(i).

Real property - Torrens system - Mortgages - Registration of forged instrument - Mortgagee innocent of fraud - Indefeasibility of title - In personam remedy against registered mortgagee - Subrogation - Entitlement to statutory indemnity - "Amendment to Register procured by fraud" - Indemnity - Transfer of Land Act 1958 (No 6399), s42, s44, and s110.

Criminal law - Road safety offences - Furnishing of sample of breath for analysis the result indicating more than the prescribed blood alcohol level - Defence that breath analysing instrument not in proper working order or properly operated - Admissibility of evidence in support of defence - Road Safety Act 1986 (No. 127), s49.

Landlord and tenant - Lease - Interpretation - Covenant to pay rates and outgoings - Whether insurance premiums included - Whether subsequent conduct of parties relevant to interpretation of lease.

Contract - Interpretation - Subsequent conduct of parties irrelevant.

Practice and procedure - Discovery - Inspection - Legal professional privilege - Copy of privileged document - Copy made for use by another party in litigation - Whether copy privileged in hands of other party - Supreme Court Rules, R29.11(c).

Criminal law - Criminal procedure - Jury in criminal trial - Power of trial judge to stand aside person called from panel before sworn - Person called stood aside after being seated in jury box - Power to call further person from panel without empanelling procedure commencing afresh - Discretion of trial judge - Separate trials - Juries Act 1967 (No. 7651), s33, s34, s43, s44.

Practice and procedure - Interest - Entitlement to interest until judgment - Effect when "good cause is shown to the contrary" - Discretion - Liquidator's recovery of preferences - Delay in commencing and prosecuting proceeding - Whether delay can be "good cause to the contrary" - Interest allowed by judge over reduced period - Appeal - Nature of appeal - Supreme Court Act 1986 (No. 110), s58.

Criminal law - Driving offence - Preliminary breath test - Validity of requirement - Place at which and time within which test to be carried out - Road Safety Act 1986 (No. 127), s49, s53, s55.

Statutes - Construction - Implication of words - Insertion of term as to reasonableness.

Practice and procedure - Discovery - Inspection - Legal professional privilege Application of "sole purpose" test - Whether privilege applicable to part of document - Severance - Whether non-privileged part can be severed - Waiver - Contents of party's legal advice relevant to issues pleaded by that party - Whether privilege waived in respect of such advice.

Accident compensation - Transport accident - Injury in course of employment - Statutory compensation scheme - Damages in respect of "serious" injury - Whether damages confined to "journey" transport accident and not "workplace" transport accident - Accident Compensation Act 1985 (No. 10191), s135(1)(ac)(i) - Transport Accident Act 1986 (No. 111), s38(2), s93(10).

Town planning - Shire planning scheme - "Rural" zone - Permit sought for shooting range - For use by private club members and guests - Whether "tourist establishment" - Amenity of area.

Consumer credit - Regulated loan - Regulated mortgage - Incorrect date in loan contract - Failure to disclose insurance commission charge - Debtor not liable to pay credit charge - Re-opening transaction - Breaches of Credit Act - Failure by credit provider to insist that debtor obtain independent expert advice - Debtor unable to afford loan - Misrepresentation by supplier concerning insurance - Whether supplier agent of, or person acting or appearing or purporting to act for, credit provider - Unfair tactics - Whether supplier's misrepresentation reasonably foreseeable by credit provider - Credit Act 1984 (No. 10097), s36(1)(a) and (h), s42(1), s85, s85B, s127(3), s145, s146, s147(2)(a), (g) and (i), s147(4).

Criminal law - Murder - Conviction - Evidence - Witness tainted or potentially unreliable - Direction to jury - Sufficiency.

Companies - Winding up - Insolvency - "Mutual dealings" - Three loans by bank to company - Each loan secured by chattel mortgage - Default - Sale by bank of mortgaged assets - Surplus on two sales, deficiency on third - Whether bank can set off surpluses against deficiency - Bankruptcy Act 1966 (Cth), s86.

Landlord and tenant - Retail tenancy - Jurisdiction - Dispute over "key money" - Assignment of lease - Whether dispute between "landlord and tenant" - Whether jurisdiction of Magistrates' Court excluded - Distinction between privity of estate and privity of contract - Retail Tenancies Act 1986 (No 196), s21.

Stamp duty - Transfer of real property to trustee of unit trust - Transferor sole unit holder - Trustee with power to issue units - Whether transfer to trustee "to be held solely as trustee" of transferor - Whether transfer exempt from duty - Stamps Act 1958 (No 6375), Third Schedule, Heading VI, exemption (18).

Practice and procedure - Building society - Investigation - Investigator's reports provided to Registrar of Building Societies and Victorian Financial Institutions Commission - Whether investigator's reports should be provided to liquidator of building society - Whether court may prevent unfair advantage to litigant in civil proceedings - Information which is product of coercive process - Principles governing interference by courts in exercise of coercive powers - Building Societies Act 1986 (No 8), s27(1), s32, s33, s34(1), s35, s122(1) - Financial Institutions (Victoria) Act 1992 (No 48), s78.

Resumption and acquisition of land - Reservation of land for retarding basin and community use - Compulsory acquisition - Compensation - Method of valuation - Whether presence of retarding basin affected valuation on Pointe Gourde principles - Whether solatium claimable by a corporation - Whether cost of preparing matter for trial is expenditure "necessarily incurred" because of acquisition - Whether interest suspended for period of implied grant of extension of time - Land Acquisition and Compensation Act 1986 (No 121), s40, s41, s43, s53, s57.

Resumption and acquisition of land - Refusal of planning permission - Land reserved for public purpose - Compensation - Interest - Whether interest payable as part of compensation - Whether interest payable pursuant to s55 of the Land Acquisition and Compensation Act as part of compensation under the Planning and Environment Act - Compensation for holding costs incurred after refusal of planning permission - Whether compensation for land replacement payable in the absence of evidence of actual replacement costs - Compensation for loss of opportunity to invest amount of compensation recoverable - Land Acquisition and Compensation Act 1986 (No 121), s55 - Planning and Environment Act 1987 (No 45), s98, s104.

Resumption and acquisition of land - Compensation - Land Valuation Board of Review - Status - Whether board a "court" for purposes of s33 or Supreme Court Act 1986 - Whether board can award interest on compensation - Supreme Court Act 1986 (No 110), s33, s60.

Practice and procedure - Costs - Arguments not put below - Whether successful party entitled to full costs.

Practice and procedure - Interest - Whether undertaking as to repayment, not referring to interest, precluded court from awarding interest.

Statutes - Interpretation - Amending Act - Removal of prohibition on wholesale of tobacco by unlicensed persons - Power to recover amount of licence fee for prohibition period after prohibition removed - Whether power to assess survives amendment - Business Franchise (Tobacco) Act 1974 (No 8597), s19A(1)(d) - Interpretation of Legislation Act 1984 (No 1009C), s14(2)(e).

Administrative law - Assessment under Business Franchise (Tobacco) Act 1974 - Power to make assessment - Business Franchise (Tobacco) Act 1974 (No 8597), s19A(1)(d).