Arbitration - Contract - Implied terms - Whether implied term that hearing be in private - Legal incident to particular class of contract - Custom of country - Broad equitable considerations - Whether implied term that information disclosed in arbitration is confidential - Difficulty in formulating general rule and exceptions - Declaration - Whether declaration appropriate - Declaration in vague or general terms - Declaration based on hypothetical facts - Stay of proceedings - Commercial Arbitration Act 1984 (No 10167), s14, s26, s47, s53.

Administrative law - Freedom of information - Request for access to documents - Exemption from disclosure - Documents which, if disclosed, would "prejudice the ... proper administration of the law in a particular instance's - Whether "police briefs" exempt from disclosure - Freedom of Information Act 1982 (No 9859), s31(1)(a).

Contract - Sale of land - Offer and acceptance - Postal acceptance rule - Exchange of counterparts - Revocation of acceptance after posting counterpart - Whether contract completed upon posting or actual receipt of counterpart - Escrow.

Magistrates' Court - Practice and procedure - Tape recording of proceedings - Right of party to tape record proceedings - Discretion of magistrate.

Statutes - Interpretation - Payroll tax imposed on "wages" - Work Care levy imposed on "leviable remuneration" - Redundancy payments by employer into fund - Redundancy payments made from fund after cessation of employment - Whether payments by employer into fund are "wages" or "leviable remuneration" - Payroll Tax Act 1971 (No 8154), s3(1), s3(2E), s6, and s8 - Accident Compensation Act 1985 (No 10191), s5(1), s5(14), s186, and s195.

Accident compensation - Transport accident - Injury in course of employment - Statutory compensation scheme - Threshold test to common law proceedings - Whether particular decisions of Transport Accident Commission in relation to threshold test reviewable by Administrative Appeals Tribunal - Transport Accident Act 1986 (No 111), s34, s38, s47, s63, s77, and s93 - Accident Compensation Act 1985 (No 10191), s135.

Statutes - Interpretation - Use of amending Act in interpreting unamended sections of principal Act - Use of extrinsic materials - Parliamentary debates.

Insurance - Reinsurance - "Full reinsurance clause" - MeaniNg of "follow the settlement" provisions - Settlement between insurer and insured - Settlement between reinsurer and insurer - Whether subsequent reinsurer obliged to follow settlement between first reinsurer and insurer - Whether settlement falls within risks covered by reinsurance policy.

Evidence - Expert evidence - Whether expert evidence admissible on effect and consequences of "follow the settlement" provisions.

Industrial law - Contract of employment - Incorporation of terms Incorporation by reference to agreement - Incorporation of terms from award - Inconsistency between express terms of contract and terms of award - Provision for hours of work and accrued day off - Express terms that employees work eight hours per day "except where an accrued day off is taken as per the 38 hour week agreement" - Award term providing for 38 hour week to be worked with some days being of 10 hours - Whether award term incorporated in contract - Meaning of qualification "subject to practicality" in agreement - Whether incorporated in contract.

Appeal - Full Court - Leave to appeal - Decision on issues of liability - No order pronounced - Whether a "determination" - Whether final or interlocutory - Supreme Court Act 1986 (No 110), s10, and s14(4)(b).

Local Government - Council - Powers - Contract - Whether contract an unlawful fetter on exercise of council's power - Withdrawal of development proposal - Local Government Act 1958 (No 6299), s811G, s811H, and s811J.

Contract - Best endeavours clause - Breach - Repudiation - Damages.

Landlord and tenant - Retail tenancy - Meaning of "retail premises" - Retail provision of services - Caravan park - Meaning of "floor area" - Retail Tenancies Act 1986 (No 106), s3, and s21.

Costs - Open offer - Offer of compromise - Supreme Court Rules and statutory discretion on costs - Land Acquisition and Compensation Act 1986 (No 121), s91 - Supreme Court Rules, Ch I, R1.05, O.26, Ch II, R1.05 - Supreme Court Act 1986 (No 110), s24.

Land - Resumption - Compulsory acquisition - Compensation - Role of open offers - Land Acquisition and Compensation Act 1986 (No 121), s31, s33, s34, s35, s36, s37, and s106.

Administrative law - Costs - Administrative Appeals Tribunal - Appeal against issue of planning permit - Power of tribunal to award costs - Proceedings brought vexatiously or frivolously - Meaning of "proceedings" - Costs order against person who brought the proceedings - Costs order against non party who sponsored the bringing of the proceedings - Meaning of "sponsored" - Planning Appeals Board Act 1980 (No 9512), s34(2)(e), s58 - Planning and Environment Act 1987 (No 45), s150 - Administrative Appeals Tribunal Act 1984 (No 10155), s52.

Administrative law - Public service - Public servant - Offence - Disciplinary proceedings - Appeal - Whether resignation is waiver or abandonment of right or appeal Public Service Act 1974 (No 8656), s59, s60, and s63.

Damages - Misrepresentation - Misleading or deceptive conduct - Causation - Assessment of damages - No evidence of loss - Nominal damages - Trade Practices Act 1974 (Cth), s52, s82.

Practice and procedure - Appeal - Whether plainffffs entitled to retrial limited to question of damages - Conduct of plaintiffs.

Criminal law - Sentence - Sentence by magistrate - Appeal to County Court - Increase in sentence - Requirements of procedural fairness.

Practice and procedure - Contribution - Claims by defendants against third parties and by third parties against fourth parties - Time within which a party against whom claim for contribution is made may commence claim for contribution - Limitation of actions - Wrongs Act 1958 (No 6420), Pt4, s24(4).

Practice and procedure - Service of originating process out of Victoria - Application to set aside - Onus and standard of proof - Contract made within Victoria - Postal acceptance rule - Contract made by or through an agent Carrying on business or residing within Victoria - Agency - Ostensible authority - Tort committed within Victoria - Damages caused by tortious act or omission - Whether breach of statutory provision a tortious act or omission - Necessary or proper party to the proceeding - Supreme Court Rules, Ch 1, R7.01, R7.02, R7.04, R7.05, and 8.09 - Trade Practices Act 1974 (Cth), s52, s82, and s87 - Fair Trading Act 1985 (No 10201), s11, s36, and s41.

Practice and procedure - Service of originating process out of Victoria - Application to set aside - Discretion - Submission to jurisdiction of foreign courts - Practices and procedures of foreign court - Inappropriate forum - Arbitration - Supreme Court Rules, Ch 1, R7.01, R7.02, R7.05, and R8.09 - International Arbitration Act 1974 (Cth), s7.

Companies - Membership of Lloyd's insurance market - Whether a "prescribed interest" - Companies (Victoria) Code, s5, s169, and s171.

Contempt - Injunction - Inquiry by statutory tribunal - Civil action concerned with same subject matter - Potential prejudice to defendant in civil action - Whether tribunal should be restrained from proceeding with inquiry - Balance of convenience - Public interest - Valuers' Qualification Board - Variation of Land Act 1960 (No 6653), s10, and s13C.

Practice and procedure - Discovery - Legal professional privilege - Tape recording of non confidential conversation between parties - Tape and transcript delivered to solicitor for use in proceedings and for obtaining legal advice - Sole purpose - Confidentiality.

Legal practitioners - Solicitors - Conflict of interest - Whether former directors of company are "as good as" clients of company's solicitors - Solicitors acting for receivers and for secured creditor in separate litigation - Allegations by secured creditor against company - Injunction - Intervention by court to restrain engagement of solicitors by a party.

Administrative law - Planning scheme - Alleged inconsistency between State and local sections - Destruction of native vegetation without permit - Alteration of topography without permit - Meaning of "track" - Planning and Environment Act 1987 (No 45), s7 - Gisborne Planning Scheme, State Section, CL3.8, CL5, CL7.2.3, CL7.4; Local Section, CL5D(v)(iii) and CL5D(vi), 38, 50, 90A.

Practice and procedure - Building Cases List - Pleading - Sufficiency of particulars - Allegation without foundation - Non compliance with order for particulars - Payment into court of amount not in dispute - Supreme Court Rules, Ch II, O.3.

Local government - Council - Discontinuance of road - Pre requisites to exercise of statutory power - Opinion that road not reasonably required for public use - Resolution of council - Objection by person affected - Burden of proof - Local Government Act 1958 (No 6299), s193A, s528.

Criminal law - Sentence - Aggravated rape - Attempted murder - When order for cumulation of sentences should be made - Offender not to spend more time in custody only because of abolition of remission entitlements - Fact that victim unconscious at time of rape not a mitigating factor - Court's power under s17(5) of Crimes Act 1958 to entertain all submissions in support of higher or lower sentence - Crimes Act 1958 (No 6231), s17(5) - Corrections Act 1986 (No 117), s60 - Sentencing Act 1991 (No 49), s10 - Corrections Regulations 1988, Reg97.

Criminal law and procedure - Prosecution case statement - Defence response - Notice to admit - Crimes (Criminal Trials) Act 1993 (No 60), s5, s8, and s11.

Criminal law - Traffic offences - Blood certificate - Application to cross examine medical practitioner who signed blood certificate - Matters of which court must be satisfied before grant of application - Road Safety Act 1986 (No 127), s57.

Contempt of court - Interference with administration of justice - Documents suspected of being stolen or unlawfully obtained - Search by police officers of counsel's brief - Seizure of documents by informant while proceedings in progress - Considerations relevant to punishment.

Administrative law - Order to review - Intellectual Disability Review Panel - Intellectual disability - Assessment of "general intellectual functioning" - Material to be considered by panel - IQ tests - Standards of personal independence and social responsibility - "Wednesbury" unreasonableness - Intellectually Disabled Persons' Services Act 1986 (No 53), s3, and s8.

Wills and codicils - Gift to two sons as shall be alive at date of death - Son predeceased testator - Entitlement of deceased son's issue - Wills Act 1958 (No 6416), s31.

Accident compensation - Transport accident - Leave to bring common law proceedings - Serious injury - Aggravation of pre existing condition - Transport Accident Act 1986 (No 111), s93.

Criminal law - Sentence - Hospital security order - Whether period of order and non parole period manifestly inadequate - Whether life appropriate - Non parole period - Sentencing Act 1991 (No 49), s93.

Insurance - Employee fidelity policy - Exclusion clause - Construction - Exception to exclusion - Act or default of a director who is an employee - Act or default committed while director performing acts coming within the scope of the usual duties of an employee.

Land tax - Land owned by municipality - Lease to corporation for business purposes - Covenants in lease lessening unimproved freehold value - Apportionment of land tax between municipality and lessee - Land Tax Act 1958 (No 6289), s8(2), s9, and s42.

Taxation - Assessment under Business Franchise (Tobacco) Act 1974 - Power to make assessment - Amendment to Act increasing rate of tax - Statutory interpretation - Retrospectivity - Business Franchise (Tobacco) Act 1974 (No 8597), s7, s10(1), s10(7) - Business Franchise (Tobacco) (Amendment) Act 1989 (No 75), s4, and s5.

Negligence - Duty of care - Statutory duty - Whether breach of statute could constitute breach of common law dub of care - Dangerous article - Airgun left with unsupervised boys - Causation - Novus actus interveniens - Damages - Whether excessive - Firearms Act 1958 (No 6251), s29(2).

Appeal - Procedure - Proposed amendments to grounds of appeal - Alleged misdirections to jury - Transcript of judge's charge deficient.

Consumer credit - Term loan - Order in council exempting term loans from operation of legislation - Whether order repugnant to legislation - Guarantee and indemnity - Whether guarantee and indemnity a regulated loan contract - Credit Act 1984 (No 10097), s18, s19, and s146 - Credit Order No 15.

Compulsory acquisition - Compensation - Land reserved for proposed public open space - Refusal to grant permit to subdivide - Relevant date for determining "highest and best" use of land - Underlying zoning - Reservation by subterfuge - Abuse of zoning power - Whether zoning a step in scheme to acquire land for public open space - Solatium for intangible and non financial disadvantages - Compensation for replacement and legal expenses - Planning and Environment Act 1987 (No 45), s98, s99, s100, s104, and s105 - Land Acquisition and Compensation Act 1986 (No 121), s43, and s44.

Factories and shops - Shop - Hours - Prohibition on Sunday trading - Exemption - Hardware shop - Meaning of "hardware shop" - Shop selling electric light fittings - Whether electric light fittings are "electrical fittings and accessories" - Whether shop sells quantity and range of required goods - Whether predominantly a shop for sale of required goods - Shop Trading Act 1987 (No 10), s3A, s7(3)(C), and s25A.

Evidence - Expert evidence - Meaning of "electrical fittings and accessories" - Whether a technical term - Whether opinion evidence admissible.

Criminal law - Manslaughter - Deceased beaten over lengthy period by several persons - Causation - Liability of persons engaged in joint criminal enterprise - Whether Crown required to prove presence of accused when acts constituting crime were committed.

Criminal law - Murder - Provocation at common law - Application of High Court's definition in Stingel v R (1990) 171 CLR 312 to Victoria - Sufficiency of evidence of provocation for jury's consideration - Sentence.

Damages - Exemplary damages - Whether exemplary damages available under Pt3 of Wrongs Act 1958 - Wrongs Act 1958 (No 6420), Pt3.

Accident compensation - Transport accident - Motor vehicle - Fork-lift - Whether intended to be used on a highway or in a public place - Objective test - Evidence of user - Accident Compensation Act 1985 (No 10191), s135(1)(ac) - Transport Accident Act 1986 (No 111), s3(1) - Road Safety Act 1986 (No 127), s3(1).

Resumption - Reservation of land for public purpose - Compensation - Sale of reserved land - Compensation paid to vendor - Purchaser refused permit to develop reserved land - Whether refusal of permit gave right to additional compensation - Whether any additional loss suffered - Planning and Environment Act 1987 (No 45), s98(2), s99(d), s101, s102 and s104.

Constitutional law - Doctrine of separation of powers - Legislation - Validity - Judicial power - Legislation declaring certain arrangements binding upon parties - Whether interference with judicial power - Competence of Parliament - Whether legislation complied with manner and form requirements for its enactment - Constitution Act 1975 (No 8750), s18, s85 - Victoria Park Land Act 1992 (No 86) - Collingwood Land (Victoria Park) Act 1992 (No 14).

Real property - Torrens system - Sale by registered mortgagee - No transfer to purchaser registered - Breach of duty alleged by mortgagor - Equitable interest or mere equity - Caveat - Caveatable interest - Transfer of Land Act 1958 (No 6399), s89(1), s90(3), s103(1).

Insurance - Liability insurance - Exclusion clause - Construction - Liability excluded for pollution - Injury caused by dispersal of lime dust and release of chlorine gas - Proviso to exclusion if pollution caused by an "accidental unexpected and unintended happening" - Onus of proof.

Criminal procedure - Magistrates' Court - Power to make suppression order - Making of suppression order part of proceedings before the court - Whether witness summons may be issued by non-party - Whether granting newspaper right of audience renders it party to proceedings - Health Act 1958 (No 6270), s129 - Magistrates' Court Act 1989 (No 51), s22, s25, s26, s43, s100.

Practice and procedure - Magistrates' Court - Suppression order - Whether newspaper entitled to challenge suppression order - Whether s129 of Health Act 1958 authorised the making of an interim or temporary suppression order - Meaning of asocial consequences" - Paramountcy of s119 of Health Act - Health Act 1958 (No 6270), s119, s129.