Legal practitioners - Solicitor - Conflict of interest - Acting against former client - Confidential information - Real and sensible possibility of misuse - Limitation on retainer not to use confidential information.

Criminal law - Practice and procedure - Permanent stay of proceedings on presentment - Whether proceedings an abuse of process - Test to be applied - Prosecution case statement - Crimes (Criminal Trials) Act 1993 (No. 60) s8.

Companies - Arrangements and reconstructions - Reduction of capital - Confirmation by the court - Meeting - Notice of meeting - Non-receipt of notice by shareholder - Whether meeting duly convened - Independent expert's report - Resolution to reduce capital - Resolution to cancel partly-paid shares - Whether resolutions based on misapprehension - Corporations Law s195, s247(4), s253(8).

Wills and codicils - Charity and charitable gifts - Residuary gift on trust for "such Christian organisations and societies" as trustee selects - Class gift - Want of certainty - Purpose trust - Purposes not wholly charitable - Saved by statute Property Law Act 1958 (No. 6344) s131.

Criminal law - Evidence - Public interest immunity - Undercover police operatives - Personal safety of - Whether identity may be concealed from defendant.

Costs - Costs order against barrister - Trial judge proposing order - Whether barrister entitled to particulars of judge's complaint - Supreme Court Rules R63.23.

Practice and procedure - Service - Service on court or judge.

Criminal law - Sentence - Incitement to murder - Whether s10(1) of Sentencing Act 1991 applicable where maximum penalty altered - Whether passing of maximum sentence erroneous - Sentencing Act 1991 (No 49) s10.

Statutes - Interpretation - Ambiguous provision - Resort to Parliamentary debates - Interpretation of Legislation Act 1984 (No 10096) s35 - Crimes Act 1958 (No 6231) s321I.

Criminal law - Conspiracy - Conspiracy to defraud - Conspiracy to make a false statutory declaration - Whether conspiracy in Victoria where offence to be committed abroad - Statutory declaration - Crimes Act 1958 (No. 6231) s314, s321, s321A, s321E, s321F, s446(2) - Evidence Act 1958 (No 6246) s107, s141.

Appeal - Procedure - Abandonment - Order that appeal not be taken to be abandoned - Discretion - Stay of execution - Security for costs - Trustee company - Supreme Court Rules Ch 1, R64.12, R64.17(2), and R64.18.

Constitutional law - Royal Commission - Appointment by virtue of prerogative - Coercive powers - Order prohibiting publication of evidence - Whether invalid - Evidence Act 1958 (No. 6246) Pt I Div. 5.

Criminal law - Long and complex re-trial - Exceptional discontinuity of evidence and addresses of counsel - Conduct of counsel - Danger that verdict convicting accused was not a true verdict reached upon proper consideration of evidence - Verdict quashed - No new trial ordered - History of jurisdiction to order new trial - Crimes Act 1958 (No 6231) s191, s568(2).

Criminal law - Murder - Sentence - Sentence of life imprisonment imposed - Whether non-parole period should have been fixed - Sentencing Act 1991 (No 49), s11.

Landlord and tenant - Retail tenancies - Hotel premises - Meaning of "floor area" - Retail Tenancies Act 1986 (No 196) s3.

Practice and procedure - Appeal from order of master dismissing proceedings - Statement of claim disclosing no cause of action - Application for leave to amend pleading - Supreme Court Rules Ch 1, R23.01, and R36.01.

Tort - Whether duty at common law or under statute to deal fairly and in good faith - Whether duty at common law or under statute to take reasonable care not to do anything likely to injure claimant for accident compensation - Misfeasance in public office - Action on the case - Intentional infliction of physical harm and mental distress - Accident Compensation Act 1985 (No 10191).

Landlord and tenant - Retail tenancy - Jurisdiction - Arbitration - Claim for rectification of lease - Whether a dispute "arising under" a retail premises lease - Retail Tenancies Act 1986 (No 106) s21, s22 - Commercial Arbitration Act 1984 (No 10167) s4, s38.

Accident compensation - Worker - Damages - Non-pecuniary loss - Statutory limit on damages - Contributory negligence - Whether apportionment made to initial assessment or to statutory maximum - Accident Compensation Act 1985 (No 10191) s135, s135A - Wrongs Act 1958 (No 6420) s26(1).

Constitutional law - Local government - Council - Act dismissing council - Appointment of administrators - No limit on duration of administration - Provision for ministerial control of council finances - Whether Act constitutionally valid - City of Melbourne Act 1993 (No 98) - Constitution Act 1975 (No 8750) s16, s18, Pt2A.

Criminal law - Evidence - Trafficking in drug of dependence - Admissibility of evidence of video tape - Whether video camera a "listening device" - Discretion to exclude illegally obtained evidence - Listening Devices Act 1969 (No 7804) s3, s4, and s4A.

Prerogative writs - Mandamus - Order for release of person in custody during Governor's pleasure - Judicial review of prerogative power - Crimes Act 1958 (No 6231) s420, and s498.

Costs - Discontinuance - Whether costs can be awarded to discontinuing party - Supreme Court Rules R26.02, and R63.15.

Evidence - Books of account - Diary kept by director of company - Records of purchases, sales, unaccepted quotes and other matters - Admissibility of entries in the diary - Evidence Act 1958 (No 6246) s58A, s58D.

Accident compensation - Transport accident - Damages - Serious injury - Common law claim - Compensation claim statute-barred - Whether common law claim barred - s93 certificate - Impairment assessment - Transport Accident Act 1986 (No 111) s46A, s47, s68, and s93 - Transport Accident Amendment Act 1988 (No 32).

Accident compensation - "Transport accident" - Whether incident directly arose out of driving a motor vehicle - Meaning of "directly arising out of" - Transport Accident Act 1986 (No 111) s3(1).

Trust and trustees - Trust - Resulting - Constructive - Financial contribution to purchase price of property - Interest in property proportionate to contribution - Work done on property - Intention - Whether relevant to resulting trust.

Mortgages - Real property - Torrens system - Registration of forged instrument - Whether procured by fraud - Consequences of fraudulent registration - Indivisible instrument - Rights of persons not on the register - Locus standi - Standing of tenant in common to challenge mortgage affecting the interest of other tenant in common - Transfer of Land Act (No 6399) s44.

Practice and procedure - Preliminary question - Mixed question of law and fact - No evidence before the court - Facts said to be "common ground" between the parties - Whether sufficient basis to answer preliminary question - Supreme Court Rules Ch 1, R1.14, R1.15, R47.04.

Trusts - Trust property - Trust funds mixed with other funds - Property acquired with mixed funds - Whether trust property.

Legal practitioners - Solicitor - Misconduct - Grossly excessive fees Investigation by Secretary of Law Institute - Reference of matter by Secretary for hearing by Registrar or Solicitors' Board - Secretary's opinion that there "appears to have been misconduct" - Prima facie case to be established - Legal Profession Practice Act 1958 (No 6291) s38Q, s84.

Administrative law - Natural justice - Whether procedural fairness required in investigation - Whether opinion formed without taking into account relevant factors - Whether opinion reasonable.

Constitutional law - Governor - Administrator - Deputy Governor - Letters patent - Act assented to by administrator - Whether administrator had power to assent to Act - Distinction between administrator and deputy governor - Constitution Act 1975 (No 8750) s12A - Australia Act 1986 (Cth) s6 - Constitution (Governor's Powers) Act 1992 (No 70) s2, s4 - Road Safety Act 1986 (No 127) s49(1)(f) - Road Safety (Miscellaneous Amendments) Act 1989 (No 53).

Practice and procedure - Reservation of proceeding for consideration of the Full Court - Supreme Court Act 1986 (No 127) s15(2).

Discrimination - Equal opportunity - Public education - College offering "whole school approach" - Specially suited to Aboriginal students - Decision by minister to close college - Requirement or condition on which service is provided - Public education provided on condition that students attend a school not offering the "whole school approach" - Whether requirement or condition discriminatory - Whether requirement or condition denies Aboriginal students access to public education - Whether non-Aboriginal students could comply with requirement or condition - Whether requirement or condition reasonable - Equal Opportunity Board - Power to make orders - Order to prevent further discrimination - Order to redress loss, damage or injury - Discretion to make orders - Considerations relevant to exercise of discretion - Equal Opportunity Act 1984 (No. 10095) s4, s17, s28, s29(1), s44, and s46(2).

Legal practitioners - Counsel - Application for order restraining counsel from acting - Inherent jurisdiction of court to control counsel - Real and sensible risk of lack of objectivity.

Companies - Share capital - Par value of shares - Corporations Law s117 - Currency Act 1965 (Cth) s8, s9, and s11.

Practice and procedure - Subpoena to give evidence - Expense or loss incurred in complying with a subpoena - Legal representation for claim of privilege - Whether costs recoverable - Supreme Court Rules Ch 1, R42.08.

Will - Gift to son - Death of son before testatrix - Adopted child of son - Whether adopted child entitled to succeed to son's share of testatrix's estate - Meaning of "issue" - Wills Act 1958 (No 6416) s31 - Adoption Act 1984 (No 10150) s53.

Accident compensation - Worker - Serious injury - Common law proceeding for damages - Whether determination of serious injury a precondition to commencement of common law proceeding - What constitutes a determination of degree of impairment - Accident Compensation Act 1985 (No 10191) s135A.

Criminal law - Evidence - Similar fact evidence - Degree of similarity required to justify admissibility - Identification evidence - Direction required as to evidence of identification.

Evidence - Criminal law - Evidence of prosecution witness excluded as unreliable - Judge's discretion to exclude evidence - Role of jury as judges of facts.

Judgments and orders - trial judge's ruling that evidence inadmissible - Whether prerogative or declaratory relief available to challenge ruling.

Principal and agent - Agent acting for purchaser and vendor - Conflict of duty Non-disclosure of conflict to purchaser - Purchaser entitled to rescind contract Equity - Fiduciary duty - Vendor and purchaser - Vendor's officers recommending property to purchaser without disclosing interest - Vendor fixed with knowledge of conflict of interest - Purchaser entitled to rescind contract.

Accident compensation - Transport accident - Death benefit - Meaning of "earner" - Eligibility for age pension - Substantive and procedural requirements - Transport Accident Act 1986 (No 111) s3(1), s57 - Social Security Act 1947 (Cth) s42, s43, s44, s47.

Practice and procedure - Summary judgment - Whether "there ought for some other reason be a trial of the claim" - Transaction requiring close investigation - Inadequacies of statement of claim - Deficiencies in proof - County Court Rules Ch I, O.22.

Evidence - Transcript of evidence in criminal proceeding - Admissibility - Admissions - Self-serving statements.

Trusts - Constructive trust - Common intention - Detrimental action in reliance on common intention - Unconscionability - Equitable estoppel - Family farming enterprise - Ownership of properties comprising family farm.

Real property - Torrens system - Indefeasibility of title - Exceptions - Whether volunteer takes title free of prior equities - Fraud - Transfer of Land Act 1958 (No 6399) s42, s43, s44.

Limitation of actions - Action by a beneficiary under a trust - Fraud or fraudulent breach of trust - Accrual of right of action - Limitation of Actions Act 1958 (No 6295) s21.

Criminal law - Culpable driving causing death - Children's Court has jurisdiction to hear and determine charge - Children and Young Persons Act 1989 (No 56) s16, s134 - Crimes Act 1958 (No 6231) s318.

Practice and procedure - Discovery - Meaning of "power" - Whether company has power over documents in possession of its subsidiary - Commercial-corporate power - Court's general power under rules - Lifting corporate veil - Supreme Court Rules Ch I, R1.14, O.29, R34.01; Ch II, O.2.