Criminal law - Evidence - Circumstantial evidence - Identification evidence - Similarity evidence - Whether jury could convict on similarity evidence in combination with other circumstantial evidence - Misdirection to jury - Whether accused lost a reasonable opportunity of acquittal - Crimes Act (No 6231) s 568(1).

Limitation of actions - Extension of time - Application for extension of time within which to bring action - Personal injury claim - Whether period of delay runs from expiration of limitation period or from accrual of cause of action - Relevance of possible negligence claim against legal advisers - Limitation of Actions Act 1958 (No 6295) s23A.

Practice and procedure - Interest - Damages in the nature of interest from the commencement of the proceeding - Amendment to statement of claim articulating head of loss - Plaintiff succeeds in claim for that loss - Whether interest payable from date of issue of writ or date of amendment to statement of claim - Meaning of "proceeding" - Supreme Court Act 1986 (No 110) s3(1), s60(1) - Supreme Court Rules Ch I, R1.13.

Companies - Administration - Deed of company arrangement - Creditors and debts covered - Whether limited to creditors with claims due or payable on or before day specified in deed - Whether future or contingent debts covered - Corporations Laws s444D, 553.

Arbitration and awards - Award - When made - Appeal - Time limit for appeal Seaman's compensation - Arbitration by County Court judge - Whether County Court proceeding Seamen's Compensation Act 1911 (Cth) s5, Sch 2 - Seamen's Compensation Regulations 1926 (Cth) Reg30, Reg31, Reg36 - County Court Act 1958 (No 62300) s74.

Accident compensation - Accident Compensation Commission - Reclassification of establishment - Date of commencement of reclassification - Accident Compensation Tribunal - Power to review commission's decisions - Power to fix date of operation of reclassification - Meaning of "arising out of Accident Compensation Act 1985 (No 10191) s51, s53, s61(3), s181, s182, s187, s217, s218.

Administration and probate - Executor - Removal of Unfit to act - Conflict of interest and duty - Whether conflict of interest a ground for removal - Administration and Probate Act 1958 (No 6191) s34(1)(c).

Trust and trustees - Trustee Removal of - Conflict of interest and duty - Whether conflict of interest a ground for removal - Trustee Act 1958 (No 6401) s41(1), 48(1).

Accident compensation - Workers compensation - Injury arising out of or in the course of employment - Injury worsened by medical negligence - Damages - Damages for pecuniary loss - Statutory prohibition on damages for pecuniary loss - Exceptions to statutory prohibition - Accident Compensation Act 1985 (No 10191) s135(1).

Criminal law - Manslaughter - Unlawful and dangerous act manslaughter - Causation - Whether prosecution must prove death caused by particular act of one of co-accused - Recklessly causing serious injury - Consent to act causing serious injury - False imprisonment - Whether "injuriousness" basic element of false imprisonment.

Criminal law Procedure - When separate trials of co-accused should be ordered - Severance of counts - Particulars of charges - Irregularities affecting jury - Inconsistency of jury verdicts.

Criminal law - Evidence - Admissibility of records of interview - Whether accused were "suspects" or "in custody" - Tape-recording of interviews - Fairness in conduct of interviews - Evidence of relationship between accused and victim - Evidence of events leading up to victim's death - Crimes Act 1958 (No 6231) s459, s464(1), s464A, s464C, s464H.

Criminal law - Sentencing.

Practice and procedure - Contribution Fourth party claim - Liability of third and fourth parties alternative not concurrent - Whether fourth party liable for "the same damage" as third party - Wrongs Act 1958 (No 6420) s23b.

Costs - Third party proceedings - Third party succeeds because defendant succeeds against plaintiff - Liability for defendant's costs - Costs of plaintiff's claim - Costs of third party proceedings - Bullock order - Sanderson order.

Judgments and orders - Restitution - Successful appeal against order to pay money - Order directing repayment.

Limitation of Actions - Application for extension of time within which action may be brought - Whether material facts known to applicant - Whether applicant took reasonable steps to ascertain material facts - Limitation of Actions Act 1958 (No 6295) s23a.

Accident compensation - Damages - Non-pecuniary loss - Whether damages excessive - Whether determination by reference to jury assessment or amount reduced by statute - Principles for assessment of general damages for personal injury - Assessment of general damages by appeal court - Accident Compensation Act 1985 (No 10191) s135(3A).

Negligence - Contract - Valuer - Failure to make adequate enquiries - Causation - Mitigation - Contributory negligence - Whether a defence to a claim in contract - Wrongs Act 1958 (No 6420) s26.

Criminal law - Sexual offences - Buggery - Offence committed in 1968 - Whether prosecution barred by Crimes Act 1958 s58(4) or s59(3) - Court's power to stay prosecution - Nolle prosequi - Re-presentment on charges in respect of which nolle prosequi previously entered - Whether abuse of process - Sentencing - Compensation for abolition of remissions - Crimes Act 1958 (No 6231) s46, s48, s58(4), s59(3), s68 Crimes (Sexual Offences) Act 1980 (No 9509) s2 Crimes (Sexual Offences) Act 1991 (No 8) Sentencing Act 1991 (No 49) s10.

Criminal law - Sentence - Appeal by prosecution - Whether other alleged offences constitute aggravating circumstances - Standard of proof in resolving disputed issues of fact in sentencing - Tax offences - Discretion not to impose custodial sentence.

Trust and trustees - Practice and procedure - Locus standi - New trustees replacing trustee company - Change in identity of beneficiaries - Standing of new trustees to sue former trustee to recover damages and compensation - Standing to sue directors of former trustee - Standing to sue parent company of former trustee - Standing to sue partners of solicitor who was a director of the former trustee - Standing to sue auditors of trust - Standing to sue professional indemnity insurers of former trustee - Trust property - Whether various rights of action were trust property - Trustee Companies Act 1984 (No 10168) s19(2)(b) - Trustee Companies Act 1964 (NSW) s11(6), s31(3).

Companies - Trustee company - Whether directors liable by statute to beneficiaries for breach of trust by trustee - Companies Code s229A - Corporations Law s233.

Courts and judges - Judge - Bias - Apprehended bias - Evidentiary ruling in criminal trial - Prejudgment of prosecution case - Accusation by judge that bias application not made in good faith - Declaratory relief.

Jury - Criminal cases - Verdict - Majority verdict - Direction as to circumstances when majority verdict may be given - Perseverance direction - Appeal - Juries Act 1967 - (No 7651) s47 - Crimes Act 1958 (No 6231) s568(1).

Negligence - Solicitor - Loss of opportunity - Evidence - Burden of proof - Limitation of actions - Limitation of Actions Act 1958 (No 6295) s5.

Administrative law - Order for review - Time for applying for order nisi - Time for requesting reasons for decision - Whether statutory provisions mandatory - Application made outside statutory time limit - Whether order for review a nullity - Grant of building permit by surveyor - Whether surveyor a "tribunal" - Whether surveyor required to accord natural justice to adjoining owners Administrative Law Act 1978 (No 9234) s2, s3, s4, s8 Building Act 1993 (No 126) s19.

Local government - Building permit - Permit granted by surveyor employed by council - Whether council or surveyor was the decision-maker Building Act 1993 (No 126) s19.

Practice and procedure - Amendment of parties - Mistake in name - Mistake in description - Slip rule - Order for review under Administrative Law Act - Whether declaratory relief available in same proceeding - Whether relief under O.56 of the Supreme Court Rules available in same proceeding Administrative Law Act 1978 (No 9234) s3 Supreme Court Rules Ch 1, R36.01, R36.07, O.56.

Costs - Solicitor - Person accepting liability to pay on behalf of client - Whether entitled to bill in taxable form - Meaning of "party to be charged" - Disbursement account for counsel's fees - Whether bill of costs drawn in lump sum - Supreme Court Act 1986 (No 110) s61.

Practice and procedure - Jury - Damages - Personal injuries - Plaintiff's counsel putting figure for damages to jury - Duty to forewarn defence counsel and judge.

Criminal law - Sentence - Drug trafficking - Psychiatric illness - Relevance to sentencing.

Criminal law - Evidence - Similar fact evidence - Sexual offences - Failure of defence counsel to object to admission of evidence or to judge's direction - Corroboration warning in sexual cases - Whether conviction unsafe or unsatisfactory - Relevance of silence of accused Crimes Act 1958 (No 6231) s61.

Costs - Taxation - Counsel's fees - Certification for two counsel - Fees above scale - Whether taxing officer or reviewing judge can allow fees for two counsel and counsel's fees above scale - Meaning of "trial judge" - County Court Rules Ch 1, R63a.29, R63a.34a, App A, para29(h)(iii), para29(h)(v).

Administrative law - Natural justice - Domestic tribunal - Right to a hearing - Bias - Association - Expulsion of member - Committee of management - Quorum - Doctrine of necessity - Validity of committee election - Whether court should exercise supervisory jurisdiction - Associations Incorporation Act 1981 (No 9713) s14A, s21.

Criminal law - Sentencing - Serious sexual offender - Principle of proportionality - Principle of totality - Sentencing Act 1991 (No 49) s3, s5A.

Industrial law - Awards - Expired award incorporated in employment agreement - Employee Relations Commission - Power to declare meaning or effect of expired award - Application for declaration - Whether consent of all parties required for application - Whether application an enforcement proceeding required to be heard in Magistrates' Court - Employee Relations Act 1992 (No 83) s24, s29, s92, s98, s160.

Practice and procedure - Pleading - Striking out - Appeal - Interlocutory order - Leave to appeal granted by primary judge - Application by respondent for expeditious determination of appeal before appeal formally instituted - Application for leave to appeal against grant of leave to appeal - Whether primary judge should grant leave to appeal - Supreme Court Act 1986 (No 110) s10.

Criminal law - Evidence - Unsworn evidence - Abolition of right to give unsworn evidence - Application to trials commencing after amending legislation came into force - Commencement of trial on arraignment of accused - Meaning of "arraignment" - Re-arraignment before jury panel - New trial - Sentence - Conspiracy to defraud - Manifest disparity in sentences - Evidence Act 1958 (No 6246) s25 - Evidence (Unsworn Evidence) Act 1993 (No 12) - Crimes Act 1958 (No 6231) s391, s391A, s568(1).

Accident compensation - Worker - Redundancy payment - Weekly payments - Period of entitlement - Period of non-entitlement - Whether period of entitlement to weekly payments suspended during period of non-entitlement - Whether period of entitlement co-terminous with period of non-entitlement - Accident Compensation Act 1985 (No 10191) s82, s93, s93A, s93B, s96.

Negligence - Evidence - Expert evidence - Accident involving shower chair - Allegation that shower chair not properly maintained - Res ipsa loquitor - Shower chair not available - Defendant's failure to produce same kind of shower chair - Inferences open to the jury.

Conflict of laws - Constitutional law - Interlocutory order of New South Wales court - Order relating to mortgages of real property in Victoria - Whether New South Wales order within jurisdiction - Full faith and credit recognition - Jurisdiction of Courts (Foreign Land) Act 1989 (NSW) s3 - Commonwealth Constitution s118.

Motor vehicles - Meaning of "damaged motor vehicle" - Appeal from Magistrates' Court - Question of law - Transport Act 1983 (No 9921) s176

Accident compensation - Workers' compensation - Workers' compensation insurer - "Responsibility costs" under statutory insurance policy - Victorian Workcover Authority - Liability of Victorian Workcover Authority for failed insurer's responsibility costs - Meaning of "claim" - Solicitors' fees incurred by insurer - Whether responsibility costs act Workers Compensation Act 1958 (No 6419) s98, s101, s102.

Contract - Exemption clause - Construction - Main object of contract - Exemption clause read down so as not to defeat main object of contract - Carriage of goods - Deliberate conversion of goods by carrier - Whether carrier protected by exemption clause.

Carriers and carriage of goods - Ships and shipping - Bill of lading - Implied term of contract for delivery only in exchange for bill of lading - Hague Rules - Limitation of actions - Whether Hague Rules apply after discharge of goods from ship's rail - Sea Carriage of Goods Act 1924 (Cth) Schedule - Hague Rules art III, r6

Insurance - Marine - Trading limits - Casualty outside trading limits area - No notice of breach of trading limits - Whether insured indemnified - "Held covered" clauses - Institute clauses - "Warranty as to locality" - Contract - Construction - Intention of parties - Evidence - Whether pre-contractual negotiations admissible - Marine Insurance Act 1909 (Cth) s37(2).

Jury - Civil cases - Jury fees - Effect of failure by party requiring jury to pay fees the day before - Whether jury must be discharged - Whether other party could pay fees on the day act - Juries Act 1967 (No 7651) s15(3), 15(3a), 15(4).

Elections Commonwealth elections Preferential voting Marking ballot by numbering major parties equal last - Encouraging voters to put major parties equal last - Whether breach of Commonwealth Electoral Act - Injunction - Commonwealth Electoral Act 1918 (Cth) s240, s270, s329A, s383.

Criminal law - Sentencing - Serious sexual offender - Indefinite term of imprisonment - Proportionality - Sentencing Act 1991 (No 49) s18A, s18B, s18C, s18G, s18H, s18M.

Guarantee and surety - Principal contract - Construction - Relevance of expression of consideration in guarantee - Guarantor - Discharge of - Practice and procedure - Pleading - Amendment on appeal - Raising new point not taken below - Commercial list.

Limitation of actions - Extension of time within which action may be brought - Ignorance of legal rights - Further delay caused by solicitor's neglect - Whether excusable - Prejudice to defendant - Principles applicable on an application to extend time within which action may be brought - Limitation of Actions Act 1958 (No 6295) s23A

Practice and procedure - Pleading - Statement of claim - Indorsement headed "Statement of Claim" - Whether sufficient to comply with r5.04 - Compliance with pleading rules - Judgment in default of defence - Summary judgment - Supreme Court Rules Ch 1, r5.04, r14.04.

Administrative law - Natural justice - Medical panel - Opinion adopted as determination of court - Opinion affecting rights of a person - Whether panel required to accord procedural fairness - Whether panel a "tribunal" - Whether medical opinion a "decision" - Whether panel required to give reasons for opinion - Public policy considerations - Accident Compensation Act 1985 (No 10191) s45, s63, s125 - Administrative Law Act 1978 (No 9234) s2, s8.

Criminal law - Appeal - Sexual offence - Time bar against prosecution - Plea of guilty - Whether appeal against conviction can be entertained - Principles applicable to such appeals - Crimes Act 1958 (No 6231) s48, s567(c), s568(2).

Precedent - Full Court - Court of Appeal - Whether Court of Appeal bound by Full Court decisions.

Conversion - Damages - Measure - Wholesaler - Purchase price or sale price in wholesale market.

Estoppel - Equitable estoppel - Estoppel by conduct.

Criminal law - Sexual offence - Publication of name of victim - Whether publication permitted after conviction of offender - Meaning of "alleged offence" - Whether publication for "a purpose connected with a judicial proceeding" - Defence of victim's permission - Permission of child victim - Whether parents' permission sufficient - Proof of comprehension by child of consequence of permission - Defence of honest and reasonable mistake - Judicial Proceedings Reports Act 1958 (No 6288) s4.