Coroners - Inquest - Appeal - Power of court on appeal - Coroner's findings - Comment - Report to Attorney-General - Finding that police contributed to death - Meaning of "contributed" - Order declaring finding void - Whether counsel representing coroner could make full submissions - Whether police force a "person" - Coroners Act 1985 (No 10257) s19, s21(1), s59.

Practice and procedure - Courts - Cross-vesting - Transfer of proceedings from Victoria to South Australia - Delay in seeking transfer - Limitation of actions - Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) - Limitation of Actions Act 1936 (SA) s48.

Evidence - Admissibility - Report by Australian Securities Commission - Prima facie evidence of facts and matters found to exist - Meaning of "matter" - Whether opinion and conclusions admissible - Whether findings of mixed fact and law admissible - Best evidence rule - Speculative, vague or uncertain findings - Weight and relevance - Australian Securities Commission Law s14, s17, s81 - Companies (Victoria) Code s292 - Building Societies Act 1986 (No 8) s27 - Co-operation Act 1981 (No 9718) s116 - Friendly Societies Act 1986 (No 119) s103.

Practice and procedure - Discovery - Inspection - Confidentiality - Inspection sought by trade rival - Whether judge should inspect documents - Inspection restricted to legal advisers and experts.

Criminal law - Appeal - Forfeiture of property - Appeal against forfeiture order - Nature of right of appeal - Discretion to extend time for making application for forfeiture order Crimes (Confiscation of Profits) Act 1986 (No 101) s3, s5, s7, s51.

Criminal law - Sentencing - Evidence - Burden and standard of proof of sentencing issues - Distinction between aggravating circumstances and mitigating circumstances - Distinction between circumstances of the offender and circumstances of the offence.

Sale of land - Contract - Purchaser's statutory right to avoid contract - Whether vendor entitled to relief from avoidability - Whether vendor acted reasonably - Whether purchaser in substantially as good a position as if vendor had complied with statute - Objective test - When purchaser might rescind - Whether inducement relevant - Sale of Land Act 1962 (No 6975) s32(5), s32(7).

Practice and procedure - Pleading - Amendment - Admission - Amendment withdrawing admission before the close of pleading - Whether leave or consent required - Supreme Court Rules r25.02, r36.03.

Associations and clubs - Evidence - Unincorporated associations - Incorporation - Certificate of incorporation - Whether conclusive evidence that incorporated body is successor to unincorporated association - Vesting of property in incorporated association - Associations Incorporation Act 1981 (No 9713) s4, s7, s8, s42, s44.

Criminal law - Appeal - Sentence - Evidence - Fresh evidence - Admissible as showing the true significance of facts in existence at the time of sentence - Factors attracting leniency in sentencing - Circumstances making imprisonment burdensome to prisoner - Prisoner in protective custody - Prisoner giving assistance to prosecuting authorities in unrelated offence Crimes Act 1914 (Cth) s16A(2)(h).

Accident compensation - Injury occurring between 31 August 1985 and 30 June 1993 - Statutory "transfer" of liability from Victorian WorkCover Authority to authorised insurer - Whether authority remains liable to pay compensation - Accident Compensation (WorkCover Insurance) Act 1993 (No 50) s1, s5, s7, s34, s46(a), s63, s75 - Accident Compensation Act 1985 (No 10191) s125.

Contempt - Civil contempt - Criminal contempt Contempt of civil process - Contempt of criminal process - Statute reserving to Attorney-General exclusive power to apply to punish for contempt of court that involves an interference with due administration of justice - Whether statute applicable to all kinds of contempt - Restriction on rights of private persons to bring proceedings for contempt of civil process - Courts and judges - Restriction on court's inherent powers - Statutory interpretation - Public Prosecutions Act 1994 (No 43) s46, s49 - Supreme Court Rules Ch I O75.

Constitutional law - Courts and judges - Legislation - Law restricting - Supreme Court's jurisdiction, powers and authorities - Manner and form - Parliament's power to amend Constitution - Constitution Act 1975 (No 8750) s85.

Injunction - Interlocutory - Administrative tribunal - Interim enforcement order - Presumption of validity of legislation - Balance of convenience - Telecommunications Act 1991 (Cth) Telecommunications (Exempt Activities) Regulations (Cth).

Constitutional law - Inconsistent Commonwealth and State laws - Commonwealth legislation permitting cable television carrier to install overhead cables - State planning laws - Commonwealth Constitution s109 Telecommunications Act 1991 (Cth) Planning and Environment Act 1987 (No 45).

Town and country planning - Installation of overhead cables - Whether planning approval required.

Criminal law - Trafficking in a drug of dependence - Meaning of "offer for sale" - Not necessary to prove offeror intended to complete offer - Drugs, Poisons and Controlled Substances Act 1981 (No 9719) s70, s71.

Practice and procedure - Administrative law - Judicial review - Extension of time for commencing proceeding - Decision demonstrably wrong - Delay in obtaining legal aid to commence proceeding - Whether "special circumstances" - Supreme Court Rules O56.

Administrative law - Business franchises - Tobacco licence - Licensee's failure to provide information - Licensee suspected of involvement in revenue avoidance scheme - Suspension of licence - Whether suspension justified - Order staying suspension - Ex parte application - Business Franchise (Tobacco) Act 1974 (No 8597) s7AI, s9B Administrative Law Act 1978 (No 9234) s3, s4(1), s6.

Industrial law - Contract - Collective agreement - Whether legally enforceable - Whether an "industrial instrument" - Principal and agent - Whether union was agent for employees - Consideration Intention to create legal relations - Companies - Receiver - Retrenchment payments - Priority in receivership Corporations Law s433(4), s556(1)(h), s556(2).

Defamation - Annual report of statutory body - Report containing details of disciplinary proceedings - Tabled in Parliament and distributed elsewhere - Statutory immunity - Privilege - Absolute - Qualified - Quasi-judicial proceedings - Duty and interest to provide and receive information - Malice - Express malice - Reckless indifference to truth or falsity - Imputed malice - Statutory privilege - Report of proceedings of Parliament - Report of proceedings in public of person appointed to hold a public inquiry - Report of a House of Parliament - Copy or abstract of a report published by order or under authority of a House of Parliament - Whether proceeding liable to be stayed Estate Agents Act 1980 (No 9428) s9, s11, s11A, s97A, s98 - Wrongs Act 1958 (No 6420) s3A - Constitution Act 1975 (No 8750) s73, s74.

Administrative law - Business franchises - Tobacco licence - Refusal to grant - Review - Grounds for review - Whether commissioner satisfied or not satisfied of certain matters - Business Franchise (Tobacco) Act 1974 (No 8597) s7AB, s7AE, s7AH, s7AI, s10(1)(a), s13, s13A.

Sale of goods - Sale - Where made - Delivery outside Victoria - Contract - Condition precedent to performance - Transfer of property in goods - Whether in Victoria or outside Victoria - Intention - Sham - Meaning of "sell" - Meaning of "contemplate" - Goods Act 1958 (No 6265) s6, s21, s23, s24, s25 Sale of Goods Act 1895 (SA) s1, s16, s18, s20 Business Franchise (Tobacco) Act 1974 (No 8597) s2(1), s(6AA), s(6AB).

Defamation - Privilege - Absolute - Qualified - Report of proceedings in court of justice - Report of contents of public document available for public inspection - Publication of content of Magistrates' Court complaint - Whether privileged - Wrongs Act 1958 (No 6420) s4 - Magistrates' Court Act 1989 (No 51) s18.

Bankruptcy and insolvency - Composition under PtX Bankruptcy Act - Guarantee and surety - Contingent liability - Whether provable in PtX composition Bankruptcy Act 1966 (Cth) s82, s198, s240, s243, s315 - Bankruptcy Rules r84.

Contract - Loan - Representation that loan would be renewed - Whether promissory - Whether certain.

Evidence - Expert - Chart - Principles regarding admissibility of charts - O44 statement - Leave to adduce evidence where no O44 statement given - Supreme Court Rules Ch I O44.

Damages - Contract - Building contract - Breach of sub-contract - Head contractor not required to rectify - Whether head contractor suffered loss - Measure of head contractor's loss.

Criminal law - Sentencing - Co-offenders - Principles of parity in sentencing.

Criminal law - Manslaughter - Concealment of body by accused - Lies by accused - Consciousness of guilt - Innocent hypotheses of death - Whether excluded by evidence - Failure of accused to give innocent explanation.

Practice and procedure - Security for costs - Plaintiffs resident abroad - Whether defendant unable to enforce judgment - Impecunious company - Solicitors funding plaintiffs' case - Whether proceeding brought for benefit of solicitors - Supreme Court Rules O62 - Corporations Law s1335.

Accident compensation - Transport accident - Leave to bring common law proceedings - "Serious injury" - "Permanent serious disfigurement" - Abdominal scarring - Subjective response to disfigurement - Transport Accident Act 1986 (No 111) s93.

Courts and judges - Magistrates' Court - Practice and procedure - Tape-recording of proceeding - Magistrates' Court Act 1989 (No 51) s136.

Criminal law - Practice and procedure - Appeal - Judicial review - Statutory right of appeal - No case submission - Particulars of charges - Supreme Court Rules O56.

Constitutional law - Public law discretion - Contract - Government contract - Promise to appoint to public office at future time - Whether an unlawful fetter on exercise of discretion - Amphitrite doctrine - Doctrine of executive necessity.

Contract - Breach - Damages - Loss of future remuneration - Superannuation benefits - Whether gain on superannuation to be set off against lost remuneration.

Costs - Costs penalty for inappropriate jurisdiction - Award of damages less than half County Court's jurisdictional limit - Whether costs penalty rule should be excluded Supreme Court Rules r63.24.

Partnership and partners - Solicitors - Retirement of partner - Notice of change in constitution of firm - Evidence - Change in firm's letterhead - Whether evidence of retirement of partner - Whether notice of change in constitution of firm Partnership Act 1958 (No 6330) s40.

Criminal law - Sentencing - Sentencing of child - Meaning of "young offender" - Meaning of "offender" - Detention in youth training centre Sentencing Act 1991 (No 49) s3, s32, s35 Children and Young Persons Act 1989 (No 56) s188, s189, s244.

Practice and procedure - Security for costs - Plaintiff an insolvent company - Relevant principles - Whether discretion should be exercised with "predisposition" towards defendant - Security stultifying litigation - Commercial impracticability of providing security - Burden of proof Corporations Law s1335.

Criminal law - Sentencing - - Intentionally causing serious injury - Principles applicable to prosecution appeals against sentence Crimes Act 1958 (No 6231) s16.

Damages - Assessment - - Personal injuries - Alleged pre-existing condition of plaintiff - Trial judge's direction to jury - Principles applicable - Appeal - Re-assessment of damages by appeal court Supreme Court Act 1986 (No 110) s14.

Practice and procedure - Pleading - Amendment - Application to amend statement of claim during trial - Amendment raising new claim - Prejudice to parties - Impact on disposition of court's business - Costs thrown away - Relevance of right of appeal. - Negligence - Medical negligence - Unborn child - Duty of care - Medical practitioner's duty to advise and warn mother at birth.

Appeal - Appeal on point not raised below - Discretion to allow argument on new point - Appeal from summary judgment - Extension of time to bring appeal granted - New point based on evidence received below.

Set-off - Equitable set-off - Guarantee - Exemption clause in guarantee - Principal debtor's damages claim against lender - Whether guarantors can set-off damages claim against guarantee liability - Lender replaced as trustee - Arguable defence.

Practice and procedure - Discovery - Confidentiality - Report prepared for litigant with materials obtained by discovery - Report treated by other party as confidential - Breach of confidentiality by other party - Release from obligation of confidentiality - Special circumstances.

Credit - Hire-purchase - Hirer's request for information - Agreement unenforceable if request not complied with - Hire-Purchase Act 1959 (No 6531) s7.

Practice and procedure - Judicial review - Magistrates' Court - Review by originating motion - Originating motion issued out of time - Application for extension of time - Supreme Court Rules O56.

Limitation of actions - Extension of time - Application for extension of time within which to bring action - First application dismissed - Second application based on new material - Issue estoppel - Abuse of process - Fresh evidence test - Limitation of Actions Act 1958 (No 6295) s23A.

Appeal - Costs - Criminal trial - New trial ordered after conviction quashed - Proceedings discontinued - Whether accused entitled to costs indemnity - Extent of indemnity - Whether indemnity for costs of first trial - Whether indemnity limited to costs of first trial thrown away - Appeal Costs Act 1964 (No 7117) s18(1).

Statutes - Interpretation - Legislative intention - Purposive approach - Use of extrinsic materials - Interpretation of Legislation Act 1984 (No 10096) s35.

Mortgages - Unlimited mortgage - Misrepresentation to mortgagor that mortgage limited - Equity - Relief - Judgments, orders and declarations - Order that mortgage only enforceable for limited amount - Whether "practically just" - Allowance for "stress and anxiety" in defending litigation.

Coroners - Jurisdiction - Inquest - - Request for inquest - Refusal of - Application to Supreme Court - Coroners Act 1985 (No 10257) s3, s15, s17, s18.

Criminal law - Sentencing - Transfer of interstate prisoner - Sentence imposed in Victoria - - Impact of Victorian sentence on interstate sentence - Loss of interstate remissions - Impact on Victorian sentence on interstate sentence - Loss of non-parole period - Prisoners (Interstate Transfer) Act 1983 (No 9881) s28.

Criminal law - Threat to kill - Attempted burglary - Charge to jury - Application of law to facts of case - Procedure - Juries - Panel exhausted without sufficient jurors - Obtaining additional jurors from those summoned to attend another court in same district - Juries Act 1967 (No 7651) s41.

Town and country planning - Non-conforming use of land - Practice and procedure - Res judicata - Issue estoppel - Acquittal on criminal charges of contravening planning scheme - Application by council for enforcement order - Whether barred by principles of res judicata or issue estoppel - Administrative law - Ruling by Administrative Appeals Tribunal - Whether a "decision" - Jurisdiction of Supreme Court to hear appeal from ruling - Planning and Environment Act 1987 (No 45) s114, s126 Administrative Law Act 1978 (No 9234) s2 Planning Appeals Act 1980 (No 9512) s25, s26, s66A.

Criminal law - Evidence - Admissibility - Record of interview - Whether voluntary - Admitted with passages deleted - Expert evidence - "Recovered memory" - Whether subject of expert evidence - Prior inconsistent statement - Admissibility subject to admission of other statement out of court - Proviso to s568(1) Crimes Act 1958 - Discretion to order acquittal - Evidence Act 1958 (No 6246) s35 Crimes Act 1958 (No 6231) s568.