Criminal law - Drugs - Importation of heroin - Conspiracy - Failure by accused to give evidence - Whether comments by prosecution and judge referred to accused's failure to give evidence - Whether strengthened conclusion that verdicts not unsafe or unsatisfactory - Mental intent - Inference from accused deliberately shutting eyes to suspicious circumstances - Evidence - Failure by prosecution to call witness - Whether miscarriage of justice - Evidence implying two accused had prior convictions - Whether high degree of need to discharge jury - Evidence of acts and declaration of conspirator - Admissibility against other conspirators - Acts and declarations after principal object of conspiracy concluded - Records of police interviews - Whether voluntary - Whether in compliance with statutory requirements - Whether admission of records of interview unfair - Self-serving exculpatory statements in records of interview - Deleted from record of interview by consent - Whether accused can lead evidence of statements - Crimes Act 1914 (Cth) ss. 23B 23C 23F 23 G 23L - Crimes Act 1958 (No. 6231) ss. 399(3), 568(1).

Juries - Criminal cases - List of potential jurors with non-disqualifying convictions - List provided by police to prosecution - Whether jury representative and randomly selected - Exchange between juror and witness - Whether fair-minded observer could reasonably apprehend bias of juror - Commonwealth Constitution Ch. III s. 80 - Juries Act 1967 (No. 7651).

Sentencing - Relevance of co-operation with police - Whether sentence manifestly excessive.

Landlord and tenant - Retail tenancies - Option to renew - Key-money - Agreement by landlord to grant option to renew in consideration of payment by tenant - Whether agreement by tenant to make payment - Whether tenant's payment was key-money - Meaning of "key-money", "premium" and "fine" - Retail Tenancies Act 1986 (No. 106) ss. 3(1) 9(1) 9(4).

Service and execution of process - Companies - Service - Substituted - Defendant a deregistered company reinstated for purpose of being sued - Substituted service on defendant's insurer - Supreme Court Rules r. 6.10(1).

Insurance - Fire - Defence of arson - Evidence - Circumstantial - Inferences - Proper approach in evaluating circumstantial evidence - Standard of proof in civil case - Distinguished from criminal case - Insured's failure to give evidence - Inference that insured lit fire.

Criminal law - Sentencing - Aggravated burglary - Assault committed in course of burglary - Offender not charged with assault - Sentence containing component for assault - Whether permissible.

Costs - Offer of compromise - Appeal - Claim for damages - Offer of compromise after judgment pending appeal - Whether within O. 26 Supreme Court Rules - Whether relevant to costs discretion if not within O. 26 - Calderbank offer - Supreme Court Rules O. 26.

Negligence - Duty of care - Foreseeability - Proximity - Causation - Employer's duty to provide proper system of work - Employee injured by intruder in carpark - Carpark left unlocked.

Appeal - Costs - Indemnity certificate - Appeal allowed on ground that jury's award of damages was excessive - Whether question of fact - Whether respondent entitled to costs indemnity - Appeal Costs Act 1964 (No. 7117) s. 13.

Negligence - Damages - Exemplary damages - Medical practitioners - Artificial insemination by donor program - Insemination with incorrect semen - Semen from donor of incompatible blood type - Advice to have abortion - Threats - Plaintiff a Roman Catholic opposed to abortion - Directions to jury on exemplary damages - Failure to withdraw from jury's consideration conduct which could not give rise to exemplary damages - Whether jury should be directed to show restraint - Whether award for compensatory damages should be taken into account in assessing exemplary damages - Whether appeal court should reassess damages - Supreme Court Act 1986 (No. 110) s. 14(1).

Negligence - Duty of care - Economic loss - Proximity - General reliance - Local authority - Statutory powers in respect of dangerous premises - Fire - Failure by local authority to exercise powers to prevent fire - Whether local authority liable for damage - Whether liable to owner of premises - Whether liable to occupant - Whether liable to owner of neighbouring property - Local Government Act 1958 (No. 6299) s. 695(1A) - Building Control Act 1981 (No. 9720) ss. 133 134 135 - Victoria Building Regulations 1983 reg. 57.

Criminal law - Sentencing - Incest - "Serious sexual offender" - Whether offender wrongly sentenced as serious sexual offender - Sentencing Act 1991 (No. 49) s. 3.

Criminal law - Sentencing - Rape - Threatening to kill - Indecent assault - Intentionally causing serious injury - Multiple offences - Whether sentences should be concurrent or cumulative - Appeal - Prosecution appeal against inadequacy of sentence - Re-exercise of sentencing discretion by appeal court - Principles applicable - Double jeopardy - Sentencing Act 1991 (No. 49) ss. 10 16(3 A) - Crimes Act 1958 (No. 6231) s. 567A.

Criminal law - Appeal - Application for leave to appeal dismissed - Ground of appeal not argued - Application to re-open - Whether court has jurisdiction to re-open appeal - Judgment perfected - Functus officio - Supreme Court Rules O. 65.

Criminal law - Evidence - Unsworn evidence - Abolition of right to give unsworn evidence - Procedure - Presentment - Arraignment - Evidence (Unsworn Evidence) Act 1993 (No. 12).

Criminal law - Sentencing - Drug trafficking - Relevance of offender's addiction - Parity - Entrapment - Role of appellate court on appeal against sentence - Non-parole period - Discrete consideration of factors relevant to non-parole period.

Criminal law - Sentencing - Rape - Serious sexual offender - Principles applicable to sentencing sexual offenders - Sentencing Act 1991 (No. 49) ss. 5A 10.

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) ss. 93B 135A.

Companies - External administration - Administrator appointed to company disputing debts by litigation - Application to end administration - Injunction to restrain administrator from acting - Corporations Law Pt 5.3A.

Criminal law - Rape - Doctrine of innocent agency - Whether applicable to rape - Aiding and abetting - Joint presentments - Accused's right to know alleged basis of guilt - Mental intent - Mistaken belief as to consent - Whether belief must be reasonable - Sentence - Crimes Act 1958 (No. 6231) ss. 2A 45 46 - Crimes (Sexual Offences) Act 1980 (No. 9509).

Limitation of actions - Personal injuries - Intentional trespass to the person - Whether action for damages for negligence, nuisance or breach of duty - Limitation of Actions Act 1958 (No. 6295) ss. 5(1 A) 23A - Limitation of Actions (Personal Injury Claims) Act 1983 (No. 9884).

Arbitration and awards - Arbitrator - Removal of - Misconduct - Unsuitability - Bias - Participation in earlier arbitrations - Similar issues - Common witnesses - Test of disqualification - Failure to disclose possible disqualifying events - Whether ground for removal - Commercial Arbitration Act 1984 (No. 10167) ss. 16 44 Sch. 2 - UNCITRAL Model Law on International Commercial Arbitration art. 12.

Accident compensation - Worker - Whether claimant a "worker" - Decision of appeals board - Application to County Court - Onus of proof - Appeal - Appeal to Court of Appeal - Question of law - Accident Compensation Act 1985 (No. 10191) ss. 52 118 119 121.

Employer and employee - Independent contractor - Servant - Factors relevant in distinguishing between servant and independent contractor.

Criminal law - Sentencing - Income tax - Evading income tax by not declaring income - Whether sentence manifestly excessive - Crimes Act 1914 (Cth) s. 29D.

Criminal law - Sexual offences - Allegation of pattern of sexual abuse - Presentment - Particulars of counts - Particulars identifying "first occasion" of series of alleged offences - Whether latently ambiguous or duplex - Prosecution intention to adduce evidence of acts not particularly alleged - Whether relevant to question of sufficiency of presentment.

Judgments, orders and declarations - Declaration - Criminal law - Permanent stay of charges - Whether prerogative or declaratory relief available against stay.

Real property - Torrens system - Statutory indemnity for loss of interest in land - Claimant duped by fraud into signing contracts of sale and transfers - Whether entitled to indemnity - Whether loss caused by claimant's neglect - Whether loss caused by fraud of claimant's agent - Meaning of "caused or substantially contributed to" - Meaning of "substantial" - Transfer of Land Act 1958 (No. 6399) s. 110(1) (3)(a).

Courts and judges - Jurisdiction - Foreign land - Mozambique principle - Trespass - Nuisance - Negligence - Contract - Foreign statutes - Act of State doctrine - Whether claims justiciable.

Negligence - Duty of care - Proximity - Discharge of waste into river - Whether duty owed to persons who use water downstream.

Criminal law - Fraudulent misappropriation of property - Defence of bona fide claim of right - Whether accused's belief must be reasonable - Meaning of "fraudulently" and "dishonestly" - Exception not taken at trial - Crimes Act 1914 (Cth) s. 71(1).

Criminal law - Evidence - Rule in Browne v Dunn - Failure to put alternative hypothesis to complainant - Failure by prosecution to recall complainant - Whether continuing unfairness - Weight - Judge's comment to jury - Juries - Inconsistent verdicts.

Criminal law - Conspiracy to defraud - Mens rea - Dishonesty - Whether test purely subjective - Whether test both subjective and objective - Standards of reasonable and honest people - Direction to jury - Whether trial judge must summarise evidence - Whether verdict unsafe - Sentence - Crimes Act 1914 (Cth) s. 86A.

Local government - Highways, streets and roads - Road - Discontinuance of road - Council resolution to discontinue road and retain land in council ownership - Prior notification by council of intention to discontinue road and sell land - Whether resolution valid - Whether land a "public highway" - Whether land a "road" - Local Government Act 1989 (No. 11) ss. 3(1) 203 206 207A 223 Sch. 10 cl. 3.

Negligence - Employer - Damages - Pre-existing condition - Contributory negligence - Whether plaintiff knew he was not required to do what he did - Whether defendant must prove plaintiff's knowledge.

Criminal law - Armed robbery - "Offensive weapon" - Plastic bottle - Threats - Whether offensive use of article must be premeditated - Crimes Act 1958 (No. 6231) ss. 75A 77(1)(b).

Criminal law - Joint trial - One accused giving evidence while co-accused stood mute - Whether trial judge should direct jury on accused's election to give evidence - Accused's failure to protest innocence - Direction on adverse inference from silence - Evidence - Identification - Crimes Act 1958 (No. 6231) s. 399(3).

Sale of land - Contract - Construction - Condition precedent - Condition subsequent - Promissory condition - Condition dependent on fulfilment or non-fulfilment of a contingency - Time for performance of condition - Whether court may imply reasonable time for fulfilment of contingency - Conditional contract with date fixed for completion of sale - Meaning of "proceeds".

Will and codicils - Construction - Option to purchase - In favour of beneficiary - Purchase price determined by valuation by accountant - Purchase price payable to other beneficiary - Whether valuation in accordance with will - Contract - Contracts for third party valuations - Whether contract principles applicable to construction of will - Nature of interest conferred by testamentary option - Valuation method.

Criminal law - Conduct of legal practitioners - Incompetence of counsel - Counsel's decision to tender record of interview - Error of judgment - Whether a miscarriage of justice - Sexual offence - Delay in making complaint - Jury - Direction regarding delay - Whether jury should consider delay in evaluating complainant's testimony - Principles regarding directions to jury - Crimes Act 1958 (No. 6231) s. 61.

Criminal injuries compensation - Compensation - Pain and suffering - Statutory limit - Whether jurisdictional limit or top of graduated scale - Whether payable in respect of injury or each criminal act - Criminal Injuries Compensation Act 1983 (No. 9992) s. 18.

Costs - Appeal - Indemnity certificate - Question of law reserved for opinion of superior court - Whether an appeal against the decision of a court - Whether appeal costs indemnity available - County Court Act 1958 (No. 6230) s. 76 - Appeal Costs Act 1964 (No. 7117) ss. 2 13(1).

Sale of land - Contract - Title - Boundaries - Identification of property sold - Identity clause - Difference between description of land in certificate of title and occupation of land - Encroachment by boundary fence - Sale of Land Act 1962 (No. 6972) s. 32.

Criminal law - Incest - Appeal - Inconsistent verdicts - Credibility of complainant - Sentencing - Appeal - Whether sentence manifestly excessive - Appeal by prosecution against sentence - Principles applicable.

Criminal law - Sentencing - Culpable driving - Negligent driving - Whether sentence manifestly excessive - Cumulation - Different offences arising from single act - Whether sentences should be concurrent.

Accident compensation - Transport accident - Leave to bring common law proceedings - "Serious injury" - "Permanent serious disfigurement" - Scarring - Transport Accident Act 1986 (No. 111) s. 93.

Limitation of actions - Extension of time within which to bring action - Application for leave to bring common law action - Claim within time when application instituted - Claim statute-barred when application finally determined - Limitation of Actions Act 1958 (No. 6295) s. 23A.

Companies - Liquidator - Assignment of company's cause of action - Application to court for approval of assignment - Cross-application to stay proceedings as an abuse of process - Maintenance and champerty - Assignment of bare cause of action - Whether assignment illegal - Whether assignment required shareholder and creditor approval - Relevance of assignee's status and conduct - Nature of rights assigned - Trafficking in litigation - Liquidator's duty to control company's property - Discretion to refuse approval - Corporations Law ss. 9 477 493(2) 507 511 588FB 588FC 588FF.