Criminal law - Bail pending appeal - Requirement of very exceptional circumstances - Substantial portion of non-parole period likely to be served before appeal heard - Bail refused - Sentencing - Head sentence - Non-parole period.

Local government - Highways, streets and roads - Road - Whether land a road - Crown land - Whether land must have physical characteristics of road - Dedication of land as road - Surveying and marking on official maps - Public acceptance of land as road - Care and management of road by local council - Whether council obliged to keep road open - Meaning of "road" - Meaning of "public highway" - Local Government Act 1989 (No. 11) ss. 3(1) 204 205.

Costs - Solicitor and client - Discretion - Supreme Court Rules Ch. I r. 63.32.

Arbitration and awards - Award - Foreign award - Enforcement as judgment or order in Victoria - Award bad in part for uncertainty - Severance - Partial enforcement of award - Commercial Arbitration Act 1984 (No. 10167) s. 33.

Practice and procedure - Appeal - Leave - Order extending time within which to bring action - Whether leave to appeal required - "Judgment or order in an interlocutory application" - Whether the same as "interlocutory judgment or order" - Limitation of Actions Act 1958 (No. 6295) s. 23A - County Court Act 1958 (No. 6230) s. 74(2D) - Supreme Court Act 1986 (No. 110) s. 17A(4).

Companies - Winding up - Courts and judges - Jurisdiction - Debt claim by company in liquidation - Jurisdiction of inferior State courts - Corporations (Victoria) Act 1990 (No. 80) s. 42(1) - Corporations Law ss. 477 506.

Administrative law - Natural justice - Procedural fairness - Crimes compensation - Notification of application to alleged offender - Whether applicant entitled to be heard to oppose notification - Criminal Injuries Compensation Act 1983 (No. 9992) s. 7(7).

Criminal law - Sexual offences - Indecent assault - Incest - Evidence - Admissibility of evidence of uncharged acts - Longman warning.

Criminal law - Bail - Pending appeal - Very exceptional circumstances - Hardship because of family or domestic considerations - Custodial sentence likely to expire before hearing of appeal - Crimes Act 1958 (No. 6231) s. 579.

Criminal law - Evidence - Corroboration - Lies by accused - Whether relevant only to credit - Whether corroboration, part of circumstantial case or implied admissions - Direction to jury - Edwards warning - Sentence - Presentence detention for unrelated charge - Whether court may take into account in exercise of discretion - Sentencing Act 1991 (No. 49) s. 18(1).

Negligence - Employer - Contributory negligence - Apportionment of blame - Directions to jury.

Building societies - Share capital - Permanent shares - Withdrawable shares - Non-withdrawable investing shares - Whether non-withdrawable investing shares permanent shares or withdrawable shares - Winding up - Whether non-withdrawable shareholders rank with unsecured creditors - Whether shares validly issued - Restitution - Rules - Construction - Preliminary question - Building Societies Act 1986 (No. 8) ss. 3 37 48 49 122 Schs. 1 and 2 - Supreme Court Rules Ch. I r. 47.04.

Criminal law - Appeal - Inconsistency of verdicts - Rational explanation for different verdicts - Prostitution Regulation Act 1986 (No. 124) ss. 8 9.

Discrimination - Equal opportunity - Employment - Sexual harassment - Sexual advances - Whether declaration of love could be sexual advances - Persistence in conduct by employer - Principles applicable to statutory test of sexual harassment - Discrimination in employment - Constructive dismissal - Damages - Aggravated damages - Whether available for sexual harassment - Equal Opportunity Act 1984 (No. 10095) ss. 17 18(1) 20(1)(a)(ii) 21(2).

Costs - Meaning of "costs reasonably incurred" - Whether costs assessed on party/party basis or solicitor/client basis - Statutory requirement of special circumstances for award of costs on party/party basis - Whether satisfied by fact that hearing commenced before statutory requirement came in - Equal Opportunity Act 1984 (No. 10095) s. 47(2).

Wills and codicils - Construction - Gift - Contingent - Vested subject to being divested - Acceleration of subsequent interest - Surrender of prior interest - Whether accelerated interest liable to be divested.

Negligence - Duty of care - Economic loss - Negligent misstatement - Assumption of responsibility - Special relationship - Reliance - Whether reasonable.

Contempt of court - Magistrates - Summary jurisdiction - Barrister - Words or conduct in the face of the court - Allegation of bias against magistrate - Whether capable of constituting contempt - Courts and judges - Bias - Whether magistrate's decision summarily to hear contempt charge indicated bias - Whether failure to provide particulars of contempt indicated bias - Whether failure to grant adjournment indicated bias - Whether allegation of contempt based on submission of bias indicated bias - Whether barrister denied natural justice - Judgments, orders and declarations - Criminal law - Order to review - Prohibition - To restrain proceedings denying natural justice - Fragmentation of criminal process - Practicable alternative procedure for contempt charges - Magistrates' Court Act 1989 (No. 51) s. 133 - Supreme Court Rules Ch. I r. 75.07.

Discrimination - Equal opportunity - Equal Opportunity Board - Jurisdiction - Power to strike out complaint - Discrimination by reason of participation in proceeding brought under Equal Opportunity Act - Whether discrimination per se - Whether application of another provision of the Act must be established - Meaning of "circumstances relevant for the purposes of a provision" - Practice and procedure - Pleading - Striking out - Equal Opportunity Act 1984 (No. 10095) ss. 18(1) 29(1) 32(1) 34 35 44 45 46.

Accident compensation - Transport accident - Limitation of actions - Commencement of limitation period - First manifestation of injury for which compensation sought - First manifestation of any injury caused by accident which caused injury for which compensation sought - Transport Accident Act 1986 (No. 111) s. 68(1).

Criminal law - Procedure - Case stated - Questions of law reserved before jury empanelled - Failure of case stated to set out facts relating specifically to counts in indictment - Failure of case stated to establish question of law - Crimes Act 1958 (No. 6231) ss. 446 447 - Crimes Act 1914 (Cth) ss. 76B 76D.

Practice and procedure - Joinder of parties - Insurance - Joinder by plaintiff of defendant's insurer - No denial of liability to indemnify - Whether present legal controversy between plaintiff and insurer - Whether "just and convenient" to join insurer - Discretion - Judgments, orders and declarations - Declaration - Jurisidiction - Whether court's jurisdiction to grant declaratory relief limited - Discretion - Answer sought to hypothetical question - Standing - Supreme Court Rules Ch. I rr. 9.02 9.06 - Companies (Victoria) Code s. 379(3) - Bankruptcy Act 1966 (Cth) s. 117.

Sale of land - Contract - Vendor's statutory obligation to provide information - Road reservation - Disclosure of road reservation by providing planning certificate - Failure to provide details of road reservation - Whether sufficient disclosure by vendor - Sale of Land Act 1962 (No. 6975) s. 32.

Injunction - Interlocutory - Town and country planning - Local government - Council seeking to enforce planning scheme - Telecommunications carrier installing cables - Reliance on overriding Commonwealth legislation - Validity of legislation - Compliance by carrier with National Telecommunications Code - Undertaking as to damages - Whether public authority seeking to enforce law exempted from undertaking - Telecommunications Act 1991 (Cth) ss. 116 118 - Telecommunications (Exempt Activities) Regulations (Cth) - Local Government Act 1989 (No. 11) ss. 6 7 8 Sch. 1 - Planning and Environment Act 1987 (No. 45) s. 14 - Acts Interpretation Act 1901 (Cth) s. 46(2).

Appeal - Leave - Interlocutory injunction - Variation - Whether leave required to appeal from grant or refusal of variation of interlocutory injunction - Supreme Court Act 1986 (No. 110) s. 17A(4)(b)(ii).

Criminal law - Drug offences - Trafficking in cannabis - Accomplice - Evidence - Corroboration - Occupation of land - Drugs, Poisons and Controlled Substances Act 1981 (No. 9719) s. 5.

Criminal law - Evidence - Admissibility - Confessions and admissions - Statement to police - Date altered after signing by accused - Magistrates' Court - Appeal - Other evidence supporting finding of guilt - Finding inevitable - Whether Supreme Court bound to intervene if prosecution evidence improperly admitted - Magistrates' Court Act 1989 (No. 51) s. 92.

Testator's family maintenance - Application by adult son - Character of applicant - Judicial discretion - Discretion miscarried - Appeal - Whether test of "moral duty" or "moral obligation" - Administration and Probate Act 1958 (No. 6191) Pt IV.

Mortgages - Loan - Consideration - Construction of mortgage - Whether mortgagors who received no advances liable to repay loan - Real property - Torrens system - Registration - Indefeasibility of title - Fraud - Irregular attestation of mortgagors' signatures - Whether mortgage void - Transfer of Land Act 1958 (No. 6399) s. 40.

Contract - Misrepresentation - Undue influence - Unconscionability - Non est factum - Mistake - Implied term - Breach of contract - Bank releasing duplicate certificate of title without registered proprietors' authority - Damages - Causation - Remoteness.

Guarantee and surety - Principal debtor procuring surety's signature to guarantee - Creditor's liability for wrongful acts of principal debtor - Agency and agents - Notice - Whether creditor owes surety a duty of care.

Negligence - Solicitors - Solicitor's certificate - Certificate provided to mortgagee - Whether solicitor owed duty of care to mortgagee - Whether solicitor owed duty of care to mortgagor - Breach of duty to mortgagee - Damages - Causation.

Insurance - Professional indemnity - Exclusion clause - Meaning of "dishonesty" and "fraudulent act or omission" - Recklessness - Causation - Indemnity for costs of successful defence of claim.

Real property - Torrens system - Registration - Compensation for losses resulting from registration - Transfer of Land Act 1958 (No. 6399) s. 110.

Contract - Contract of employment - Implied term - Negligence - Employer's duty not to expose servant to unnecessary risk of injury - Whether contractual duty co-extensive with tortious duty - Crown Proceedings Act 1958 (No. 6232) s. 23(1)(b).

Appeal - Notice of appeal - Amendment - Adding point not decided below - Point not abandoned - Whether departure from common basis of trial - Prejudice to respondent.

Criminal law - Murder - Whether verdict unsafe and unsatisfactory - Allegations against prosecution expert witnesses - Direction to jury regarding honesty of expert witness - Sentence - Multiple murder - Life sentence - Whether non-parole period should be fixed.

Criminal law - Murder - Reckless murder - Evidence - Admissibility - Prison informer - Psychotherapist - Confessions made in confidence - Trial judge's discretion to exclude evidence - Sentence - Minimum term - Whether offender's age relevant to minimum term - Sentencing Act 1991 (No. 49) s. 11(1).

Criminal law - Evidence - Lies by accused - Corroboration - Whether lies or inconsistencies of accused capable of supporting complainant's evidence - Whether relevant only to credit - Failure by trial judge to give Edwards warning - Misdirection - Whether miscarriage of justice - Failure by defence counsel to object to direction - Crimes Act 1958 (No. 6231) s. 568(1).

Jury - Criminal cases - Form of oath - Substantial compliance with statutory provisions - Juries Act 1967 (No. 7651) s. 43 - Evidence Act 1958 (No. 6246) s. 100(2).

Criminal law - Forfeiture of proceeds of crime - Appeal - Right of appeal - Application for forfeiture order - Application for order transferring back forfeited property or awarding compensation - Onus of proof of conditions for order - Separate applications heard together - Separate applications requiring separate consideration - Hardship if property forfeited - Whether hardship must be special or extraordinary - Whether hardship constituted by mere deprivation of property - Relevance of beneficial ownership of property - Constructive trust - Costs - Whether court empowered to award costs on appeal - Proceeds of Crime Act 1987 (Cth) ss. 4(1) 14 18 19 21 100(1) 101.

Negligence - Duty of care - Economic loss - Proximity - Reliance - Assumption of responsibility - Builder - Owner-builder - Liability to subsequent purchaser - Defect in work performed by independent contractor - Whether builder obliged to inspect contractor's work - Evidence - Evidence of practice of builders - Non-delegable duties - Local Government Act 1958 (No. 6299) Pt XLIX Div. 1A - House Contracts Guarantee Act 1987 (No. 44) - Domestic Building Contracts and Tribunal Act 1995 (No. 91).

Criminal law - Assault - Recklessly causing injury - Defences - Self-defence - Denial by accused inconsistent with self-defence - Whether judge must direct jury on self-defence - Concession by defence counsel that self-defence not open - Whether self-defence open to trespasser - Crimes Act 1958 (No. 6231) s. 18.

Criminal law - Sentencing - Non-parole period - Appeal - Appeal against conviction and sentence on some but not all counts - Appeal successful - Whether Court of Appeal empowered to fix new non-parole period relating in part to convictions not subject to appeal - Crimes Act 1958 (No. 6231) ss. 568(4) 569(1) - Sentencing Act 1991 (No. 49) ss. 11 13.

Criminal law - Recklessly causing serious injury - Mens rea - Test of foresight of injury - Whether foresight that injury probably will result - Whether foresight that injury might result - Misdirection to jury - Whether a fundamental irregularity - Whether verdict unsafe or unsatisfactory - Crimes Act 1958 (No. 6231) ss. 17 568(1).

Wills and codicils - Construction - Ademption - Specific legacy - Guardianship and administration - Guardianship and Administration Board Act 1986 (No. 58) s. 53(1).

Criminal law - Sentencing - Court's power - Commonwealth offences - Single penalty in respect of two or more offences - Whether applicable to indictable offences - Procedure - Meaning of "information, complaint or summons" - Meaning of "indictment" - Crimes Act 1914 (Cth) ss. 4K(3) 4K(4).

Criminal law - Sexual offences - Incest - Evidence - Evidence of uncharged acts - Warning to jury.

Local Government - Rates - Valuation of rateable properties - City of Melbourne - Special statutory regime - Replaced by uniform provisions applying to all municipalities - Net annual value - Estimated annual value - Gross hypothetical rent - Deductions - Land tax - Depreciation - Landlord's profit on services - Capital improved value - Lease favourable to landlord - Whether relevant to capital improved value - Meaning of "to take effect" - Meaning of "tenants' usual rates and taxes" - Meaning of "unencumbered by any lease" - Act No. 178 ss. 42 43 - Local Government Act 1958 (No. 6299) ss. 254 255 258 262 - Local Government Act 1989 (No. 11) ss. 157(1) 160 - Valuation of Land Act 1960 (No. 6653) s. 2(1) Pt II Div. 3A - Valuation of Land (Amendment) Act 1989 (No. 55) s. 4(1) - Local Government (Rating) Act 1991 (No. 78) ss. 4 29.

Statutory interpretation - Expressio unius est exclusio alterius - Ejusdem generis - Use of heading to section - Amending Act - Whether may be used in interpreting amended legislation - Ambulatory effect or contemporaneous exposition - Interpretation of Legislation Act 1984 (No. 10096) ss. 13 35(b)(i) 36(4).

Carriers and carriage of goods - Ships and shipping - Limitation of actions - Hague Rules - Claim by shipper against owner in negligence - Application to amend to add claim in contract - Application more than one year after due date of delivery - Whether contractual claim time-barred - Meaning of "all liability" - Meaning of "loss or damage" - Meaning of "suit" - Sea-Carriage of Goods Act 1924 (Cth) s. 4 - Hague Rules art. III r. 6.

Criminal law - Evidence - Corroboration - Accomplice evidence - Prior consistent statement - Drugs - Trafficking - Whether giving away drugs can be trafficking.

Criminal law - Sentence - Burglary - Assault - Aged victim - Mitigatory factors - Early plea of guilty - Desperate financial circumstances of offender - Previous criminal history - Whether mitigatory factors should be discounted - Disparity between sentences of co-offenders - Whether sentences should be concurrent or cumulative - Whether sentences manifestly excessive - Appeal - Procedure - Grounds of appeal - Failure to raise specific sentencing error in grounds of appeal.

Jury - Criminal cases - Improper communication between jury keeper and jurors - Investigation by court officer - Disclosure of jury deliberations - Disclosure of matters extrinsic to jury deliberations - Common law restrictions - Statutory restrictions - Juries Act 1967 (No. 7651) s. 69A.

Criminal injuries compensation - Pecuniary loss - Incapacity for work - Twelve month limitation period - Whether period immediately following injury - Criminal Injuries Compensation Act 1983 (No. 9992) s. 16(1).