Criminal law - Offences against laws of the Commonwealth - Procedure - Legal aid - Application for certificate that defence counsel should be appointed - Whether applicant without adequate means to provide defence - Whether desirable in the interests of justice that defence counsel be appointed - Judiciary Act 1903 (Cth) s. 69(3).

Criminal law - Burglary - Intent - Assault - Whether common assault still a common law offence in Victoria - Evidence - Whether jury may use evidence regarding counts on which it acquits to convict on other counts - Jury - Separation - Undertaking on oath by jurors not to discuss case - Whether undertaking must be given on each separation - Sentencing - Crimes Act 1958 (No. 6231) ss. 37 76 - Crimes (Amendment) Act 1985 (No. 10233) - Juries Act 1967 (No. 7651) s. 51A.

Negligence - Employer - Contributory negligence - Safe system of work - Employer's obligation to maintain and implement - Damages - Pain and suffering - Total sexual dysfunction - Quantum - Whether jury's award excessive - Appeal - Whether appeal court should reassess damages - Both parties requesting reassessment of damages - Supreme Court Act 1986 (No. 110) s. 14(1).

Companies - Liquidation - Contractual debts owed by company in liquidation - Proceedings by creditors against third parties - Settlement of proceedings - Treatment of settlement payment in company's liquidation - Whether collateral payment - Whether liquidator should ignore settlement payment - Whether liquidator should treat settlement payment as first reducing post-liquidation interest or principal of contractual debts - Corporations Law 1989 (Cth) ss. 513B 553 554.

Contract - Payment of debt - Release - Common debts - Double satisfaction - Appropriation of payments - Principal and interest - Presumption that interest paid before principal - Presumption that most recently accrued interest paid first - Bankruptcy Act 1966 (Cth) s. 107.

Criminal injuries compensation - Compensation - Pecuniary loss - Pain and suffering - Statutory limit - Whether jurisdictional limit or top of graduated scale - Appeal - Question of law - Question of fact - Costs - Parties - Attorney-General intervening - Whether liable for costs - Criminal Injuries Compensation Act (No. 9992) ss. 16 18.

Discrimination - Equal opportunity - Equal Opportunity Board - Complaint - Summary dismissal - Whether complaint frivolous, vexatious, misconceived or lacking in substance - Onus of proof - Principles applicable to summary dismissal - Jurisdiction of Equal Opportunity Board - Equal Opportunity Act 1984 (No. 10095) ss. 44(1) 44C 46(1).

Criminal law - Sentencing - Sexual offences - Whether offender a serious sexual offender - Indecent assault - Offences against repealed provisions of the Crimes Act - Whether offender could have been charged with offences against current provisions - Meaning of "serious sexual offender" - Meaning of "serious sexual offence" - Victim impact statements - Inadmissible material - Proper use of victim impact statements - Sentencing Act 1991 (No. 49) ss. 3 95B(2) 95D(1) - Sentencing (Amendment) Act 1993 (No. 41) s. 4(e) - Crimes Act 1958 (No. 6231) ss. 39 47.

Statutes - Interpretation - Penal statute - Retrospective operation - Ambiguity.

Partnership and partners - Retirement of partner - Continuing partners carrying on business - Whether retired partner entitled to share of profits since retirement - Retired partner's share of partnership assets - Partnership Act 1958 (No. 6350) s. 46.

Practice and procedure - Special referee - Report - Inconsistency - Irrelevant consideration - Whether court may refuse to adopt report - Discretion - Interests of justice - Supreme Court Rules Ch. I r. 50.04.

Criminal law - Sentencing - Intentionally causing serious injury - Principles applicable to prosecution appeals against sentence - Crimes Act 1958 (No. 6231) ss. 16 567A.

Administrative law - Procedural fairness - Failure to allow calling of evidence - Appeal - Judicial review - Estate Agents Act 1980 (No. 9428) s. 91Y - Supreme Court Rules Ch. I O. 56.

Guarantee and surety - Contract - Consideration - New guarantee securing higher amount given to replace earlier guarantee - Creditor permitting debt to continue - Consideration for new guarantee expressed to be forbearance to sue - No demand for payment - Consideration for new guarantee expressed to be provision of banking accommodation - No new financial accommodation provided - Whether guarantee unenforceable for want of consideration - Meaning of "providing financial accommodation".

Real property - Torrens system - Mortgage - Registration - Indefeasibility of title - Immediate indefeasibility - Deferred indefeasibility - Fraud - Failure to make enquiries - Whether fraud - Personal equity - In personam remedy against registered mortgagee - Transfer of Land Act 1958 (No. 6399) ss. 42 44.

Accident compensation - Transport accident - Damages - Medical and hospital expenses - Payable by plaintiff's employer subject to reimbursement out of damages - Whether damages should include compensation for medical and hospital expenses - Transport Accident Act 1986 (No. 111) ss. 37(g) 60(1)(a) 93(10)(b).

Accident compensation - Workers compensation - Negligence - Duty of care - Proximity - Cyclist injured in accident caused by negligence of motorist - Cyclist's employer liable to pay workers compensation - Whether motorist owed employer a duty of care - Employer's statutory right of indemnity - Contributory negligence - Apportionment - Workers Compensation Act 1958 (No. 6419) ss. 63(2) 67.

Criminal law - Procedure - Legal aid - Application for order that aid be provided - Whether triable issue - Discretion - Relevance of legal aid guidelines - Financial means of applicant's spouse - Applicant's failure fully to disclose financial position - Whether aid granted for preparation - Form of order - Crimes Act 1958 (No. 6231) s. 360A - Legal Aid Act 1978 (No. 9245) ss. 9 24.

Negligence - Employer - Contributory negligence - Judge's charge to jury - Failure to summarise evidence - Failure to relate evidence to law - Direction on contributory negligence.

Trial - Factory accident case - Duration unacceptably long - Obligation of practitioners to limit length of trials - Costs consequences of unacceptably long trials.

Practice and procedure - Want of prosecution - Dismissal of action - Delay - Prejudice - Discretion.

Industrial law - Employer and employee - Unfair dismissal - Procedural unfairness - Redundancy - Statutory remedies - Re-instatement - Compensation - Compensation payable only where re-instatement ordered - Whether re-instatement may be ordered to ensure compensation - Relevant considerations for re-instatement order - Whether re-instatement practicable - Industrial Relations Act 1979 (No. 9365) - Employee Relations Act 1992 (No. 83) ss. 38(1) 42.

Administrative law - Judicial review - Mandamus - Judgments, orders and declarations - Whether court may re-exercise inferior tribunal's discretion - Whether court may direct inferior tribunal on exercise of discretion - Administrative Law Act 1978 (No. 9234) s. 7.

Accident compensation - Transport accident - Whether Transport Accident Commission liable to pay compensation - Accident outside Victoria - Vehicle registered interstate - Vehicle usually kept in Victoria - Whether vehicle "exempt from registration" in Victoria - Statutes - Interpretation - Constitutional law - Extraterritorial effect of legislation - Meaning of "exempt" - Transport Accident Act 1986 (No. 111) ss. 3 35(1) - Road Safety Act 1986 (No. 127) ss. 7 95 Sch. 2.

Criminal law - Sexual offences - Evidence - Cross-examination of complainant on her criminal record - Discretion to permit cross-examination of accused on prior convictions - Indication by trial judge on exercise of discretion - Whether accused unfairly deprived of opportunity to give sworn evidence - Whether leave required to cross-examine complainant regarding offence of loitering for purposes of prostitution - Inconsistencies in complainant's evidence - Whether direction required - Warning regarding reliability of complainant's evidence - Crimes Act 1958 (No. 6231) s. 399 - Evidence Act 1958 (No. 6246) s. 37A.

Criminal law - Appeal - Sentence - Evidence - Fresh evidence - Medical condition not diagnosed at time of sentencing - Whether interference with non-parole period justified.

Criminal law - Procedure - Committal - Witnesses - Hand-up brief - Statement of witness included in hand-up brief - Notice of additional evidence of witness after committal - Whether accused may examine witness - Whether accused may cross-examine witness - Fragmentation of criminal process - "Basha" inquiry - Magistrates' Court Act 1989 (No. 51) Sch. 5 cl. 13.

Administrative law - Judicial review - Certiorari - County Court - Appeal to County Court from Magistrates' Court in criminal proceeding - Whether County Court order may be quashed - Error on face of record - Procedural unfairness - Forests - Licence to remove forest produce - Failure to specify in licence area to be logged - Whether licence valid - Criminal law - Whether validity of licence could be challenged in criminal proceeding - Appeal - Sentence - Sentence increased on appeal - Failure by judge to indicate intention to increase sentence - Whether procedural unfairness - Forests Act 1958 (No. 6254) ss. 3(1) 5 22 52 52A 52B 52C - Conservation, Forests and Lands Act 1987 (No. 41) s. 95A - Magistrates' Court Act 1989 (No. 51) s. 83 - Administrative Law Act 1978 (No. 9234) ss. 10 11 12.

Criminal law - Sentencing - Proof of facts on sentencing - Onus of proof - Standard of proof - Circumstances of aggravation - Circumstances of mitigation - Circumstances of offence - Circumstances of offender - Facts favourable to the offender - Facts unfavourable to the offender - Extraneous circumstances of mitigation.

Prison and prisoners - Prisoners - Restraints - Application of instruments of restraint - To prevent injury to prison staff, prisoners and property - To prevent escape - Whether restraints lawful - Corrections Act 1986 (No. 117) ss. 20 21 112(1) - Corrections Regulations 1988 regs 36 39.

Criminal law - Orders for forfeiture - Restraining order - Exemption for legal expenses - Variation to restraining order - Principles applicable - Onus of proof - Proceeds of Crime Act (1987) (Cth) ss. 43 48.

Criminal law - Sexual offences - Indecent assault - Evidence - Longman warning - Complaint - Whether made at first reasonable opportunity - Evidence of uncharged acts - Whether admissible - "Guilty passion" - Whether necessary part of narrative - Prejudice to accused - Accused acquitted of certain counts following prosecution decision not to call evidence - Evidence of acts on which acquittal counts based - Whether admissible - Abuse of process - Issue estoppel - Principle on which evidence of acquittal counts inadmissible - Crimes Act 1958 (No. 6231) ss. 61 391.

Estoppel - Issue estoppel - Insurance - Subrogation - Motor vehicle collision - Action by insurer in name of insured in respect of property damage - Finding that defendant not negligent - Later action by insured in respect of personal injuries - Whether insured estopped from bringing later action - Identity of issues - Identity of parties.

Criminal law - Rape - Consent - Failure by complainant to say or do anything - Whether sufficient evidence of consent - Intent - Reasonableness of accused's belief of consent - Burden of proof - Failure to put to complainant accused's denial - Rule in Browne v Dunn - Whether jury may compare evidence of complainant and accused - Lies by accused - Failure by trial judge to identify lies in charge - Edwards warning - Whether sufficient in all cases - Crimes Act 1958 (No. 6231) ss. 36 37.

Criminal law - Sexual offences - Evidence - Cross-examination of complainant - Whether evidence a proper matter for cross-examination as to credit - Whether cross-examination improperly limited - Whether verdict unsafe and unsatisfactory - Evidence Act 1958 (No. 6246) s. 37A.

Criminal law - Sentencing - Sexual assault on stepdaughter - Findings by sentencing judge adverse to prisoner and contrary to evidence - Miscarriage of sentencing discretion - Whether different sentence should have been passed - Whether miscarriage of justice resulted - Whether Court of Appeal can rehear plea - Crimes Act 1958 (No. 6231) s. 568(4).

Criminal law - Evidence - Record of interview - Admissibility - Whether interview conducted within a "reasonable time" of arrest - Identification - Dock identification - Whether sufficient prejudice to accused to require discharge of jury - Sentence - Cumulation - Two presentments - Procedure - Sentence incorrectly recorded on back of presentment and quadruplicate - Inherent power of sentencing court to correct - Whether Court of Appeal had power to correct - Crimes Act 1958 (No. 6231) ss. 447(1) 464A 568(4).

Stamp duty - Rental business - Distribution of motion pictures to exhibitors - Whether distributor carried on rental business - Whether income derived from distribution of motion pictures dutiable - Apportionment of income received for the use of goods and income received for the use of incorporeal property - Whether films are "books" - Stamps Act 1958 (No. 6375) ss. 3 131AA(1) 131AC(1) 131AD(2) - Interpretation of Legislation Act 1984 (No. 10096) s. 38.

Criminal law - Sentencing - Armed robbery - Application to re-open plea - Refusal of application - Whether discretion miscarried - Whether denial of natural justice - Evidence on appeal - Crimes Act 1958 (No. 6231) ss. 568(4) 574.

Contempt of court - Practice and procedure - Solicitor - Application to punish solicitors for contempt - Whether by originating motion or summons in the proceeding - Whether solicitor on the record is a "party" to the proceeding - Supreme Court Rules Ch. I r. 75.06 - Supreme Court Act 1986 (No. 110) s. 3 - Interpretation of Legislation Act 1984 (No. 10096) s. 23.

Criminal law - Sentencing - Sexual offences - Sexual penetration of a child - Indecent acts on a child - Whether sentence manifestly excessive - Use to be made of sentences imposed in other cases.

Criminal law - Sentencing - Sexual offences - "Serious sexual offender" - Multiple offences - Concurrency - Cumulation - Whether individual sentences reflect criminality of the offence or the offender - Appeal - Total sentence appropriate but individual sentences inappropriate - Whether appeal court should re-sentence offender - Rape - Penetration - Whether oral and digital penetration less serious than penile penetration - Crimes Act 1958 (No. 6231) ss. 39 44 47 568(4) - Sentencing Act 1991 (No. 49) ss. 3 5A 10 16.

Criminal law - Murder - Evidence - Record of police interview - Admissibility - Interception of telephone calls - Warrant issued by eligible federal judge - Whether decision to issue warrant reviewable - Whether accused entitled to inspect documents relied on in application for warrant - Admissibility of evidence obtained by telephone interceptions - Sentence - Whether manifestly excessive having regard to offender's age - Crimes Act 1958 (No. 6231) Pt 3 Div. 1 subdiv. (30A) - Telecommunications (Interception) Act 1979 (Cth) ss. 5 7 45 63 74 75 - Administrative Decisions (Judicial Review) Act 1977 (Cth) ss. 3 9 Sch. 1 - Commonwealth Constitution s. 75(v) - Judiciary Act 1903 (Cth) s. 39B.

Accident compensation - Worker - Damages - Assessment - Multiple claims - Global sum apportioned among separate claims - Whether permissible method of assessment - Contributory negligence - Plaintiff's inadvertence, inattention or misjudgment - Plaintiff's status as leading hand - Accident Compensation Act 1985 (No. 10191) s. 135.

Criminal law - Sales tax - Defrauding the Commonwealth - Sentence - Suspended sentence - Appeal - Crown appeal - Principles applicable to Crown appeals - Principles applicable to sentences for fraud on the revenue - Crimes Act 1914 (Cth) ss. 20(1)(b) 29D - Crimes Act 1958 (No. 6231) s. 567A.

Accident compensation - Transport accident - Brain damage - Level of permanent impairment - Guides to the Evaluation of Permanent Impairment - Disturbance of complex integrated cerebral function - Fourfold classification - Ability to carry out "daily activities" - Whether applicant could carry out daily activities without supervision and/or direction - Transport Accident Act 1986 (No. 111) ss. 46A 53.

Criminal law - Sexual offences - Rape - Sexual penetration of a child - Procedure - Prosecution duty of disclosure - Victim impact statement - Conflict between victim impact statement and evidence - Whether victim impact statement should have been disclosed to defence before trial.

Criminal law - Sentence - Commonwealth offences - Drugs - Importing heroin - Remissions - Requirement to discount sentence for abolition of remission - Aggravating sentence by reference to facts not raised with defence - Whether denial of procedural fairness - Crimes Act 1914 (Cth) ss. 16G 19AB(1) 233B.

Criminal law - Sentence - Murder - Plea of guilty - Weight to be given to plea of guilty - Whether sentence manifestly excessive - Sentencing Act 1991 (No. 49) s. 5(2)(e).

Testator's family maintenance - Children - Stepchildren - Whether stepchildren may apply for provision - Meaning of "children" - Administration and Probate Act 1958 (No. 6191) s. 91.

Criminal law - Sentencing - Multiple offences - Concurrency - Cumulation - Totality - Proportionality - Whether individual sentences reflect criminality of the offence or the offender - Proper approach to achieving appropriate effective sentence - Obtaining property by deception - Blackmail - Extortion with a threat to kill - Crimes Act 1958 (No. 6231) ss. 27 81 87.

Criminal law - Sentencing - Head sentence - Minimum term - Whether personal factors to be taken into account in determining head sentence as well as minimum term - Rape - Recklessly causing serious injury - Crimes Act 1958 (No. 6231) ss. 18 38.

Accident compensation - Transport accident - "Serious injury" - "Severe long-term behavioural disturbance" - Whether symptoms consciously or unconsciously motivated - Transport Accident Act 1986 (No. 111) s. 93.

Resumption and acquisition of land - Compensation - Offer of compensation by acquiring authority - Three month period in which to respond to offer - Notice by acquiring authority as to effect of expiration of time for claimant's response to offer of compensation - Whether notice can extend period for response - Whether notice may be given before expiration of period for response - Whether notice period can run concurrently with period for response - Land Acquisition and Compensation Act 1986 (No. 121) ss. 31 33 107.

Criminal law - Sentencing - Suspended sentence - Application to restore suspended part of sentence - Principles applicable - Sentencing Act 1991 (No. 49) ss. 27 31.