Criminal law - Sentencing - Manslaughter by criminal negligence - Recklessly causing serious injury - Whether sentence manifestly excessive.

Criminal law - Sentencing - Suspended sentence - Intensive correction order - Whether available when imprisonment not appropriate - Sentencing Act 1991 (No. 49) ss. 19(3) 27(3).

Criminal law - Murder - Provocation - Whether words alone can amount to provocation - Sentence.

Criminal law - Drugs - Attempted trafficking in a drug of dependence - Sentencing - Co-offenders previously sentenced - Parity - Whether parity applicable when co-offender sentenced on false basis - Appeal - Crown appeal - Crimes Act 1958 (No. 6231) s. 567A - Drugs, Poisons and Controlled Substances Act 1981 (No. 9719) s. 71.

Criminal law - Theft - Incompetence of counsel - Tactical decision by defence counsel to plead guilty to one count in presence of jury - Whether miscarriage of justice.

Contempt of court - Threat to witness - Actus reus - Whether threat of lawful act can constitute contempt - Improper purpose of threat - Mens rea.

Contract - Assignment - Implied contract - Estoppel - Conventional estoppel - Existence of contract - Validity of assignment - Appeal - Point not argued below - Property Law Act 1958 (No. 6344) s. 134.

Criminal law - Sentencing - Evidence of events occurring after sentence - Whether admissible on appeal - Crimes Act 1958 (No. 6231) ss. 568(4) 574.

Costs - Solicitor - Solicitor acting for himself - Whether entitled to professional costs - Magistrates' Court Act 1989 (No. 51) s. 105.

Mortgages - Lease - Mortgagee bound by lease - Variation of lease between mortgagor and tenant - Mortgagor in default under mortgage at time of variation - Mortgagee not bound by variation - Mortgagor left in possession - Rent and outgoings - Tenant paying reduced rent to mortgagor pursuant to variation - Whether mortgagee entitled to arrears of rent and outgoings pursuant to covenants of lease - Whether tenant obtained a discharge of rent and outgoings - Payment - Method of payment - Whether payment must be by money - Transfer of Land Act 1958 (No. 6399) ss. 42(2)(e) 81 - Property Law Act 1958 (No. 6344) ss. 98 99 138 151.

Income tax - Federal - Assessment - Evidence - Notice of assessment - Whether "conclusive evidence" of assessment - Admissibility of evidence challenging assessment - Income Tax Assessment Act 1936 (Cth) s. 177 - Income Tax Regulations (Cth) reg. 67.

Judgments, orders and declarations - Courts and judges - Magistrates - Default judgment - Application to set aside - Repeated applications - Whether court must consider material available at time of earlier application - Order requiring leave for further applications - Whether Magistrates' Court has power - Magistrates' Court Act 1989 (No. 51) ss. 100 136.

Criminal law - Drug trafficking - Sentencing - Manifest excessiveness - Parity - Errors of fact by sentencing judge - Failure to give sufficient weight to mitigating factors - Practice Statement C.A. 1 of 1996 [1997] 2 V.R. 61 - Drugs, Poisons and Controlled Substances Act 1981 (No. 9719) s. 71(1).

Criminal law - Rape - Evidence - Guilty plea at committal - Whether admissible at trial - Directions as to use of guilty plea by jury.

Criminal law - Confiscation of profits - Drug offences - Forfeiture order - Order against company of which offender a shareholder and director - Offender having no interest in property subject to the order - Appeal - Whether offender has standing to appeal against forfeiture order - Sentencing - Crown appeal - Crimes (Confiscation of Profits) Act 1986 (No. 6246) ss. 5(1)(a) 7 51(1) - Crimes Act 1958 (No. 6231) ss. 567(d) 570.

Criminal law - Theft - Obtaining property by deception - False representation - Representation by conduct - Procedure - Presentment - Whether presentment must state value of property - Sentence - Crimes Act 1958 (No. 6231) s. 84 Sixth Schedule r. 6(1).

Motor vehicles - Breath test and blood alcohol - Blood alcohol content - Measurement - Whether limited to two decimal places - Road Safety Act 1986 (No. 127) s. 50(1A) s. 50(1AB)(b).

Criminal law - Rape - Complaint - Kilby direction - Complainant's motive - Whether jury should consider if complainant had motive to lie - Juries - Majority verdict - Six hours of deliberation - Whether breaks included in deliberation - Meaning of "deliberation" - Crimes Act 1958 (No. 6231) s. 61(1)(b) - Juries Act 1967 (No. 7651) s. 47.

Criminal law - Murder - Sentence - Appeal - Crown appeal - Crimes Act 1958 (No. 6231) s. 567A.

Criminal law - Sentencing - Drug offences - Trafficking in heroin - Effect of expiry of s. 10 of Sentencing Act 1991 - Drugs, Poisons and Controlled Substances Act 1981 (No. 9719) s. 79 - Sentencing Act 1991 (No. 49) ss. 5(2AA) 10(6) 118.

Debts and choses in action - Assignment - Maintenance and champerty - Right of action in tort - Right of action for breach of statutory duty - Whether assignment effective.

Evidence - Prior consistent statement - Admissibility - Negligence - Personal injuries - Conflicting versions of events given by plaintiff - Defendant's document supporting plaintiff's oral evidence - Whether admissible - Whether containing admission by defendant - Whether rebuttal of allegation of recent invention - Whether admissible under Evidence Act 1958 s. 55 - Direction to jury that document could restore plaintiff's credit - Misdirection - Whether significant miscarriage - Evidence Act 1958 (No. 6246) s. 55 - Supreme Court Rules Ch. I r. 64.23(2).

Criminal law - Sentencing - Indefinite sentence - Validity of legislation - Proportionality - Preventive detention - Constitutional law - Commonwealth Constitution - Separation of powers - Whether court's function of reviewing sentences incompatible with judicial powers - Sentencing Act 1991 (No. 49) subdiv. (1A) Div. 2 Pt III - Commonwealth Constitution Ch. III.

Criminal law - Sentencing - Mitigation - Circumstances of offence - Standard of proof - Whether sentences manifestly excessive - Pre-sentence detention - Post-sentence detention - Custody doubly warranted - Whether court has power to take account of detention when custody doubly warranted - Assault - Intentionally causing serious injury - Sentencing Act 1991 (No. 49) s. 18.

Motor vehicles - Breath test and blood alcohol - Blood alcohol content exceeding 0.05% - Breathalyser tests showing blood alcohol content above prescribed limit - Blood test showing content below prescribed limit - Accused convicted of alternative charge - Whether abuse of process - Procedure - Certiorari - Review of County Court decision - Error of law on face of record - Procedural fairness - Road Safety Act 1986 (No. 127) ss. 48(1A) 49 - Administrative Law Act 1978 (No. 9234) s. 10.

Legal practitioners - Solicitor - Practising certificate - Application for practising certificate after previous refusal - Referred by Secretary of Law Institute to Solicitors' Board - Whether Council of Law Institute under duty to consider application - Whether secretary under duty to refer to council - Legal Profession Practice Act 1958 (No. 6291) ss. 79 86.

Administrative law - Protection of children - Administrative Appeals Tribunal - Application for review of decision not to take action to protect a child - Whether Administrative Appeals Tribunal had jurisdiction to review - Children and Young Persons Act 1989 (No. 56) ss. 85 120 121 122.

Criminal law - Double jeopardy - Rape - Recklessly causing serious injury - Single act constituting both offences - Whether accused may be charged with both offences - Whether accused may be convicted of both offences - Whether sentencing judge may take account of offence for which no conviction recorded - Intention of offence for which no conviction recorded - Sentencing - Interpretation of Legislation Act 1984 (No. 10096) s. 51 - Sentencing Act 1991 (No. 49) s. 5(2)(db).

Administrative law - Order for review - Legal aid - Decision to allocate matter - Reconsideration of decision - Review of decision by legal aid review committee - Refusal to review decision - Whether decision reviewable - Victoria Legal Aid - Whether a "tribunal" - Whether obliged to accord procedural fairness - Practice and procedure - Order by master for review - Application to strike out proceeding - Whether application must be made to master before return of order for review - Limitation of actions - Administrative Law Act 1978 (No. 9234) ss. 2 3 4(1) - Legal Aid Act 1978 (No. 9245) ss. 27 28 29 34 35 36.

Companies - Charge - Prior charge - Lack of consent by prior chargee - Whether validity of charge affected - Subsequent charge between same parties and in same terms - Whether superseded and discharged earlier charge - Registration - Failure to register within 45 days of creation - Application for extension of time for registration - Inadvertence - Discretion - Company in liquidation - General principle against extension of time when company in liquidation - Exceptions to general principle - Exceptional circumstances - Extension of time futile - Corporations Law ss. 263(1) 266(4).

Criminal law - Evidence - Abuse of process - Whether evidentiary ruling at earlier trial binding at re-trial - Drug offences - Trafficking - Circumstantial evidence - Meaning of "possession" - Sentence - Drugs, Poisons and Controlled Substances Act 1981 (No. 9719) s. 5.

Criminal law - Sentencing - Attempted murder - Appeal - Crown appeal - Sentencing judge's refusal to admit evidence negating remorse - Court of Appeal's power to receive further evidence on Crown appeal - General deterrence - Offender's psychiatric condition - Whether sentence manifestly inadequate - Crimes Act 1958 (No. 6231) s. 567A.

Criminal law - Sentence - Appeal - Evidence - Fresh evidence - Offender's medical condition - Admissible as showing true significance of facts in existence at the time of sentencing.

Criminal law - Blasphemous libel - Indecent or obscene figure - Photograph - Injunction - Whether art gallery should be restrained from exhibiting photograph - Summary Offences Act 1966 (No. 7405) s. 17(1)(b).

Town and country planning - Planning permit - Gaming venue - Social and economic effects - Whether decision-maker required to take account of social and economic effects - Administrative law - Administrative Appeals Tribunal - Amendment to proposal - Whether within tribunal's power to allow amendment - Refusal of adjournment - Whether objector denied procedural fairness - Carparking - Whether carparking must be provided on subject land - Whether permit must be refused unless provision made for carparking - Planning and Environment Act 1987 (No. 45) ss. 4(2)(d) 60(1)(b) - Planning Appeals Act 1980 (No. 9512) s. 53.

Criminal law - Sentencing - Culpable driving causing death - Negligently causing serious injury - Whether sentence manifestly excessive - Crimes Act 1958 (No. 6231) s. 318.

Accident compensation - Apportionment of liability between authority and insurer - Proceeding brought in County Court - Appeal - Whether normal rights of appeal from County Court excluded - Whether appeal only on question of law - Accident Compensation Act 1985 (No. 10191) ss. 52 129P 129S 134 - County Court Act 1958 (No. 6230) s. 74.

Town and country planning - Compensation - Reservation of land for public purposes - Refusal of planning permit - Land purchased with knowledge of reservation - Whether purchaser entitled to compensation - Whether loss suffered as the natural, direct and reasonable consequence of the reservation or refusal of a permit - Planning and Environment Act 1987 (No. 45) ss. 98(1) 98(2) 99 102 106 108.

Statutes - Interpretation - Plain English - Meaning of "must".

Criminal law - Abuse of process - Acquittal of co-accused at earlier trial - Identity of parties - Determination of issues - Crimes Act 1958 (No. 6231) ss. 81(1) 321M.

Criminal law - Theft - Obtaining property by deception - Cheques - Property - Whether cheque is property of drawer - Appeal - Appeal after conviction on plea of guilty - Sentence - Crimes Act 1958 (No. 6231) ss. 71 81.

Criminal law - Sentencing - Sexual offences - Serious sexual offender - Meaning of "sexual offence" - Crimes Act 1958 (No. 6231) ss. 44 46 47 48 150 - Sentencing Act 1991 (No. 49) ss. 3 5A 10 16.

Damages - Personal injury - General damages - Pain and suffering - Special damages - Loss of earnings - Assessment - Assessment by trial judge alone - Requirement to give reasons - Degree of particularity for separate heads of damages - Global or intuitive approach - Whether appropriate for loss of earnings - Appeal - Whether appeal court should re-assess damages.

Criminal law - Sentencing - Prevalence - Procedural fairness.

Practice and procedure - Appeal - Appeal instituted as of right - Costs below only live issue - Whether leave to appeal required - Discretion - Whether court has discretion to decline to hear appeal brought as of right.

Criminal law - Perjury - Duplicity - Amendment to presentment - Whether permissible - Whether accused must be re-arraigned after amendment - Evidence - Judicial control of evidence when accused is unrepresented - Independent corroboration - Crimes Act 1958 (No. 6231) ss. 314 372.

Associations and clubs - Domestic disciplinary tribunal - Courts and judges - Jurisdiction - Jurisdiction to interfere in decision of domestic tribunal - Question of law - Question of fact - Laws of Australian Football - Construction of laws - Player charged with unduly interfering with umpire - Proceedings before tribunal - Material on which tribunal may act - Onus of proof - Standard of proof.

Criminal law - Directions to jury - Failure of trial judge to summarise defence case in charge - Failure of defence counsel to press exception - Whether miscarriage of justice.

Criminal law - Evidence - Lies by accused - Conflicting versions of events given by accused - Whether admissible - Whether Edwards direction required.

Criminal law - Murder - Intent - Evidence - Inference - Burden of proof - Direction to jury.

Criminal law - Murder - Provocation - Battered woman syndrome - Sudden and temporary loss of self-control - Evidence - Evidence of accused - Motive to lie - Direction to jury regarding motive - Complaints - Hearsay - Lies by accused - Edwards direction - Circumstantial evidence - Propensity evidence - Admissibility - Crimes Act 1958 (No. 6231) s. 568(1).

Criminal law - Appeal - Evidence - Admissibility - Consciousness of guilt - Evidence prejudicial to accused - No exception to admission of evidence at trial - Whether accused may raise point on appeal - Miscarriage of justice - Substantial miscarriage of justice - Lies by accused - Direction to jury - Juries - Juror excused after empanelment - New jury empanelled including some members of first jury - Whether irregular - Crimes Act 1958 (No. 6231) s. 568(1).