Criminal law - Evidence - Aggravated burglary - Trespass with intent to rape while carrying an offensive weapon - Assault with intent to rape - Evidence of complainant's state of mind - Complainant's belief she was going to be raped - Whether admissible - Crimes Act 1958 (No. 6231) ss. 40 76(1) 77(1).

Criminal law - Sentencing - Drug offences - Commonwealth offences - Importation of ecstasy - Co-operation with the authorities - Appropriate discount - Whether sentence manifestly excessive - Whether importation of ecstasy less serious than importation of heroin - Customs Act 1901 (Cth) s. 233B - Crimes Act 1914 (Cth) s. 21E.

Criminal law - Sentencing - Crown appeal - Rape - Assault - Recklessly causing serious injury - Offences against estranged wife - Crimes Act 1958 (No. 6231) s. 567A.

Criminal law - Sexual offences - Evidence - Longman warning - Complaint - Lack of complaint - Evidence of uncharged acts - Whether admissible - Multiple counts - Direction to jury to ensure separate consideration of each crime charged - Evidence of admission against interest by accused - Direction to jury regarding admission.

Criminal law - Procedure - Legal aid - Appeal - Whether Court of Appeal has power to order provision of legal aid for appeal - Crimes Act 1958 (No. 6231) s. 360A.

Contract - Implied - Retainer - Legal practitioners - Solicitor.

Criminal law - Sentencing - Procedural fairness - Statement of agreed facts - Sentencing judge departing from agreed facts - No notice to offender - Whether breach of procedural fairness - Parity - Drug offences - Attempting to obtain possession without reasonable excuse - Customs Act 1901 (Cth) s. 233B.

Contract - Building contract - Breach - Negligence - Damages - Assessment - Compromise - Settlement with one defendant - Whether settlement sum must be taken into account in assessing damages against other defendant - Whether claims "concurrent" or "overlapping" - Claims for the same damage - General damages - Damages for inconvenience, anxiety and distress - Assessment - Whether such damages should be restrained or modest - Contribution - Defendants held liable for different heads of damages - Whether liable for contribution.

Trust and trustees - Life tenant and remainderman - Capital and income - Insufficiency of mortgage security - Apportionment of loss - Date for apportionment.

Criminal law - Sentencing - White collar crime - Relationship between head sentence and non-parole period - Whether lower non-parole period for white collar crimes - General deterrence - Crown appeal - Prosecutor's failure to make submissions on non-parole period - Whether Crown can challenge non-parole period on appeal - Parity - Whether principles of parity relevant on Crown appeal - Crimes Act 1958 (No. 6231) s. 567A.

Injunction - Interlocutory - Directed to the world at large - Whether beyond power - Whether inappropriate for interlocutory relief - Industrial dispute - Picket line - Appeal - Standing - Whether persons not named as parties to proceedings had standing to appeal - Appellant in breach of order - Whether entitled to be heard on appeal - Costs - Withdrawal of appeal by appellant in breach of order - Whether entitled to costs concession - Supreme Court Rules Ch. I r. 64.15.

Wills and codicils - Validity - Fraud - Evidence - Proof that will procured by fraud - Circumstantial evidence - Beneficiary convicted of testator's murder.

Criminal law - Sexual offences - Evidence - Recovered memory - Memory revived by similar allegations of complainant's daughter - Cross-examination of complainant - Whether evidence of daughter's allegations could be excluded - Longman warning - Evidence by accused - Direction to jury about assessing accused's evidence.

Taxation - Financial institutions duty - Statutes - Interpretation - Extraterritoriality - Whether duty imposed on deposits made outside Victoria - Financial Institutions Duty Act 1982 (No. 9850) ss. 8 9 10 18.

Criminal law - Advertising - Publishing a tobacco advertisement - Meaning of "the public or a section of the public" - Tobacco Advertising Prohibition Act 1992 (Cth) ss. 10 15.

Costs - Offer of compromise - Accident compensation - Judgment for damages more than 120% of offer - Whether trial judge has discretion as to costs - Accident Compensation Act 1985 (No. 10191) s. 135B(6)(b) - County Court Act 1958 (No. 6230) s. 78A.

Injunction - Interlocutory - Form of order - Appeal - Futile.

Criminal law - Sentencing - Attempted murder - Temporary total breakdown in mental functioning - Protective custody - Whether sentence manifestly excessive.

Criminal law - Sentencing - Youthful offender - Principles applicable to sentencing youthful offenders - General deterrence - Rehabilitation - Recklessly causing serious injury - Prevalence - Procedural fairness - Crimes Act 1958 (No. 6231) s. 17 - Sentencing Act 1991 (No. 49) s. 5(4).

Criminal law - Sentencing - Non-parole period - Whether judge obliged to give reasons for not fixing non-parole period - Whether judge obliged to warn counsel - Appeal - Presumption of regularity - Drug offences - Trafficking - Sentencing Act 1991 (No. 49) s. 11(2) - Drugs, Poisons and Controlled Substances Act 1981 (No. 9719) s. 71.

Accident compensation - Transport accident - Claim for impairment benefit - Transport Accident Commission - Administrative law - Administrative Appeals Tribunal - Review by tribunal of commission's decision - Statutory obligation on commission to disclose relevant material to tribunal - Failure by commission to disclose relevant material - Failure by claimant to disclose material - Tribunal upholding commission's decision - Appeal to Supreme Court - Relevant material withheld from tribunal disclosed to court - Administrative Appeals Tribunal Act 1984 (No. 10155) s. 36(1) - Transport Accident Act 1986 (No. 111) s. 38(2).

Discrimination - Equal opportunity - Direct discrimination - Indirect discrimination - Public education - Special school - Transition program for mildly intellectually impaired 18 and 19 year old students - Whether program amounted to education or training - Program abolished pursuant to new age-based policy - State funding withdrawn for students over 18 not enrolled in V.C.E. - Substitute program for young adults not capable of enrolling in V.C.E. course - Whether new policy imposed requirement or condition on which education or training provided - Whether requirement or condition reasonable - Appeal - Practice and procedure - Amendment to notice of appeal out of time - Whether court has power to allow amendment - Equal Opportunity Act 1995 (No. 42) ss. 4 6 7 8 9 37(2) 126(1) 128 130 - Supreme Court Rules Ch. I r. 64.06.

Criminal law - Procedure - Evidence - Failure to call witness - Personal interest of informant in convicting accused - Whether fundamental defect warranting stay of proceedings - Instructing solicitor ordered out of court as a witness - Whether injustice vitiating trial - Courts and judges - Magistrates' Court - Tape-recording of proceeding - Issue estoppel - Decision of earlier magistrate to permit tape-recording - Whether magistrate hearing charges bound to permit tape-recording.

Criminal law - Armed robbery - Defences - Duress - Marital coercion - Whether test objective or subjective - Evidence - Evidence of history and relationships prior to marriage - Whether admissible - Sentence - Crimes Act 1958 (No. 6231) s. 336.

Income tax - Group tax - Failure by company to remit - Penalty - Imposition of penalty on directors - Whether penalty a tax - Whether constitutional - Notice imposing penalty - Failure to specify due date for deductions of group tax - Whether notice valid - Commonwealth Constitution s. 55 - Income Tax Assessment Act 1936 (Cth) ss. 221F 221R 222ANA 222AOB 222AOC 222AOE 222AOH 222AOI 222APB 222APC 222APE - Insolvency (Tax Priorities) Legislation Amendment Act 1993 (Cth) s. 16.

Legal practitioners - Solicitors - Unqualified person - Proceedings to restrain person from acting as a solicitor - Whether proceedings lapsed after repeal of legislation - Law Institute of Victoria - Abolition and replacement - Meaning of "act or practise as a solicitor" - Meaning of "engaging in legal practice" - Carrying on the profession of law - Whether tax agents, customs agents and migration agents engage in legal practice - Legal Profession Practice Act 1958 (No. 6291) ss. 90 95A - Legal Practice Act 1996 (No. 35) ss. 314 316 321 Sch. 2 cl. 13(1).

Statutes - Interpretation - Legislation regulating legal profession - Repeal and replacement of legislation - Savings provisions - Legal proceedings issued under repealed legislation - Whether proceedings lapsed - Accrued right - Whether plaintiff had accrued right to have proceedings determined in accordance with repealed legislation - Whether replacement legislation substantially re-enacted repealed legislation - Whether plaintiff entitled to continue proceedings under new legislation - Legislative abolition of plaintiff - Substitution of plaintiff - Legal Profession Practice Act 1958 (No. 6291) ss. 90 95A - Legal Practice Act 1996 (No. 35) ss. 314 316 321 Sch. 2 cl. 13(1) - Interpretation of Legislation Act 1984 (No. 10096) ss. 14 16 - Supreme Court Rules Ch. I r. 9.06.

Constitutional law - Commonwealth Constitution - Separation of powers - Supreme Court of Victoria - Supervisory powers conferred on State court - Whether incompatible with exercise of federal judicial power - Inconsistency between Commonwealth and State legislation - State legislation regulating legal practitioners - Commonwealth legislation regulating specialist agents - Whether State legislation took away rights or privileges conferred by Commonwealth legislation - Commonwealth Constitution Ch. III s. 109 - Income Tax Assessment Act 1936 (Cth) Pt VIIA - Customs Act 1901 (Cth) Pt XI - Migration Act 1958 (Cth) Pt 3.

Criminal law - Murder - Verdict - Whether unsafe or unsatisfactory - Appeal - Procedure - Amendment to grounds of appeal - Late amendment - Leave to amend - Principles concerning leave to make late amendment to grounds of appeal.

Criminal law - Evidence - Lies by accused - Direction to jury - Edwards warning - Whether every point from Edwards must be covered - Untruth must be deliberate - Lie must be material - Consciousness of guilt - Combination of knowledge and fear - Edwards warning inadequate - Whether substantial miscarriage of justice - Murder - Crimes Act 1958 (No. 6231) s. 568(1).

Criminal law - Appeal - Fresh evidence - Whether fresh evidence showed miscarriage of justice at trial - Verdict - Whether verdicts unsafe or unsatisfactory - Inconsistency of verdicts - Kidnapping - Whether common law offence abolished by statute - False imprisonment - Sentence - Non-parole period - Relationship between non-parole period and head sentence - Crimes Act 1958 (No. 6231) ss. 63A 74 77(1).

Criminal law - Juries - List of potential jurors with non-disqualifying convictions - List provided by police to prosecution - List not provided to accused - Information used by prosecution - Whether miscarriage of justice - Evidence - Accomplices - Records of police interviews of accomplices - Whether admissible - Whether accused denied opportunity to put case - Verdict - Whether unsafe or unsatisfactory - Failure of accused to give evidence - Drug offences - Importation of heroin - Commonwealth Constitution s. 80 - Juries Act 1967 (No. 7651) ss. 4 11 20 21 33 34 39 56 67(b) - Customs Act 1901 (Cth) s. 233B(1)(b).

Accident compensation - "Serious injury" applications - Practice and procedure - Procedure for dealing with applications "on the papers" - No hearing - No right of cross-examination - Natural justice - Procedural fairness - Accident Compensation Act 1985 (No. 10191) s. 135A - Transport Accident Act 1986 (No. 111) s. 93 - County Court Rules Ch. I r. 40.04(2).

Contract - Privity - Insurance - Policy - Accident compensation - Workers compensation - Joinder of insurers.

Practice and procedure - Magistrates' Court - Garnishee - Order - Bank account - Whether judgment creditor must produce account passbook - Magistrates' Court Rules r. 27.01(2) - Supreme Court Rules Ch. I r. 71.03(1)(c).

Practice and procedure - Security for costs - Proceeding partly a derivative action - Whether plaintiffs sued not for own benefit but for benefit of some other person - Whether nominal plaintiffs - Common law rule against security for costs from impecunious plaintiff - Whether relevant - Whether abuse of common law rule by device of suit by nominal plaintiffs - Whether plaintiffs sued in representative capacity - Supreme Court Rules Ch. I r. 62.02(1)(b).

Trusts and trustees - Distribution of aliquot share of trust property - Whether life tenant and remaindermen can require distribution - Trustees - Trustee refusing to agree to distribution - Vesting order to give effect to distribution - Application to remove trustee - Trustee Act 1958 (No. 6401) ss. 51(1) 52(2)(i).

Administrative law - Estate Agents Disciplinary and Licensing Appeals Tribunal - Estate agent - Licence - Eligibility - Conviction for serious offence of violence - Applicant for licence convicted of intentionally causing injury - Characterisation of offence - Legal incidents of offence - Circumstances of offence or offender - Estate Agents Act 1980 (No. 9428) ss. 14(5)(e) 31C 91Y - Crimes Act 1958 (No. 6231) s. 18.

Criminal law - Recklessly engaging in conduct endangering another person - Whether accused must foresee death or only danger of death - HIV virus - Unprotected sex while HIV positive - Evidence - Judicial notice - Whether court may take judicial notice that HIV virus endangers life - Evidence of risk of contracting HIV virus from unprotected sex - Evidence of risk of death from HIV virus - Crimes Act 1958 (No. 6231) s. 22.

Judgments, orders and declarations - Order - Suppression order - Order prohibiting publication of name of person with HIV virus - Health Act 1958 (No. 6270) s. 129(1).

Criminal law - Sexual offences - Evidence - Similar facts - Separate trials - Complaint - Lack of timely complaint - Longman warning - Corroboration - Crimes Act 1958 (No. 6231) s. 61(1).

Contempt of court - Summary jurisdiction - Barrister - Words or conduct in the face of the court - Conviction of contempt - Whether finding of contempt amounts to conviction - Discretion not to convict - Arrest for contempt - Prima facie case - Costs - Supreme Court Rules Ch. I r. 75.02.

Legal aid - Appeal - Victoria Legal Aid - Order to provide legal assistance to an accused person - Right of appeal from order - Supreme Court Act 1986 (No. 110) ss. 17(2) 17A(3) - Crimes Act 1958 (No. 6231) s. 360A.

Prisons and prisoners - Interstate transfer - Whether harsh or oppressive - Loss of concurrency if sentenced interstate - Delay in requesting transfer - Prisoner might give evidence at trial in Victoria - Prisoner unable to complete educational course - Separation from wife and child - Prisoners (Interstate Transfer) Act 1983 (No. 9881) ss. 15 16.

Criminal law - Procedure - Evidence - Crown Prosecutor - Discretion in conduct of case - Failure to interview witness - Whether miscarriage of justice.

Criminal law - Sentencing - Crown appeal - Suspended sentence - Parity - Crimes Act 1958 (No. 6231) s. 567A - Sentencing Act 1991 (No. 49) s. 27(1).

Criminal law - Evidence - Admissibility - Record of interview - Statutory requirement to inform suspect of circumstances of offence prior to questioning - Crimes Act 1958 (No. 6231) s. 464A(2).

Contract - Formation - Offer and acceptance - Series of communications - When contract was made - Terms - Incorporation - Exemption clause - Standard terms and conditions - Whether incorporated in contract - Whether terms exceptional - Whether special steps required to bring terms to other party's attention - Appeal - Point not argued below - Insurance - Insurable interest - Property insurance - Whether person liable for damage to insured property has insurable interest - Project insurance.

Criminal law - Sentencing - Counterfeiting - Adjustment for abolition of remissions - Undertaking to co-operate with law enforcement agencies in relation to State offences - Whether relevant to sentence for federal offence - Crimes (Currency) Act 1981 (Cth) s. 6 - Sentencing Act 1991 (No. 49) s. 5(2AA) - Crimes Act 1914 (Cth) ss. 16(1) 16A(2)(h) 16G 21E.

Criminal law - Companies - Directors - Offences - Dividends - Payment of dividend out of what is not profit - Evidence - Admissibility - Knowledge of director - Knowledge at time dividend declared - Knowledge at time dividend actually paid - Companies (Victoria) Code s. 565(2).

Criminal law - Defrauding the Commonwealth - Sentencing - Delay - Mercy - Crimes Act 1914 (Cth) s. 29D.

Practice and procedure - Appeal - Leave to appeal - Interlocutory order - Order dismissing proceeding - No application for leave to appeal - Whether appeal competent - Supreme Court Act 1986 (No. 110) s. 17A(4).

Criminal law - Evidence - Propensity evidence - Similar fact evidence - Sexual offences - Crimes Act 1958 (No. 6231) s. 398A.

Criminal law - Joinder of counts - Sexual offences - Several complainants - Separate trials - Discretion to order separate trials - Principles guiding exercise of discretion - Evidence - Propensity evidence - Similar fact evidence - Evidence in relation to one complainant not admissible in relation to other complainants - Warning to jury - Delay in making complaint - Direction to jury - Balancing statement - Crimes Act 1958 (No. 6231) ss. 61 372 398A Sixth Schedule r. 2 - Crimes (Amendment) Act 1997 (No. 81).

Criminal law - Evidence - Admissions - Discretion to exclude - Secretly recorded conversation - Agent of police - Subterfuge - Unfairness discretion - Public policy discretion - Whether accused's freedom to speak to police was impugned - Whether admissions were elicited by significant misleading.

Criminal law - Income tax - Defrauding the Commonwealth - Sentencing - Mitigating factors - Delay in prosecution - Payment of tax plus substantial penalties - Whether offender must serve period of incarceration - Crimes Act 1914 (Cth) s. 29D.

Contract - Formation - Intention to create legal relations - Document - Signed by one party - Whether sufficient evidence of contract - Circumstances in which document presented for signature - Exemption clause - Exemption from liability for negligence.

Restitution - Doctrine of involuntary payment - Compulsion or duress - Threat of mortgagee's sale - Debt owed under guarantee - Guarantee unenforceable - Whether payment involuntary a question of fact.

Insurance - Policy - Construction - Electronic equipment - Computer - Software - Software insured against accidental loss or damage - Data entered on hard disk - Whether damage to data insured.

Administrative law - Freedom of information - Exempt documents - Exemption apparent from nature of document - Agency not required to identify documents or specify exemption - Review of agency's decision - Administrative Appeals Tribunal - Whether tribunal may direct agency to identify documents and specify exemption - Whether tribunal may call for documents - Freedom of Information Act 1982 (No. 9859) ss. 3 25A(5) 38 50(2) 50(4) 52(1) 56(1) - Casino Control Act 1991 (No. 47) s. 151.

Stamp duty - Transfer of marketable securities - Companies - Shares - Buy-back - Transfer of shares from seller to company - Whether instrument properly characterised as a transfer - Whether dutiable as a transfer of marketable securities - Extra-territoriality - Execution of instrument outside of Victoria - Completion of transfer in Victoria - Whether instrument related to a "matter or thing done ... in Victoria" - Nominal duty paid in New South Wales - Whether exemption from double duty applicable - Meaning of "transfer" - Stamps Act 1958 (No. 6375) ss. 17(4) 55A(2)(b) Sch. 3 Heading IV(A) - Corporations Law Pt 2.4 Div. 4B.

Criminal law - Sexual offences - Indecent assault - Penetration with a child under 10 - Directions to jury - Whether trial judge must summarise evidence - Whether trial judge must put defence case - Complaint - Delay - Warning to jury - Accused's motive to lie - Failure by defence counsel to take exception to directions - Cumulative effect of misdirections - Whether verdict unsafe and unsatisfactory - Procedure - Trial - Separate trial - Separate but similar offences - Four complainants, all sisters - Possibility of concoction.

Coroners - Inquest - Appeal - Inquest ordered to be re-opened by Supreme Court - Coroner's finding exonerating person from contributing to death - Exonerated person not party to application to re-open inquest - Whether denied natural justice - Need for proper contradictor - Coroners Act 1985 (No. 10257) ss. 19 59.

Criminal law - Sexual offences - Incest - Evidence - Complainant's motive to lie - Cross-examination of complainant on motive to lie - Evidence-in-chief from accused about that motive - Cross-examination of accused on that motive - Admission into evidence of accused's record of interview containing questions about that motive - Exemption from giving evidence - Failure by judge to tell witnesses of exemption - Whether fatal flaw going to root of proceedings - Complaint - Suggestion of recent invention - Evidence from complainant of complaint - Whether admissible to rebut allegation of recent invention - Sentence - Crimes Act 1958 (No. 6231) s. 400.

Defamation - Identification - Evidence - Plaintiff not named in offending publication - Whether direct evidence of identification required - Whether identification can be inferred from other evidence - Defences - Justification - Relevance of evidence of subsequent events - Defence not circumscribed by time - Understating the sting of the libel.

Criminal law - Appeal - Conviction - Verdict of guilty but no conviction recorded - Whether accused has right of appeal - Meaning of "conviction" - Recklessly causing serious injury - Verdict - Whether unsafe or unsatisfactory - Crimes Act 1958 (No. 6231) s. 567 - Sentencing Act 1991 (No. 49) s. 75.

Criminal law - Drug offences - Importation of cannabis - Evidence - Accomplice - Corroboration - Circumstantial evidence - Whether capable of corroborating accomplice evidence - Lies by accused - Whether capable of corroborating accomplice evidence in absence of Edwards warning - Trial judge's direction to jury on corroboration - General principles - Whether judge must identify each item of evidence said to constitute corroboration - Allegation by defence of concoction between prosecution and accomplice - Rebuttal evidence - Whether admissible - Evidence contradicting accomplice's version of events - Whether admissible as part of prosecution case - Prosecutor's duty of fairness - Whether prosecutor obliged not to tender evidence - Sentence - Customs Act 1901 (Cth) s. 233(1).

Criminal law - Sexual offences - Indecent assault - Evidence - Complaint - Lack of timely complaint - Complainant's motive to lie - Sentencing - Serious sexual offender - Meaning of "sexual offences" - Crimes Act 1958 (No. 6231) ss. 39 61(1) - Sentencing Act 1991 (No. 49) ss. 3 16(1) 16(1A).

Discrimination - Equal opportunity - Impairment - Employment - Denial of benefit - Employee fit only for restricted duties - Employee denied opportunity to work overtime - Employer's policy not to permit employees on restricted duties to work overtime - Policy based on employer's occupational health and safety obligations - Whether discrimination authorised or required by law - Equal Opportunity Act 1984 (No. 10095) ss. 4(1) 17 21 - Occupational Health and Safety Act 1985 (No. 10190) s. 21.

Companies - Winding up - Administration - Set-off - Statutory - Mutual dealings - Whether set-off automatic - Whether creditor must make claim - Deed of arrangement - Corporations Law ss. 444A 444D 553C - Corporations Regulations Sch. 8A cll. 6 8 - Bankruptcy Act 1966 (Cth) s. 86.