Contract - Mistake - Unilateral - Rectification - Agency and agents - Knowledge of agent - Whether imputed to principal.

Banks and banking - Banker and customer - Loan - Mortgage - Contract - Interpretation - Variation - Several contractual documents governing same transaction - Demand for repayment - Whether valid - Receiver - Appointment by bank - Whether valid - Receiver taking possession of and selling customer's property - Trespass - Conversion - Damages.

Trade practices - Misleading or deceptive conduct - Negligence - Accountants - Engaged by bank - Report by accountants on customer's business - Recommendation to call up loan - Whether bank misled - Causation - Reliance - Whether bank relied on report - Whether customer's loss caused by report - Difficulty of proving causation when person suffering loss is not the person misled - Fair Trading Act 1985 (No. 10201) ss. 11 37.

Accident compensation - Transport accident - Motor vehicle - Motor cycle - Not used on a highway for many years - Whether "intended to be used on a highway" - Meaning of "intended" - Objective test - Transport Accident Act 1986 (No. 111) ss. 3(1) 35 - Road Safety Act 1986 (No. 127) s. 3(1).

Coroners - Inquest - Appeal - Review of coroner's findings - Cause of death - Identity of person who contributed to cause of death - Police shooting - Findings that policeman did not contribute to death and acted in self-defence - Whether findings subject to review - Coroners Act 1985 (No. 10275) ss. 19 59.

Insurance - Marine - Non-disclosure - Misrepresentation - Materiality - Two stage test of materiality - Assessment of impact on hypothetical prudent insurer at time risk accepted - Whether insurer was actually induced to issue policy by non-disclosure or misrepresentation - Brokers and agents - Negligence - Broker's duty to insured for non-disclosure or misrepresentation to insurer - Marine Insurance Act 1909 (Cth) ss. 24 26.

Costs - Non-party - Application for costs order against non-party - Made after judgment and final orders - Whether court has jurisdiction - Whether order sought is supplemental to or a variation of final orders.

Costs - Taxation - Solicitor - Proceeding instituted in Supreme Court - Whether proceeding should have been instituted in Magistrates' Court - Solicitor failing to advise on jurisdiction - Whether solicitor negligent - Whether solicitor's costs should be assessed on Magistrates' Court scale - Client ordered to pay other party's costs - Whether solicitor should indemnify client for other party's costs - Whether solicitor's negligence led to loss of whole proceeding - Whether the question may be determined on a taxation of costs - Supreme Court Rules r. 63.23.

Negligence - Duty of care - Economic loss - Foreseeability of loss - Proximity - Reliance - Negligent misstatement - Employer and employee - Provision of false information about former employee - Whether employer owed former employee a duty of care - Defamation - Whether duty of care inconsistent with law of defamation.

Trust and trustees - Trustee - Powers - Power to amend trust deed - Discretion - Exercise - Whether reviewable by court - Trust - Superannuation fund - Duties of trustees of superannuation funds.

Criminal law - Sentencing - Non-parole period - Offences committed after offender had escaped from prison interstate - Whether ground for not fixing a non-parole period - Sentencing Act 1991 (No. 49) s. 11(1) - Prisoners (Interstate Transfer) Act 1983 (No. 9881).

Criminal law - Sentencing - Non-parole period - Sentence of imprisonment for two years or more - Refusal by sentencing judge to fix non-parole period - Application to Court of Appeal to fix non-parole period - Whether Court of Appeal had jurisdiction - Sentencing Act 1991 (No. 49) ss. 11(1) 13(1) 14.

Criminal law - Sentencing - Non-parole period - Sentence of imprisonment for less than two years but not less than one year - Failure by sentencing judge to give reasons - Whether failure to exercise discretion to fix non-parole period - Whether failure to fix non-parole period in accordance with statute - Application to Court of Appeal to fix non-parole period - Sentencing Act 1991 (No. 49) ss. 11(2) 13(1).

Accident compensation - Sporting contestants - Statutory deemed employment - Stable-hand employed by racehorse trainer - Injury suffered in riding accident - Deterioration following return to work as stable-hand - Claim for damages against trainer and racecourse occupier - Third party claims by occupier against insurers - Whether stable-hand a deemed employee of occupier - Whether licensed to ride by occupier - Compensation paid by insurer to stable-hand for incapacity - Claim by insurers against occupier for indemnity in respect of compensation - Whether injury attributable to act, default or negligence of third party - Identification of injury in respect of which compensation was paid - Negligence - Employer and employee - Whether trainer liable for condition of track - Accident Compensation Act 1985 (No. 10191) ss. 16(4)(b) 98 138.

Costs - Non-party - Application for costs order against non-party - Made after judgment and final orders - Whether order sought was supplemental to or variation of final orders - Whether court has jurisdiction - Whether discretion under s. 24(1) of the Supreme Court Act 1986 limited by s. 1335(2) of the Corporations Law - Whether action was a proceeding "under" the Corporations Law - Supreme Court Act 1986 (No. 110) s. 24(1) - Corporations Law s. 1335(2) - Corporations (Victoria) Act 1990 (No. 80) s. 7 - Interpretation of Legislation Act 1984 (No. 10096) s. 38.

Accident compensation - Workers compensation - Serious injury - Damages - Pecuniary loss - Serious injury suffered before 1 December 1992 - Incapacity not known until after 1 December 1992 - Meaning of "incapacity" - Accident Compensation Act 1985 (No. 10191) ss. 135 135A(2)(b) 135A(19) - Accident Compensation (WorkCover) Act 1992 (No. 67) s. 46.

Accident compensation - Workers compensation - Injury arising out of or in the course of employment - Apprentice worker - Injury occurring while the worker attended a school as an apprentice - Damages - Damages for pecuniary loss - Statutory prohibition on damages for pecuniary loss - Exceptions to statutory prohibition - Accident Compensation Act 1985 (No. 10191) ss. 83(2) 135(1).

Precedent - Court of Appeal - Full Court - Whether Court of Appeal is bound by a decision of its own or the Full Court.

Criminal law - Bail - Murder - Variation of bail condition - Whether application may be made to a magistrate other than the committing magistrate - Bail Act 1977 (No. 9008) ss. 13(2)(b) 18(1) 18A.

Practice and procedure - Stay of proceedings - Conflict of laws - Bankruptcy and insolvency - Claim against Australian subsidiary of U.S. corporation - Parent company subject to bankruptcy proceedings in U.S. - Plaintiff resident in Victoria - Cause of action arising in Victoria - Whether Victorian proceeding should be stayed - Comity - Corporations Law 1989 s. 581 - United States Bankruptcy Code Ch. 11.

Judgments, orders and declarations - Suppression order - Pseudonym order - Administrative law - Tribunal - Medical Practitioners Board - Hearing of complaint of unprofessional conduct against medical practitioner - Order prohibiting publication of name of medical practitioner - Whether board had power to make order - Implied statutory power - Inherent power - Courts and judges - Inherent power of superior courts - Practice and procedure - Locus standi - Newspaper publisher - Standing to challenge suppression order - Medical Practice Act 1994 (No. 23) ss. 39 46 49(c) 49(d) 52 58.

Accident compensation - Transport accident - Leave to bring common law proceedings - Serious injury - Death of injured person from other causes - No steps taken to establish "serious injury" before death - Whether cause of action vested in injured person at death - Application for leave to bring proceedings made by personal representative - Whether maintainable - Whether application maintainable after tortfeasor's death - Meaning of "serious injury" - Transport Accident Act 1986 (No. 111) ss. 3(5)(c) 93 94(7) - Administration and Probate Act 1958 (No. 6191) s. 29.

Defamation - Libel - Newspaper - Practice and procedure - Discovery - "Newspaper rule" - Rule of practice protecting confidentiality of journalist's source - Waiver of newspaper rule - Disclosure necessary in interests of justice.

Criminal law - Murder - Provocation - Provocation open on the evidence - Defence relying on other defences inconsistent with provocation - Whether trial judge required to put provocation to jury - Self-induced provocation.

Criminal law - Sentencing - Culpable driving causing death - Relevance of offender's conduct after offence - Crown appeal - Crimes Act 1958 (No. 6231) s. 318(1).

Criminal law - Sentencing - Appeal - Substituted sentence passed by Court of Appeal - Date of imposition of substituted sentence - Whether substituted sentence taken to have been passed on date of original sentence or date of Court of Appeal's order - Pre-sentence detention - Declaration by Court of Appeal as to pre-sentence detention - Time served pending appeal - Whether Court of Appeal's declaration includes time served pending appeal - Crimes Act 1958 (No. 6231) ss. 567A(4), 568(4), 579(3) - Sentencing Act 1991 (No. 49) ss. 17, 18 - Penalties and Sentences Act 1981 (No. 10260) s. 16 - Social Welfare Act 1970 (No. 8089) s. 202A.

Practice and procedure - Contribution - Pleading - Contribution claim by writ in separate proceeding - Whether defendant may claim contribution in separate writ before ascertainment of liability - Whether defendant must plead liability to plaintiff in original pleading - Wrongs Act 1958 (No. 6420) ss. 23A 23B 23AA 23AB 23AC.

Stamp duty - Conveyance or transfer of real property - Sale of land - Trust - Sale of beneficial interest in land - Contract of sale - No transfer - No change in registered proprietor - Constructive trust arising upon completion of sale - Sale dutiable if land became an asset of a trust - Whether trust must be pre-existing or may arise upon the sale - Statutes - Interpretation - Purposive - Tax avoidance - Stamps Act 1958 (No. 6375) s. 64A(3) Heading VI(A).

Accident compensation - Workers compensation - Serious injury - Damages - Injury occurring before 1 December 1992 - Proceedings not commenced before 30 June 1994 - Statutory exclusion of damages - Whether exclusion applies to "serious injury" cases - Accident Compensation Act 1985 (No. 10191) ss. 135A(2)(b) 135B - Accident Compensation (Amendment) Act 1994 (No. 50) s. 64.

Banks and banking - Contract - Construction - Supply contract - Irrevocable standby letter of credit - Securing performance under contract - Express negative stipulation in contract limiting recourse to security - When beneficiary entitled to draw on security - Australian Standard General Conditions of Contract for the Supply of Equipment AS3556-1988 - Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce (1983 Revision).

Practice and procedure - Want of prosecution - Delay - Whether inexcusable and inordinate - Delay within the limitation period - Plaintiff's inability to produce proper pleading - Substantial risk that a fair trial could not be had - Prejudice - Impact of delay on defendant's professional probity or competence.

Damages - Personal injuries - Earning capacity - Service company employed by partnership of which plaintiff a member - Profits of service company distributed to plaintiff's family trust - Whether assessment of loss of earning capacity should take account of service company distributions.

Criminal law - Evidence - Admissibility - Hearsay - Relevance - Prejudice - "Tip evidence" - Police officers - Evidence that they attended scene "on information received" - Crimes Act 1958 (No. 6231) s. 568(1).

Companies - Directors - Appointment - Meeting - Procedure - Voting - Chairman - Chairman's ruling excluding proxy votes - Whether ruling valid - Resolution replacing director - Whether special resolution or ordinary resolution - Statutory procedure for replacing director - Procedure under company's articles - Whether articles excluded operation of statutory procedure - Defect or irregularity in notice and form of resolution - Whether substantial injustice - Whether resolution valid - Corporations Law ss. 227 252 1322.

Practice and procedure - Parties - Joinder - Companies - Shareholder - Rule in Foss v Harbottle - Appeal - Leave to be joined as appellant - Leave to appeal out of time.

Bankruptcy and insolvency - Companies - Winding up - Preferential claim - Unfair preference - Voidable transaction - Taxation - Sales tax - Whether sales tax payments capable of being unfair preferences - Running account - Whether sales tax payments part of running account - Defence to preferential claim - No reasonable grounds to suspect insolvency - Subjective and objective tests - Discretion - Whether court has discretion to reject preferential claim - Corporations Law ss. 588FA 588FC 588FE(2) 588FG(2) 588FF(1) - Sales Tax Assessment Act 1992 (Cth) ss. 16 61 63 69 123 125.

Criminal law - Culpable driving - Culpable driving causing death - Gross negligence - Fatigue of accused - Directions to jury - Failure by judge to explain essential elements of offence - Failure by judge to put defence case - Misdirection on assessment of accused's evidence - Misdirection by inviting jury to consider accused's beliefs - Crimes Act 1958 (No. 6231) s. 318(2)(b).

Criminal law - Sexual offences - Rape - Intentionally causing injury - Evidence - Complaint - Juries - Juror discharged - Whether whole jury should have been discharged - Test of high degree of need - Verdict - Whether unsafe and unsatisfactory.

Criminal law - Incitement - Incitement to murder - Incitement to cause serious injury intentionally - Elements of offences - Appropriate directions to jury - Procedure - Witness overseas - Stay of trial refused - Evidence - Evidence of absent witness from committal, police interview and recorded interview with accused - Whether admissible - Sentence - Non-parole period - Crimes Act 1958 (No. 6231) ss. 321G 568(1) - Evidence Act 1958 (No. 6246) s. 55AB.

Partnership and partners - Retirement of partner - Continuing partners carrying on business - Retiring partner's entitlement to share of profits - Continuing partners' use of retiring partner's share of partnership assets - Contribution to profits by firm's assets - Contribution to profits by partners' skills and exertions - Assessment - Whether by deduction or attribution - Partnership Act 1958 (No. 6350) s. 46.

Trust and trustees - Trust - Constructive - Misapplication of trust property by fiduciary - Recipient liability under first limb of Barnes v Addy (1874) L.R. 9 Ch. App. 244 - Companies - Group of companies - Directors - Duties - Loan by one company to related company for the benefit of third company in group - Improper purpose - Group insolvent - No benefit to lender company - Breach of fiduciary duty by directors of lender company - Whether recipient company knowingly assisted in breach - Knowledge - Imputed knowledge - Common directors.

Judgments, orders and declarations - Tracing - Equitable compensation - Further submissions on orders after judgment given but before orders made - Orders not sought at trial - No prayer for relief - Interest - "Debt or sum certain" - Supreme Court Act 1986 (No. 110) ss. 58(1) 60(1).

Real property - Torrens system - Indefeasibility of title - Exceptions - In personam claim - Mortgages - Infants and juveniles - Contract - Capacity - Mortgagor a minor - Whether mortgage void - Personal covenant - Security - Registration - Effect of registration - Whether mortgage enforceable after registration - Whether mortgagor has an in personam claim - Equity - Equitable lien on land - Securing unrepaid portion of advance used to purchase land - Subrogation - Supreme Court Act 1986 (No. 110) s. 49 - Transfer of Land Act 1958 (No. 6399) ss. 42 43.

Statutes - Interpretation - Inconsistency - Implied repeal - Supreme Court Act 1986 (No. 110) s. 49 - Transfer of Land Act 1958 (No. 6399) ss. 42 43.

Insurance - Property - All risks - Co-insurance - Failure by insured to declare value of particular items of property - Whether undeclared property excluded from cover - Whether insured breached duty of good faith - Bridges excluded from cover - Meaning of "bridges" - Whether insured liable for additional premiums for undeclared property - Insurance Contracts Act 1984 (Cth) ss. 12 13 14.

Criminal law - Sentencing - Uncharged acts - Procedure - "Representative" or "sample" counts - Agreed for the purposes of a plea - Whether sentencing judge may consider the whole of the offender's conduct - Circumstances of aggravation - Appeal - Crown appeal against sentence - Principles applicable.

Negligence - Damages - Causation - Solicitors - Defendant liable for fraudulent misrepresentation - Third party claim against solicitors - Negligence of defendant's solicitors a necessary pre-condition to defendant's loss - Whether solicitors' negligence a cause of defendant's loss - Chain of causation - Novus actus interveniens - Whether defendant's fraud severed the chain of causation.

Judgments, orders and declarations - Damages - Interest - Third party claim - Third party ordered to pay damages to defendant - Whether interest on damages runs from date of third party notice or payment of judgment debt - Appeal - Repayment of damages paid pursuant to judgment under appeal - Interest on amount repaid - Rate of interest - Penalty Interest Rates Act 1983 (No. 9967).

Costs - Indemnity certificate - Appeal - Appeal successful on question of causation - Question of fact - Whether judgment below against the evidence - Appeal Costs Act 1964 (No. 7117) s. 13(1).

Criminal law - Sexual offences - Incest - Rape - Indecent assault - Causing a child to take part in prostitution - Multiple counts - Evidence - Uncertainty of dates of alleged offences - Verdict - Whether verdict must be taken on all counts in presentment - Whether verdicts unsafe and unsatisfactory - Uncharged acts - Whether evidence of uncharged acts admissible - Guilty passion - Misdirection to jury - Complaint - Lack of timely complaint - Misdirection to jury - Sentencing - Appeal - Whether Court of Appeal, after quashing convictions on some counts, may re-sentence on remainder - Crimes Act 1958 (No. 6231) ss. 422(1) 569(1).

Negligence - Duty of care - Statutory authority - Proximity - Assumption of responsibility - Reliance - Failure by statutory authority to exercise discretionary powers - Statutes - Interpretation - Transfer of liabilities from one statutory authority to another - Meaning of "liabilities" - Whether includes inchoate causes of action - Stevedoring Industry Act 1949 (Cth) s. 13(a) - Stevedoring Industry Act 1956 (Cth) ss. 8 17 18 21 22 23 28 29 33 36 - Stevedoring Industry Acts (Termination) Act 1977 (Cth) s. 14.

Criminal law - Burglary - Theft - Double jeopardy - Burglary and theft forming part of single criminal enterprise - Whether constituting single criminal act - Whether accused may be convicted of both crimes - Handling stolen goods - Verdict - Inconsistent verdicts - Goods handled "otherwise than in the course of stealing" - Whether prosecution must prove accused not the thief - Crimes Act 1958 (No. 6231) s. 88(1).

Limitation of actions - Debt - Simple contract - Mortgage - Action for recovery of loan - Loan agreement containing agreement by borrower to provide mortgage security - No mortgage executed - Whether action for simple contract debt or for recovery of money secured by a mortgage - Limitation of Actions Act 1958 (No. 6295) ss. 5(1)(a) 20(1).

Associations and clubs - Unincorporated association - Essential characteristics - Real property - Land held by trustees for fluctuating group of individuals - Later establishment of unincorporated association - Whether land held on behalf of unincorporated association - Incorporation of association - Vesting of property in incorporated association - Associations Incorporation Act 1981 (No. 9713) ss. 3 8 9 - Transfer of Land Act 1958 (No. 6399) s. 59.

Defamation - Libel - Justification - Practice and procedure - Pleading - Imputations - Particulars - Polly Peck plea - Plaintiff pleading multiple imputations - Defendant failing to relate particulars of justification to particular imputations alleged by plaintiff - Particular involving incident 15 years earlier - Too distant in time - Defendant alleging imputation that plaintiff was "psychologically unstable" - Too wide and uncertain - Whether tribunal of fact confined to imputations pleaded by parties - Whether Polly Peck plea available in Victoria.

Juries - Criminal cases - Empanelment of juries - Requirement that names of jurors on panel be called aloud in open court - Juries Act 1967 (No. 7651) ss. 31 32 33 34 - Melbourne Supreme Court and County Court Criminal and Civil Jury Pool Rules 1991 rr. 9(4) 9(6) 10(1) 11(1).

Criminal law - Sentencing - Suspended sentence - Order conditional on treatment for drug and alcohol abuse - Commission of further offences - Whether sentence should be restored in whole or part - Sentencing Act 1991 (No. 49) ss. 28, 31.