Landlord and tenant - Retail tenancies - Arbitration - Jurisdiction - Meaning of "retail premises" - Meaning of "floor area" - Functional or structural approach - Motel - Retail Tenancies Act 1986 (No. 106) s. 3.

Estoppel - Res judicata - Anshun estoppel - Scope of principle - Whether unreasonable not to have raised cause of action in earlier proceeding - Relevant factors - Whether cause of action could have been raised in earlier proceeding - Whether same facts arise in earlier and later proceedings - Possibility of conflicting judgments or orders.

Judgments, orders and declarations - Interest - On judgment sum repayable following successful appeal - Rate - Simple or compound - Supreme Court Act 1986 (No. 110) ss. 58 60 101 - Penalty Interest Rates Act 1983 (No. 9967) s. 2.

Customs and excise - Customs - Imports - Payment of duty - Goods entered as duty-free - Later determination that duty payable - Failure of importer to pay duty under protest - Recovery action for duty - Whether importer entitled to dispute liability to duty - Customs Act 1901 (Cth) ss. 7 71B 71F 71G 71J 165 167 273GA.

Criminal law - Accessory - After the fact - Evidence - Admissibility - Admissions by principal offender - Conviction of principal offender - Whether admissible against accessory - Crimes Act 1958 (No. 6231) s. 325.

Criminal law - Conspiracy - Evidence - Inference - Failure of prosecution to exclude hypothesis consistent with innocence - Failure of accused to give evidence - Sentencing - Non-parole period - Appeal - Adjustment of non-parole period relating in part to convictions not subject to appeal.

Criminal law - Sentencing - Re-trial - Relevance of sentence imposed at previous trial - Multiple counts - Whether disclosure required of total effective sentence or individual sentences previously imposed - Guilty plea to representative charges at second trial - Whether same factual basis as sentencing at first trial - Whether sentence manifestly excessive.

Practice and procedure - Costs - Offer of compromise - Appeal - Slip rule - Plaintiff's offer to compromise claim pursuant to r. 26.11 - Judgment at first instance for defendant - Judgment for plaintiff on appeal more favourable than offer - Final order for costs by Court of Appeal without knowledge of offer - Whether order may be corrected under slip rule - Whether r. 26.11 gives entitlement to solicitor-client costs - Whether r. 26.11 applicable to costs of appeal - Scope of slip rule - Supreme Court Rules Ch. I rr. 26.11, 36.07.

Criminal law - Evidence - Circumstantial evidence - "Additional facts" - Standard of proof - Whether some additional facts must be proved beyond reasonable doubt - Identification evidence - Identification of objects - Whether warning to jury required - Witness - Whether tainted - Whether warning to jury required - Lies of accused - Whether Edwards warning required - Charge to jury - Whether unbalanced - Failure to direct on expert evidence - Failure to direct that jury not bound by judge's comments on the facts - Aggregation of defects amounting to miscarriage of justice.

Criminal law - Sentencing - Intoxication - Whether mitigating or aggravating factor - Plea of guilty - Proportionality - Suspended sentence - Whether proportionality relevant to suspension of sentence - Sentencing judge's report to Court of Appeal - Contents of report - Use that may be made of report - - Sentencing Act 1991 (No. 49) s. 27.

Stamp duty - Landlord and tenant - Lease - Licence - Whether so-called licence agreement created a tenancy - Whether conferred exclusive possession - Whether dutiable as a lease - Contract - Construction - Stamps Act 1958 (No. 6375) Third Schedule Heading VIII.

Practice and procedure - Costs - Security for costs - Plaintiff an impecunious company - Offer by directors and shareholders to make themselves personally liable for costs - Directors and shareholders also impecunious - Bona fides of plaintiff's claim - Whether order for security would stultify claim - Whether plaintiff's impecuniosity caused by defendant - Corporations Law s. 1335(1).

Administrative law - Judicial review - Certiorari - Jurisdictional error - Error of law on the face of the record - What constitutes the record - Liquor and licensing law - Liquor Licensing Commission - Licence - Application - Notice of application - Irregularities in notice - Notice of objection - Statutory time limit for notice of objection - Refusal to hear late objector - Primary purpose of the business - Relevance of gambling - Community interest - Adverse effects of gambling on community - Liquor Control Act 1987 (No. 97) ss. 28(1) 48(2)(a) 48(4) 72 74 105 - Administrative Law Act 1978 (No. 9234) s. 10.

Criminal law - Sexual offences - Complaint - Delay in making complaint - Longman warning - Defence counsel requested no Longman warning - Whether a miscarriage of justice - Evidence - Corroboration - Admissions of improper relationship - Whether corroborative or confirmatory of allegations of sexual penetration - Whether propensity warning required - Evidence of accused's good character - Directions to jury - Questions in record of interview on complainant's motive to lie - Time bar against prosecution - Verdicts - Whether unsafe or unsatisfactory - Sentencing - Indecent assault - Whether sentence manifestly excessive - Crimes Act 1958 (No. 6231) s. 48.

Criminal law - Sentencing - Circumstances of aggravation - Circumstances of offence - Murder - Defilement of corpse - Whether an aggravating circumstance - Appeal - Crown appeal.

Criminal law - Insanity - Mental impairment - Custodial supervision order - Replacement of system of detention at Governor's pleasure - Transitional provisions - Deemed custodial supervision order - Application to revoke deemed custodial supervision order - Alternative application to vary order - Appeal - Same rights of appeal as against sentence - Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (No. 65) ss. 26(5) 31 32 33 34 Sch. 3 - Crimes Act 1958 (No. 6231) s. 567.

Criminal law - Police - Australian Federal Police officer - Whether "investigating official" under Crimes Act 1958, subdiv. (30A) - Evidence - Admissibility - Whether accused taken before bail justice within reasonable time - Record of interview - Failure to advise suspect of rights before questioning - Failure to tape-record all questioning - Sentencing - Conspiracy to make false documents - Conspiracy to use false documents - Whether offender sentenced twice for same conduct - Whether sentence manifestly excessive - Totality - Previous sentence in another State - Parity - Procedure - Joint trial - Evidence - Admission of evidence at joint trial not otherwise admissible against an accused - Crimes Act 1958 (No. 6231) ss. 458 464 464A 464C(1) 464H(1) - Australian Federal Police Act 1979 (Cth) s. 9(1).

Administrative law - Order to review - Time for applying for order nisi - Time for requesting reasons for decision - Whether statutory provisions mandatory - Application made outside statutory time limit - Failure of tribunal to give reasons - Limitation of actions - Equitable tolling - Administrative Law Act 1978 (No. 9234) ss. 3 4(1) 8.

Banks and banking - Cheque - Undated - Authority to fill up cheque - Statutory presumption that person in possession of cheque has authority - Whether presumption displaced - Whether cheque filled up within a reasonable time - Holder in due course - Whether person coming into possession of cheque has title to sue on it - Cheques Act 1986 (Cth) ss. 18 49.

Appeal - Appeal from Magistrates' Court - Question of law - New point not argued below - Not raised in questions for appeal - Magistrates' Court Act 1989 (No. 51) s. 109.

Contract - Construction - Implied term - Best endeavours - Sale of land - Subdivision - Sale conditional on registration of plan of subdivision by agreed date - Express term requiring vendor to use best endeavours to procure registration of plan by agreed date - Whether implied term requiring vendor to procure registration after agreed date - Rescission - Whether vendor entitled to rescind if in breach of implied term.

Practice and procedure - Pleadings - Statement of claim - Amendment - Late - Amendment at judge's suggestion in final addresses - Whether leave to amend granted within power under Rules - Whether discretion miscarried - Supreme Court Rules Ch. I r. 36.01(1).

Appeal - Leave to appeal - Costs - Appeal against costs order below - Whether leave required - Legal practitioners - Solicitors - Order for costs against solicitors because of negligence - Meaning of "negligence" - Supreme Court Act 1986 (No. 110) s. 17A(1)(b) - Supreme Court Rules Ch. I r. 63.23.

Criminal law - Evidence - Propensity evidence - Sexual offences - Admissibility test - Rational view of prosecution case consistent with innocence - Whether prejudicial effect outweighs probative value - Directions on use of propensity evidence - Prior inconsistent statements of complainant - Burglary - Entry into building or part of a building - Jury question - Crimes Act 1958 (No. 6231) s. 76.

Practice and procedure - County Court - Appeal - Stay of proceedings on making deposit or giving security - Whether Court of Appeal has power to order payment out of any part of deposit - County Court Act 1958 (No. 6239) s. 74 - Supreme Court Rules Ch. I r. 64.22.

Administrative law - Natural justice - Bias - Reasonable apprehension of bias - Administrative Appeals Tribunal - Directions hearing in absence of respondents - Appeal - Question of law - Whether reasonable apprehension of bias a question of law - Town and country planning - Planning permit - Endorsed plans - Construction of plans - Whether permit conditional on keeping walkway open - Administrative Appeals Tribunal Act 1984 (No. 10155) s. 52 - Planning and Environment Act 1987 (No. 45) s. 149A - Planning Appeals Act 1980 (No. 9512) s. 30A.

Criminal law - Evidence - Propensity evidence - Similar fact evidence - Identification evidence - Admissibility - Whether just to admit - Prejudicial effect - Probative value - Balancing exercise - Whether evidence reveals "striking similarity" with offence charged - Crimes Act 1958 (No. 6231) s. 398A.

Criminal law - Sexual offences - Multiple offences - Uncharged acts - Evidence - Separate consideration warning - Standard of proof of uncharged acts.

Administrative law - Administrative Appeals Tribunal - Costs - Accident compensation - Transport accident - Transport Accident Commission - Application to review decision of commission - Application unsuccessful - Whether commission entitled to costs - Application withdrawn - Whether applicant entitled to costs - Appeal - Appeal against tribunal decisions as to costs - Administrative Appeals Tribunal Act 1984 (No. 10155) ss. 50 52 - Transport Accident Act 1986 (No. 111) s. 79(2).

Accident compensation - Workers compensation - Weekly payments - Recovery from injury within 12 months of commencement of weekly payments - Statutory requirement that employer re-employ worker - Tort - Breach of statutory duty - Whether employer liable to worker for failing to re-employ - Whether obligation to re-employ only arises when employer aware of worker's recovery within the 12 month period - Accident Compensation Act 1985 (No. 10191) s. 122.

Real property - Equitable interests - Priorities - First in time - Notice - Later equitable interest created by mortgage in registrable form - Whether a "better equity" than earlier charge not in registrable form - Holder of later equitable interest taking with notice of earlier equitable interest - Whether notice fatal to priority of later interest.

Mortgages - Sale of land - Contract of sale - Charge over land - Charge securing amounts due and payable to vendor pursuant to contract - Default by purchaser under contract - Negotiable instruments - Promissory note - Promissory note taken for deposit due under contract - Whether taken as conditional payment or in absolute satisfaction of deposit - Judgment given on promissory note - Whether charge secured deposit - Rescission of contract - Damages for vendor's loss on resale of land - Whether secured by charge - Vendor's enforcement costs - Whether secured by charge - Transfer of Land Act 1958 (No. 6399) Table A cl. 6(3)(b)(ii).

Practice and procedure - Joinder of parties - Defendant's application to join third party as additional defendant - Building contracts - Statutory abolition of joint and several liability among defendants in building cases - Whether proposed joinder "just and convenient" - Prejudice to plaintiff - Discretion - Whether statutory abolition of joint and several liability extends to third parties - Whether third party a "defendant" within meaning of statute - Supreme Court Rules Ch. I r. 9.06(b)(ii) - Building Act 1993 (No. 126) ss. 131 132 133.

Insurance - Fire - Buildings - Damages - Assessment - Indemnity for value of property at time of fire - Property compulsorily acquired after fire - Whether subsequent acquisition relevant to assessment of loss - Prospect of acquisition - Whether relevant to assessment if made before acquisition.

Criminal law - Murder - Reckless murder - Mental intent - Russian roulette - Intoxication - Failure by trial judge to direct jury on intoxication.

Criminal law - Evidence - Corroboration - Accomplice evidence - Accomplice warning - Hostile witness - Rule in Browne v Dunn (1893) 6 R. 67 - Murder - Provocation - Cause of death - Substantial miscarriage of justice - Crimes Act 1958 (No. 6231) s. 568(1).

Courts and judges - Bias - Pecuniary interest - Judge's shareholding in a party - Whether disqualification automatic - Whether judge has a pecuniary interest in outcome of litigation - Factors relevant to whether judge has a pecuniary interest in outcome of litigation - Whether value of shareholding or dividends affected by outcome of litigation - Whether necessity or special circumstances require judge to continue - Whether "automatic disqualification rule" replaced by "reasonable apprehension of lack of impartiality" test.

Banks and banking - Foreign currency loan - Negligence - Duty of care - Unconscionability.

Criminal law - Evidence - Admissibility - Foreign evidence - Evidence taken from witnesses overseas and unavailable to attend trial - No cross-examination on behalf of accused - Constitutional law - Commonwealth Constitution - External affairs power - Power of Commonwealth to legislate for State courts - Commonwealth law making foreign evidence admissible in State courts - Whether constitutional - Foreign Evidence Act 1994 (Cth) ss. 20(2) 25 - Commonwealth Constitution ss. 51(xxix) 77.

Criminal law - Joinder of counts - Severance - Appeal - Failure to apply for severance at trial - Common factual origin of counts - Complexity of issues - Crimes Act 1958 (No. 6231) ss. 371 372(2) Sixth Schedule r. 2.

Criminal law - Procedure - Prosecution duty of disclosure - Criminal record of principal prosecution witness - Unknown to defence - Whether miscarriage of justice.

Motor vehicles - Criminal law - Road safety - Breath test and blood alcohol - Blood alcohol content exceeding 0.05% - Elements of offences - Sample of breath furnished under statute - Whether police officer must formally require accused to furnish sample, accompany him to police station and remain there - Meaning of "under" - Road Safety Act 1986 (No. 127) ss. 49(1)(b) 49(1)(f) 55(1).

Criminal law - Sentencing - Intensive correction order - Breach of term - Offender required to serve unexpired portion of sentence in absence of "exceptional circumstances" - Performance of community work pursuant to order - Whether "exceptional circumstances" - Sentencing Act 1991 (No. 49) s. 26(1) 26(3A) 26(3B) 26(4).

Judgments, orders and declarations - Suppression order - Magistrates' Court - Orders suppressing names of defendant and complainant - Whether necessary to ensure administration of justice not prejudiced - Whether complainant requires guarantee of anonymity - Derogation from open administration of justice - Embarrassment not a relevant factor - Importance of names of parties - Magistrates' Court Act 1989 (No. 51) s. 126.

Practice and procedure - Service - Service on foreign company - Whether foreign company has a presence in Australia - Service out of jurisdiction - Whether contract made by or through an agent carrying on business within Victoria - Whether tort committed in Victoria - Whether damage suffered in Victoria - Statutory wrong of misleading or deceptive conduct - Breach of companies legislation protections for investors - Whether statutory wrongs are "torts" under the service of process rules - Dismissal or stay of proceeding - Contractual submission to exclusive jurisdiction of foreign court - Forum non conveniens - Voth test of clearly inappropriate forum - Proceedings pending in foreign court - Supreme Court Rules Ch. I rr. 6.04 6.10 7.01 7.02 7.04 7.05 7.07 - Companies Act 1961 (No. 6839) ss. 76 81 - Companies (Victoria) Code ss. 5 170 - Trade Practices Act 1974 (Cth) s. 52 - Fair Trading Act 1985 (No. 10201) s. 11.

Criminal law - Joinder of counts - Sexual offences - Several complainants - Separate trials - Discretion to order separate trials - Warning to jury regarding evidence of uncharged acts - Application to discharge jury - Sentence - Whether manifestly excessive - Crimes Act 1958 (No. 6231) ss. 45 47A 321M 372.

Criminal law - Murder - Provocation - Subjective test - Objective test - Relevance of personal characteristics to "objective" test.

Negligence - Highways, streets and roads - Occupier's liability - Nonfeasance - Liability of local council - Proof of misfeasance required - Wrongs Act 1958 (No. 6420) Pt IIA.