Evidence - Rule in Browne v Dunn (1893) 6 R. 67 - Juries - Civil cases - Discrepancy between defendant's answers in cross-examination and case put to plaintiff - Whether breach of the rule in Browne v Dunn - Whether a jury question - Nature of sanction invoked for alleged breach of rule - Order or direction from judge - Attack on witness's credit.

Arbitration and awards - Building contract - Staying proceedings - Clause providing for arbitration or litigation - Whether an "arbitration agreement" - Election by one party of litigation - Whether arbitration agreement brought to an end - Discretion to order stay of proceedings - Whether predisposition in favour of arbitration - Commercial Arbitration Act 1984 (No. 10167) ss. 4 53(1).

Practice and procedure - Discovery - Motor vehicles - Breath test and blood alcohol - Order by magistrate for pre-trial delivery of breath analysing equipment to defendant's solicitor - Order quashed by Supreme Court on judicial review - Appeal - Leave to appeal - Whether order quashing discovery order was interlocutory or final - Whether decision attended by sufficient doubt - Substantial injustice to appellant - Supreme Court Act 1986 (No. 110) s. 17A(1)(b) 17A(4) - Road Safety Act 1986 (No. 127) s. 49(1)(b) 49(1)(f).

Criminal law - Sentencing - Pre-sentence detention - Offender remanded in custody while serving sentence for other offences - Whether pre-sentence detention includes period serving sentence for other offences - Sentencing Act 1991 (No. 49) ss. 18 35.

Legal practitioners - Admission - Oath of allegiance to the Queen - Application to be excused from taking oath - Applicant a republican - Appeal - Leave to appeal - Appeal from interlocutory order - Supreme Court Rules Ch. II rr. 14.05 14.06 - Legal Practice Act 1996 (No. 35) s. 6(1)(c) - Supreme Court Act 1986 (No. 110) s. 17A(4)(b).

Appeal - Competence - Victorian Civil and Administrative Tribunal - Appeal to Trial Division of Supreme Court with leave - Leave refused by Trial Division - Whether right of appeal exists to Court of Appeal from refusal of leave by Trial Division - Victorian Civil and Administrative Tribunal Act 1998 (No. 53) s. 148(1) - Supreme Court Act 1986 (No. 110) s. 17(2).

Defamation - Damages - General damages - Corporation - Reputation of trading corporation - No claim for special damages - Practice and procedure - Discovery - Financial documents - Whether relevant to corporation's reputation - Sales records - Whether sufficiently probative - County Court Rules Ch. I rr. 29.08 34A.17.

Accident compensation - Transport accident - Criminal injuries compensation - Criminal law - Sentencing - Power of sentencing court to order compensation for victim - Whether precluded in transport accidents - Sentencing Act 1991 (No. 49) s. 86 - Transport Accident Act 1986 (No. 111) ss. 27 37 93 94.

Real property - Restrictive covenant - Extinguishment - Town and country planning - Statutory power to remove restrictive covenant by planning scheme amendment - No requirement to consider interests of beneficiaries of covenant - Statutes - Interpretation - Generalia specialibus non derogant - Meaning of "provide for" - Planning and Environment Act 1987 (No. 45) ss. 6(2)(g) 6A 60 Pt 9A - Subdivision Act 1988 (No. 53) s. 23 - Property Law Act 1958 (No. 6344) s. 84.

Practice and procedure - Appeal - Abandonment - Appellant late in filing and serving appeal books - Application to re-instate appeal - Whether appeal devoid of merit - Futility of order sought - Appeal from decision of magistrate not to commit person for trial - Supreme Court Rules Ch. I r. 64.12.

Criminal law - Drug offences - Trafficking - Possession - Exclusivity - Whether prosecution must exclude possibility of possession by others - Directions to jury - Evidence - Lies by accused - Consciousness of guilt - Drugs, Poisons and Controlled Substances Act 1981 (No. 9719) ss. 70(1) 71(1)(b) 73(2).

Criminal law - Sexual offences - Complaint - Delay in making complaint - Complaint made after pressure from complainant's father - Direction to jury - Longman warning - Complainant's motive to lie - Cross-examination of accused - Verdict - Whether unsafe or unsatisfactory - Crimes Act 1958 (No. 6231) s. 61(1)(b) 61(2).

Criminal law - Appeal - Crown appeal against sentence - Procedure - Notice of appeal - Application for leave to extend time to give notice - Registrar of Court of Appeal - Whether registrar may grant leave to extend time - Crimes Act 1958 (No. 6231) ss. 567A 572 582 582A.

Accident compensation - Workers' compensation - "Serious injury" - Aggravation of pre-existing condition - Proceeding commenced after 30 June 1994 - Case confined to injury suffered after 1 December 1992 - Aggravation by a single incident - No accumulation of repetitive injuries - Accident Compensation Act 1985 (No. 10191) ss. 5 135A(2)(a) 135A(2)(b) 135B(2) 135B(4).

Statutes - Interpretation - Administrative law - Compulsory acquisition of property - Licence - Fishing licence - Cancellation of licence by statute - Compensation payable to licensee under statute - Determined by ministers - Whether limited to value of licence - Whether compensation payable for consequential losses - Procedural fairness in making of determination - - Fisheries Act 1968 (No. 7780) s. 14 - Fisheries Act 1995 (No. 92) ss. 61 153A 153B.

Practice and procedure - Written submissions - Made after conclusion of oral argument without invitation or leave of court.

Criminal law - Evidence - Propensity evidence - Drug offences - Trafficking in heroin - Heroin press found on accused's premises at time of arrest - Heroin press found on accused's premises 12 months later - Denial of knowledge of heroin presses by accused - Admissibility of evidence of later search - Directions to jury - Whether propensity warning required - Lies by accused - Edwards warning - Possession - Direction to jury on possession - Sentencing - Serious drug offender - Whether sentence manifestly excessive - Crimes Act 1958 (No. 6231) s. 398A(2) - Drugs, Poisons and Controlled Substances Act 1981 (No. 9719) ss. 5 70 71 - Sentencing Act 1991 (No. 49) ss. 6B 6D(a).

Bankruptcy and insolvency - Companies - Winding up - Preferential claim - Unfair preference - Voidable transaction - Prepayment into trust account - Prepayment on account of professional fees yet to be incurred - Application of decisions based on earlier legislation - Corporations Law s. 588FA.

Trust and trustees - Vesting order - Land under Transfer of Land Act 1958 - Holder of beneficial interest unable to obtain transfer - Registered proprietor deceased - Personal representative unable to be located - Transfer of Land Act 1958 (No. 6399) s. 58 - Trustee Act 1958 (No. 6401) ss. 51(2)(o) 52 58.

Courts and judges - Magistrates' Court - Criminal law - Procedure - Committal proceeding - Hand-up brief - Charge-sheet - Witness statements - Included in hand-up brief but not read in court - Whether media entitled to access - Open court - Magistrates' Court Act 1989 (No. 51) ss. 16A 18 25 56 125(1) Sch. 5 - Magistrates' Court Practice Direction 41/98.

Companies - Company limited by guarantee - Members - Register of members - Statutory right of access to copy of register - Whether applicable to company limited by guarantee - Register sought to canvass votes for election - Whether inspection sought for a prohibited purpose - Discretion to order inspection - Corporations Law ss. 173(3) 177(1) 1303.

Limitation of actions - Debt - Acknowledgment - Part payment - Claim by solicitors for agency fees - Part payment out of funds paid into principal's trust account - Limitation of Actions Act 1958 (No. 6295) ss. 24 25 26(6).

Criminal law - Sentencing - Youth training centre order - Pre-sentence report - Report prepared by Secretary to Department of Human Services - Administrative law - Delegation - Whether the report must be written by the secretary or an express delegate - Principle that sentencing judge not have regard to possibility or likelihood of executive action affecting time in custody - Whether infringed by consideration of actions of Youth Parole Board - Appeal - Fresh evidence - Sentence - Whether manifestly excessive - Sentencing Act 1991 (No. 49) ss. 5(2AA) 96.

Criminal law - Sexual offences - Evidence - Uncharged acts - Directions to jury - Proof of uncharged acts - Purpose for which uncharged acts may be used - Complaint - Lack of timely complaint - Conduct of legal practitioners - Incompetence of counsel - Verdict - Whether unsafe or unsatisfactory.

Negligence - Highways, streets and roads - Nonfeasance - Misfeasance - Liability of local council.

Accident compensation - Transport accident - Benefits - Loss of earning capacity - Statutory indemnity in favour of Transport Accident Commission against wrongdoer - Amendment extending indemnity - Whether applicable to payments made in respect of accident occurring before amendment - Statutes - Interpretation - Amendment - Whether retrospective - Transport Accident Act 1986 (No. 111) ss. 49 104 - Transport Accident (General Amendment) Act 1994 (No. 84) s. 11 - Interpretation of Legislation Act 1984 (No. 10096) s. 14(2)(e).

Criminal law - Procedure - Legal aid - Application for order that aid be provided - Whether applicant must establish a triable issue - Circumstances in which a trial would be unfair without legal representation - Statutes - Validity - Constitutional law - Crimes Act 1958 (No. 6231) s. 360A.

Administrative law - Freedom of information - Exempt document - Exemption based on secrecy provision in another statute - Public interest override - Whether applicable - Meaning of "requires" - Freedom of Information Act 1982 (No. 9859) ss. 3 20 30 38 50(4) 55 - Casino Control Act 1991 (No. 47) s. 151.

Appeal - Appeal from Victorian Civil and Administrative Tribunal - Leave to appeal - Guidelines for granting of leave - Victorian Civil and Administrative Tribunal Act 1998 (No. 53) s. 148(1).

Criminal law - Culpable driving causing death - Meaning of "gross negligence" - Direction to jury - Appeal - Procedure - Late application to add new ground of appeal - Prospects of success of proposed new ground - Lateness of application - Failure to take exception at trial - Whether application to amend opposed - Sentencing - Young first offender - Youth training centre.

Criminal law - Evidence - Propensity evidence - Similar fact evidence - Murder - Intentionally causing serious injury - Whether evidence on one count admissible on other count - Procedure - Joinder of counts - Separate trials - Separate consideration warning - Crimes Act 1958 (No. 6231) ss. 372(3) 398A 568(1) Sch. 6 r. 2.

Real property - Torrens system - Mortgage - Registration - Indefeasibility of title - Fraud - Forgery of mortgagor's signature - False attestation of mortgagor's signature by employee of mortgagee's agent - Transfer of Land Act 1958 (No. 6399) s. 42.

Legal practitioners - Solicitors - Conflict of interest - Application to restrain solicitors from acting in litigation against former client - Duty of loyalty - Public policy - No disclosure of confidential information - Courts and judges - Jurisdiction.

Accident compensation - Workers' compensation - Authorised insurer - Medical panel - Reference of medical question to medical panel - Panel's opinion conclusive - Power of authorised insurer to make referral - Statutes - Interpretation - Accident Compensation Act 1985 (No. 10191) ss. 67 68 93CD(4)(b) 104B(9).

Defamation - Slander - Appeal - Findings of fact - Defences - Qualified privilege - Malice - Inferences from extraneous conduct - Damages - Corporate plaintiff - Whether proof of special damage required.

Criminal law - Juries - Majority verdict - Six hours of deliberation - Whether breaks included in deliberation - Meaning of "deliberation" - Jury question about majority verdicts - Judge's answer that he could take majority verdict - Whether judge "invited" a majority verdict - Juries Act 1967 (No. 7651) s. 47.

Town and country planning - Planning permit - Validity - Misdescription of land - Development of council-owned land - Whether permit from minister required - Statutory notification of sale of council-owned land - Misdescription of land - Whether statute complied with - Practice and procedure - Standing - Commercial rival objecting to permit - Whether objector has standing to challenge validity of permit - Order for review - Whether council a "tribunal" - Decision by council not to consider objection to grant of permit by commercial rival - Whether council obliged to accord natural justice to objector - Courts and judges - Supreme Court - Jurisdiction - Victorian Civil and Administrative Tribunal - Ouster of court's jurisdiction in matters within the tribunal's review jurisdiction - Exemption from ouster in "special circumstances" - Planning and Environment Act 1987 (No. 45) ss. 6 52 57(2A) 57(2B) 61 63 64 96 149B(1) - Planning and Environment Regulations 1998 (No. 8) regs 16 19 24 - Victorian Civil and Administrative Appeals Tribunal Act 1998 (No. 52) ss. 3 41 42 52 - Local Government Act 1989 (No. 11) s. 189 - Administrative Law Act (No. 9234) ss. 2 3 7.

Practice and procedure - Service - Service out of jurisdiction - Leave - Third party notice - Leave required for service in respect of some but not all claims - Discretion - Strong arguable claim - Justice of case - Issues common to principal proceeding and third party proceeding - Supreme Court Rules Ch. I rr. 7.01(1) 7.07(2) 7.07(3).

Wills and codicils - Validity - Informal will - Not signed in the presence of two attesting witnesses - Whether deceased intended the document to constitute his will - Extrinsic evidence - Whether letters of administration with the will annexed could be granted - Meaning of "admit to probate" - Wills Act 1997 (No. 88) s. 9 - Wills Act 1958 (No. 6416) s. 7 - Administration and Probate Act 1958 (No. 6191) s. 25.

Will and codicils - Holograph - Construction - Gift - Whether life interest or absolute interest.

Wills and codicils - Holograph - Construction - Gift of "life tenancy" on "condition" that donee leave property to nominated beneficiaries - Whether gift of life interest or absolute interest.

Contract - Privity - Trust of a promise - Promise benefiting third party - Promisee obtaining benefit from promise - Repudiation by promisor - Acceptance of repudiation by promisee - Collateral agreement - Specific performance.

Criminal law - Sexual offences - Evidence - Child complainant - Evidence-in-chief given by video recording - Inability to test complainant's version of events by cross-examination - Expert evidence on reliability of complainant's evidence - Whether warning to jury required about convicting on complainant's evidence alone - Verdicts - Whether unsafe or unsatisfactory - Appeal - Practice and procedure - Late application to amend notice of appeal - Evidence Act 1958 (No. 6246) ss. 23 37B 37C.

Criminal law - Sexual offences - Incest - Evidence - Complainant's motive to lie - Cross-examination of complainant on motive to lie - No cross-examination of accused on complainant's motive to lie - Lengthy address by prosecutor rebutting alleged motives to lie - Complainant's evidence uncorroborated - Whether warning required in accordance with Palmer v R. (1998) 193 C.L.R. 1 - Uncharged acts - Evidence of sexual relationship - Whether evidence may be used to bolster complainant's credibility - Multiple counts - Propensity warning - Confined to uncharged acts - Not related to charged acts - Whether misdirection.

Criminal law - Procedure - Appeal - Magistrates' Court - Jurisdiction - Sentence imposed by Magistrates' Court - Appeal to County Court - Appeal abandoned after hearing commenced - Whether Magistrates' Court functus officio - Magistrates' Court Act 1989 (No. 51) ss. 83 84 86 Sch. 6 cl. 6 - Sentencing Act 1991 (No. 49) s. 18.

Judgments, orders and declarations - Appeal - Judgment - Order for damages to be assessed - Whether final or interlocutory - Whether damages confined to causes of action then pleaded - Practice and procedure - Pleading - Amendment - Leave to plaintiff to add causes of action on assessment of damages.

Damages - Exemplary - Award by judge alone.

Torts - Trespass - Action on the case - Land - Recovery of possession pursuant to judgment.

Companies - Winding up - Preferential claim - Equitable charge - Floating charge - Crystallisation of charge - Payments out of fund subject to fixed charge - Chargee took no steps to recover payments - Whether disadvantage to general body of unsecured creditors - Whether fund from which payments made subject to a trust - Companies (Victoria) Code s. 451 - Bankruptcy Act 1966 (Cth) s. 122.

Criminal law - Sexual offences - Evidence - Similar fact evidence - Prospensity evidence - Uncharged acts - Whether evidence of uncharged acts admissible - Directions to jury on uncharged acts - Material in accused's record of interview excluded from prosecution case - Whether cross-examination of the accused on the excluded material permissible - Longman warning - Verdict - Whether unsafe or unsatisfactory.

Negligence - Nervous shock - Duty of care - Foreseeability - Proximity - Plaintiff exposed to terminal illness by drug treatment - Plaintiff suffering psychiatric reaction - Whether manufacturer and distributor of drug owed plaintiff a duty of care in respect of nervous shock.

Trust and trustees - Trust - Trust deed - Deed poll - Construction - Extrinsic materials - Drafting history - Commercial expectations - Estoppel - Representation - Discretionary trust - Trustee - Exercise of discretion - Whether reviewable by court.

Contempt of court - Threat to witness - Intention of obstructing the course of justice - Objective act likely to interfere with the course of justice - Intention of influencing witness to change evidence.

Wills and codicils - Construction - Gift over of residuary estate - Identification of class of beneficiaries - Testator's next of kin - Unstated contingency or hypothesis of testator's death at date of distribution.

Contract - Sale of goods - Terms - Incorporation - Ascertainment - Title to goods - Reservation of title clause.

Local government - Highways, streets and roads - Public highway - Whether land a public highway - Statute vesting public highway in council - Real property - Torrens system - Indefeasibility - Statutes - Interpretation - Inconsistency - Later provision prevails - Transfer of Land Act 1958 (No. 6399) s. 42 - Planning and Environment Act 1987 (No. 45) s. 149B - Local Government Act 1989 (No. 11) ss. 187 203 204 207D(1).

Criminal law - Evidence - Expert - DNA evidence - Statistics - Expert unable to explain statistical theory - Whether evidence admissible.

Estoppel - Proprietary estoppel - Contract - Promise to leave interest in property by will - Condition of payment of reasonable sum to third party - Contractual uncertainty - Whether equity can arise despite contractual uncertainty - Detriment - Reliance - Relief - Constructive trust.

Costs - Non-party - Appeal - Application for costs against non-party - Made after decision on appeal given - Practice and procedure - Evidence - Whether applicant for non-party costs can rely on evidence and findings in the litigation - Supreme Court Act 1986 (No. 110) s. 24.

Administration and probate - Executor - Removal - Mental incompetence - Administration and Probate Act 1958 (No. 6191) s. 34.

Legal aid - Victoria Legal Aid - Order to provide legal aid to an accused person - Accused unable to afford private representation through own fault - Whether relevant to question of fair trial - Conditions of order - Whether court may order representation by a particular counsel or solicitor - Crimes Act 1958 (No. 6231) s. 360A.

Estoppel - Issue estoppel - Costs - Costs order in earlier proceeding - Findings made in support of costs order - Whether giving rise to estoppels in later proceeding - Tort - Malicious prosecution - Collateral abuse of process.

Testator's family maintenance - Application - Moral claim - Children - Adult son - Adult daughter - Married daughter - Grandson - Bankruptcy of applicant - Administration and Probate Act 1958 (No. 6191) Pt IV.

Factories, shops and industrial safety - Employer's obligation to provide a safe workplace - Criminal law - Procedure - Presentment - Whether bad for alleging multiple offences - Particulars - Whether bad for failing to provide "objective source" of alleged obligation - Australian Standard for Conveyors - Elements of offence - Practicability - Objective test - Inadvertence by employee - Relevance of common law test of negligence by employer - Occupational Health and Safety Act 1985 (No. 10190) ss. 4 21 47.

Practice and procedure - Special referee - Report - Adoption by court - Reference to referee for decision or opinion - Principles applicable to adoption of special referee's report - Whether any distinction between reference for decision and reference for opinion - Supreme Court Rules Ch. I, O. 50 - Supreme Court Act 1986 (No. 110) s. 25(1).

Practice and procedure - Want of prosecution - Delay - Whether inexcusable and inordinate - Plaintiff's repeated inability to produce a proper pleading - Action commenced late in limitation period - Delay of 22 months in hearing an interlocutory appeal - Failure to seek a speedy hearing - Prejudice to defendant - Inferences from circumstances - Likely delay of 13-14 years between relevant events and anticipated trial - Time at which prejudice is assessed - Allowance for unavoidable prejudice - Inability to conduct a proper defence - Serious allegations against defendant's probity and professional competence - Impact of delay on defendant's professional reputation - Supreme Court Rules Ch. I r. 23.02.

Real property - Torrens system - Mortgage - Registration - Indefeasibility of title - Fraud - Forgery of mortgage - No fraud by or on behalf of mortgagee - Husband and wife as joint mortgagors - Husband forged wife's signature - Agency and agents - Estoppel - Acquiescence - Representation - Whether wife estopped from denying husband's authority to execute mortgage - Statutory indemnity for loss of interest in land - Whether loss caused by claimant's neglect - Transfer of Land Act 1958 (No. 6399) ss. 42 43 44 110.

Negligence - Legal practitioner - Solicitor - Mortgage - Solicitor acting for joint mortgagors - Failure by solicitor to confirm instructions from one mortgagor - Failure by solicitor to ensure due execution of mortgage - Negligent misstatement - Representations by mortgagors' solicitor of authority to act for both mortgagors and of due execution of mortgage - Duty of care to mortgagee - Solicitor purporting to act for joint mortgagor without instructions - Assumption of responsibility - Duty of care to joint mortgagor - Breach of duty of care - Causation - Trade practices - Misleading or deceptive conduct - Fair Trading Act 1985 (No. 10201) s. 11.

Factories, shops and industrial safety - Dangerous machinery - Guard - Employer's obligation to provide a safe workplace - So far as is practicable - Objective test of practicability - Criminal law - Prosecution - Onus of proof - Whether prosecutor must prove practicability - Reasonable foreseeability of danger - Statutes - Interpretation - Qualification or proviso - Costs - Defendant acquitted of six out of seven charges - Ordered to pay half informant's costs - Occupational Health and Safety Act 1985 (No. 10190) ss. 4 21 47 - Magistrates (Summary Proceedings) Act 1975 (No. 8731) s. 168 - Occupational Health and Safety (Machinery) Regulations 1985 reg. 10.