Courts and judges - Supreme Court - Jurisdiction - Arbitration and awards - Arbitrator - Administrative law - Public interest immunity - Documents produced to arbitrator pursuant to subpoena and by way of discovery - Claim of public interest immunity - Arbitrator's rulings rejecting immunity - Whether Supreme Court has jurisdiction to review rulings - Whether right to claim immunity could be subject of waiver or acquiescence - Inherent jurisdiction of Supreme Court - Commercial Arbitration Act 1984 (No 10167) s 47.

Criminal law - Murder - Complicity - Causation - Accessorial liability - Innocent agency - Whether accused liable for acts of persons "under his control" - Verdict - Whether unsafe or unsatisfactory - Manslaughter - Manslaughter by unlawful and dangerous act - Manslaughter by criminal negligence - Evidence - Lies by accused - Consciousness of guilt - Directions to jury - Admissions - Secretly recorded conversation - While accused in gaol on other charges - Undercover policeman.

Jury - Criminal cases - Verdict - Majority verdict - Direction as to circumstances when majority verdict may be given - Perseverance direction - Whether judge exercised discretion to take majority verdict - Appeal - Juries Act 1967 (No 7651) s 47.

Criminal law - Sentencing - Pre-sentence detention - Appeal - Resentencing by Court of Appeal - Declaration by Court of Appeal as to pre-sentence detention - Pre-sentence detention not taken to have accrued to time of original sentence - Sentencing Act 1991 (No 49) s 18(1) 18(4).

Accident compensation - Workers compensation - Weekly payments - Notice of rejection of claim - Validity of notice - No valid notice of rejection given - Deemed acceptance of claim - Entitlement to interim weekly payments - Whether dependent on establishing general entitlement to compensation - Appeal - Question of law - Accident Compensation Act 1985 (No 10191) ss 99 109 114.

Practice and procedure - Administrative law - Judicial review of administrative decision - Decision-maker named as defendant - Whether decision-maker should participate fully in proceeding - Hardiman principle - Whether applicable in "one party" cases - Whether applicable where Attorney-General does not intervene - Whether plaintiff can oblige Crown to be proper contradictor - Whether court has power to deny a decision-maker the right to participate in proceedings - Office of the Regulator-General - Determination of electricity distribution tariffs - Office of the Regulator-General Act 1994 (No 42) s 7A.

Criminal law - Sentencing - Wholly suspended sentence - Whether a sentence of imprisonment - Magistrates' Court - Appeal - Wholly suspended sentence imposed by Magistrates' Court - Custodial sentence imposed by County Court on appeal - Right to apply to Court of Appeal for leave to appeal - Magistrates' Court Act 1989 (No 51) s 91(2).

Judgments, orders and declarations - Magistrates' Court - Retirement of magistrate - Order - Validity - Civil proceeding - Reserved decision given without prior notice to parties - Decision pronounced in court in presence of bench clerk - Whether given in "open court" - Authenticated order later signed by magistrate after he had retired - Whether validly recorded - Judicial review - Certiorari - Mandamus - Failure to order costs and interest on damages - Whether certiorari available to quash order - Whether mandamus available to compel Magistrates' Court to order costs and interest - Effect of retirement of magistrate - Whether the Magistrates' Court differently constituted could determine costs and interest - Extension of time for commencing proceeding for judicial review - Whether "special circumstances" - Magistrates' Court Act 1989 (No 51) ss 4 18 109 125(1) 131 - Supreme Court Act 1986 (No 110) s 58 - Supreme Court Rules Ch I O 56 - Magistrates' Court General Regulations 1990 reg 301.

Legal practitioners - Solicitor - Misconduct - Legal Ombudsman - Complaint - Investigation - Legal Profession Tribunal - Ombudsman satisfied of reasonable likelihood that tribunal would find solicitor guilty of unsatisfactory conduct - Ombudsman deciding to take no further action - Complaint dismissed - Whether a "substantiated complaint" - Legal Practice Act 1996 (No 35) ss 151(3)(c) 152(1)(a).

Accident compensation - Workers compensation - Medical panel - Magistrates' Court - Reference of medical question to medical panel - Evidence - Report of medical panel - Reasons for panel's opinion - Admissibility of reasons - Accident Compensation Act 1985 (No 10191) ss 45 48 68 - Administrative Law Act 1978 (No 9234) s 10.

Negligence - Duty of care - Legal practitioners - Counsel - Two barristers retained as co-counsel in litigation - Default by one counsel in preparation for hearing - Co-counsel unable to recover fees - Whether counsel owes co-counsel a duty of care to prevent financial loss - Causation - Whether loss caused by other counsel's default - Deceit.

Limitation of actions - Negligence - Legal practitioners - Solicitor - Personal injury - Caused by employment - Solicitor's failure to advise of common law right to claim damages - Limitation period beginning when plaintiff first knew the injury was caused by defendant's act or omission - Whether plaintiff must also know the defendant's act or omission was "wrongful" or "negligent" - Meaning of "disease or disorder contracted by any person" - Whether tenosynovitis a "disease or disorder" - Appeal - Damages - Assessment - Whether Court of Appeal should assess damages - Limitation of Actions Act 1958 (No 6295) ss 5(1)(a) 5(1A) 23A.

Criminal law - Sentencing - Appeal - Crown appeal - Concession by prosecutor below - Whether binding on appeal - Assault - Intentionally causing serious injury - Crimes Act 1958 (No 6231) s 567A.

Criminal law - Procedure - Subpoena - Production of documents - Confidential information - Application by accused to inspect documents - Statutory prohibition on adducing evidence - Whether relevant to application for inspection - Judicial review - Fragmentation of criminal process - Evidence Act 1958 (No 6246) ss 32B 32C 32D 32E 32F 32G - Evidence (Confidential Communications) Act 1998 (No 21) s 1.

Criminal law - Drug offences - Trafficking - Trafficking in not less than the commercial quantity - Higher penalty imposed if quantity not less than the commercial quantity - Aggravating circumstance - Whether an element of a separate offence - Whether a jury question - Whether a matter for the judge on sentencing - Drugs Poisons and Controlled Substances Act 1981 (No 9719) s 71 - Crimes Act 1958 (No 6231) s 569.

Accident compensation - Transport accident - Benefits - Death benefits - Statutory indemnity in favour of Transport Accident Commission against wrongdoer - Whether indemnity applicable to payments of death benefits for deaths occurring before 19 May 1998 - Statutes - Interpretation - Amendment - Whether retrospective - Transport Accident Act 1986 (No 111) ss 93 104 - Transport Accident (General Amendment) Act 1994 (No 84) ss 10 42 - Transport Accident (Amendment) Act 1998 (No 34) s 15 - Interpretation of Legislation Act 1984 (No 10096) s 14(2).

Insurance - Fraudulent claim - Insurer's entitlement to refuse fraudulent claim - Whether fraud must be material to entitlement to indemnity - Meaning of fraud - Insurance Contracts Act 1984 (Cth) ss 54(1) 56.

Practice and procedure - Magistrates' Court - Appeal - Judicial review - Error of law on face of record - Statutory right of appeal from Magistrates' Court to Supreme Court - Appeal out of time - Judicial review as alternative to appeal - Magistrates' Court Act 1989 (No 51) s 109 - Supreme Court Rules Ch I O 56.

Criminal law - Procedure - Case stated - Motor vehicles - Breath test and blood alcohol - Blood alcohol content exceeding 0.05percnt - Place of offending - Place where breath sample taken - Charge - Amendment to charge during hearing to substitute correct place of offending - Whether place of offending an essential element of offence - Variance between charge and evidence - Meaning of "variance" - Amendment more than 12 months after commission of offence - Whether amendment to charge properly allowed - Appeal - County Court - Whether judge had jurisdiction to determine whether magistrate properly allowed amendment to charge - Road Safety Act 1986 (No 127) s 49(1)(f) - Magistrates' Court Act 1989 (No 51) ss 26(4) 50(1).

Bankruptcy and insolvency - Companies - Winding up - Preferential claim - Unfair preference - Voidable transaction - Running account - Building contract - Payment made by guarantor of obligations under building contract - Whether relationship of debtor and creditor existed between guarantor and builder - Whether payments were "settlements of property" - Funds provided by bank - Whether "earmarked" for builder - Whether available for creditors generally - Companies (Victoria) Code s 451 - Bankruptcy Act 1966 (Cth) ss 120 122.

Criminal law - Sentencing - Double punishment - Culpable driving causing death - Reckless conduct endangering life - Whether the two offences constitute the same act or omission - Distinction between "actions" and "acts" - Crimes Act 1958 (No 6231) ss 22 318 - Interpretation of Legislation Act 1984 (No 10096) s 51(1).

Criminal law - Sexual offences - Evidence - Witnesses - Failure to adduce evidence from witness - Principle in Jones v Dunkel - Whether applicable - Corroboration - Verdict - Whether unsafe or unsatisfactory.

Criminal law - Drug offences - Trafficking - Possession - Joint possession - Verdict - Alternative verdicts - Whether possession should have been left to jury as alternative to trafficking - Drugs Poisons and Controlled Substances Act 1981 (No 9719) ss 5 71(1)(a) 73.

Criminal law - Sentence - Appeal - Crown appeal - Evidence - Fresh evidence - False plea material put before sentencing judge on behalf of offender - Evidence demonstrating falsity of plea material - Whether admissible on appeal - Resentencing by appeal court - Whether appeal court precluded from increasing sentence - Crimes Act 1958 (No 6231) ss 567A 574.

Criminal law - Appeal - Crown appeal against sentence - Procedure - Notice of appeal - Application for leave to extend time to give notice - Principles applicable to discretion to grant leave - Reasonably satisfactory explanation for failure to serve within time - Crimes Act 1958 (No 6231) s 567A - Occupational Health and Safety Act 1985 (No 10190) ss 21 25(1)(a) 52.

Negligence - Damages - Assessment - Medical negligence - Loss of a chance - Brain tumour - Medical practitioner negligent in not diagnosing tumour earlier - Operation to remove tumour not wholly successful - Loss of a chance of complete removal of tumour - Whether plaintiff entitled to damages for loss of chance.

Criminal law - Drug offences - Trafficking - Conspiracy - Evidence - Common purpose - Jury - Direction - Judge's remarks to jury that evidence of common purpose admitted "on the balance of probabilities" - Effect of remarks on burden of proof and presumption of innocence.

Criminal law - Drug offences - Trafficking - Conspiracy - Evidence - Common purpose - Jury - Direction - Judge's remarks to jury that evidence of common purpose admitted "on the balance of probabilities" - Effect on burden of proof and presumption of innocence - Witnesses - Failure to call a witness - Direction by judge concerning Crown's failure to call witness - Question by jury whether defence could have called witness - Whether inference may be drawn from defence's failure to call witness.

Negligence - Duty of care - Policeman injured in brawl at social club - Whether club owed policeman a duty of care - No duty to prevent harm from criminal conduct of third party - Exception where special relationship exists between defendant and plaintiff - Based on defendant's control of third party - "Fireman's rule" - Whether duty of care excluded because plaintiff injured in line of duty - Damages - Assessment - Discount of gross economic loss - Relevant factors.

Companies - Winding up - Statutory demand - Setting aside - Multiple debts arising from the same transaction - Whether multiple statutory demands may be made - Whether multiple demands oppressive - Genuine dispute - Off-setting claim - Corporations Act 2001 ss 459E 459G 459H 459J.

Companies - Oppression - Oppression of minority shareholder - Course of conduct - Invalid issues of shares diluting minority shareholding - Directors - Meetings - Minority director tricked into attending directors' meeting - Resolution appointing additional director - Whether meeting and resolution valid - Equity - Surprise - Corporations Law s 260.

Contract - Termination - Repudiation by non-performance - Notice of intention to terminate unless performance by a specified date - Purported termination on the specified date - Whether termination effective - Election - Estoppel.

Debts and choses in action - Debt - Interest - Pursuant to statute - Date from which interest calculated - Debt payable on termination of agreement - Dispute as to termination - Whether date of termination "a date or time certain" - Supreme Court Act 1986 (No 110) s 58.

Damages - Evidence - Expert evidence - Distress - Psychological injury - Employer and employee - Termination of employment by employer - Redundancy - Contract - Tort - Deceit - Trade practices - Misleading or deceptive conduct - Damages for distress - Damages for psychological injury - Expert evidence on damages for distress and psychological injury - Whether admissible - Trade Practices Act 1974 ss 51A 52 53B - Fair Trading Act 1985 (No 10201) ss 10A 11 12.

Stamp duty - Transfer - Land - Exemptions - Purchaser of land nominating substitute transferee - Nominee subdividing land into two lots - Transfer of one lot from nominee to original purchaser - Whether transfer dutiable - Whether transfer of same property purchased by nominee - Stamps Act 1958 (No 6375) s 17 Third Schedule Heading VI exemption (17).

Contract - Mistake - Rectification - Mistake as to form - Mistake as to effect - Contract based on mistaken common assumption - Whether rectification available.

Criminal law - Assault - Intentionally causing serious injury - Recklessly causing serious injury - Verdict - Alternative verdicts - Whether verdicts of causing injury should have been left to the jury as alternatives to serious injury - Sentencing - Parity - Co-offenders - Orders for concurrency with existing sentences of co-offenders - Crimes Act 1958 (No 6231) ss 16 17 18.

Accident compensation - Transport accident - Costs - Offer to settle - Costs penalty if outcome not more favourable than offer - Administrative law - Victorian Civil and Administrative Tribunal - Review of decision of Transport Accident Commission - Proposal by commission to end proceeding - Whether an offer to settle - Whether proposal must contain element of compromise to be an offer to settle - Meaning of "settle" and "settlement" - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 112 Sch 1 item 93 - Transport Accident Act 1986 (No 111) ss 77 79.

Legal practitioners - Admission - Applicant - Fit and proper person - Misconduct - Convictions for false reports - Serious allegations implicating innocent persons - Applicant suffering from dissociative disorder - Failure to disclose all relevant circumstances of charges - Failure to acknowledge seriousness of misconduct - Legal Practice (Admission) Rules 1999 r 4.01 - Supreme Court Rules Ch II r 14.12.

Criminal law - Theft - Handling stolen goods - Alternative offences charged - Jury satisfied beyond reasonable doubt that one or other offence was committed - Jury unable to decide which offence - Whether jury may convict of lesser offence - Direction to jury - Verdict - Alternative verdicts - Crimes Act 1958 (No 6231) ss 74 88.

Defamation - Libel - Practice and procedure - Pleading - Imputations - Pleaded meanings - Defence - Justification - Denial of plaintiff's pleaded meanings - Defendant seeking to justify alternative imputations - Whether alternative imputations permissible - Fair comment - Whether defendant obliged to specify substance of alleged comment - Whether alleged comment must pertain to pleaded meanings - Particulars - Whether plaintiff entitled to particulars of fair comment - Qualified privilege - Mass media defendant - Defence available only in exceptional circumstances - Categories of circumstances - General public interest in subject matter insufficient.

Defamation - Libel - Practice and procedure - Pleading - Imputations - Defence - Fair comment - Particulars - Substance of comment - Particulars of substance of comment not responsive to plaintiff's alleged imputations - Defence struck out.

Accident compensation - Workers compensation - Weekly payments - Serious injury - Total and permanent incapacity - Medical panel - Opinion - Panel opinion that worker partially and permanently incapacitated - Court ordering compensation on basis of total incapacity up to date of panel's opinion - Whether order inconsistent with panel's opinion - Meaning of "totally and permanently incapacitated" - Accident Compensation Act 1985 (No 10191) ss 45 68(4) 93A 93B.

Discrimination - Equal opportunity - Indirect discrimination - Attribute - Parent and carer - Employment - Hansard sub-editor - Requirement to attend Parliament House when Parliament in session - Employee desiring to work at home to care for sick child - Proposal to install modem line and fax machine in employee's home - Proposal not implemented - Employee resigned - Whether employee suffered a detriment - Reasonableness of requirement to attend at Parliament House - Equal Opportunity Act 1995 (No 42) ss 6 9 14.

Stamp duty - Conveyance or transfer of real property - Assessment - Valuation of property - Notional sale of property free from encumbrances in the open market - Sale of partly-worked quarry - Reservation by vendor of tipping rights - Whether valuation of property should disregard reservation of tipping rights - Meaning of "free from encumbrances" - Stamps Act 1958 (No 6375) s 63(3)(b)(i)(B) - Valuation of Land Act 1960 (No 6653) s 5A.