Negligence - Highways, streets and roads - Occupier's liability - Misfeasance - Non-feasance - Liability of local council - Immunity of highway authorities - Abolition of highway rule - Plaintiff stepped from footpath into hole in bluestone gutter - Plaintiff returning to car from parking meter on footpath - Whether council liable for negligent failure to install sufficient cross-overs from gutter to footpath - Whether council liable for failure to inspect and repair gutter - Statutory exception to liability for misfeasance or non-feasance - Local Government Act 1989 (No 11) s 205(2).

Costs - Indemnity certificate - Appeal - Criminal proceeding - Adjournment - Appeal fixed for hearing and listed but not reached - Deemed adjournment - Appeal fixed for hearing but not listed - Certificate available only where costs actually paid or ordered to be paid - Appeal Costs Act 1998 (No 87) s 17.

Judgments, orders and declarations - Judgment - Reasons for judgment - Delay - Judgment pronounced and draft reasons provided to the parties - Final reasons given five weeks later - Differences between draft reasons and final reasons - Whether judge obliged to give reasons contemporaneously with judgment - Whether judge functus officio after judgment pronounced or authenticated - Supreme Court Rules Ch I r 59.04.

Motor vehicles - Criminal law - Breath test and blood alcohol - Blood alcohol content exceeding 0.05% - Essential elements of offences - Procedure - Charge - Whether charge contained all essential elements of offence - Requirement to furnish sample of breath - Defendant's connection with motor vehicle - Requirement that defendant accompany police officer to police station - Whether essential elements of offences - Whether required to be stated in charge - Amendment to charge - Road Safety Act 1986 (No 127) ss 49(1)(e) (f) 53(1) 55(1) - Magistrates' Court Act 1989 (No 51) ss 27 50 92.

Taxation - Payroll tax - Exemption - Small business - Grouping - Employers constituting a group - Agreement in respect of the performance of duties by employees - Service company providing financial and ancillary management services to retail stores - Whether small business exemption applicable - Appeal - Whether leave required - Whether order final or interlocutory - Successful appeal resulting in remitter for determination of other matters - Whether decision below finally disposed of rights of parties - Pay-roll Tax Act 1971 (No 8154) ss 8 9A(1)(d) 9B(3).

Criminal law - Evidence - Identification - Voice identification - Admissibility - Whether judge obliged to exclude voice identification evidence in the absence of "familiarity" or "distinctiveness" - Gun identification - Directions to jury about use of identification evidence - Jury - Application for discharge - Prejudicial evidence inadvertently placed before jury - Whether high degree of need to discharge - Procedure - Trial - Voir dire - No discrete inquiry whether voir dire necessary or desirable.

Criminal law - Procedure - Grand jury - Application to Court of Appeal - Whether ex parte or inter partes - Whether court has discretion to refuse application - Freemasons - Allegations of administering unlawful oaths - Crimes Act 1958 (No 6231) ss 316 321 354.

Limitation of actions - Extension of time - Application for extension of time within which to bring action - Principles applicable - Whether plaintiff acted reasonably - Prejudice to defendant - Actual and likely prejudice - Negligence by plaintiff's former solicitor in failing to institute proceeding - Whether a relevant factor - Limitation of Actions Act 1958 (No 6295) s 23A.

Bankruptcy and insolvency - Composition - Companies - Voluntary administration - Contract - Illegality - Bid for company's assets - Agreement between bidder and creditor - Whether void as a fraud on the other creditors - Duty of good faith between creditors - Corporations Law Pt 5.3A.

Criminal law - Sentencing - Non-parole period - New single non-parole period fixed upon further sentencing of offender - Commencing date of new non-parole period - Whether date of original order or date of new order - Sentencing Act 1991 (No 49) ss 14 17.

Practice and procedure - Evidence - Witnesses - Affidavits and statements of evidence - Privilege - Self-incrimination - Companies - Proceeding against directors for pecuniary penalties - Witnesses other than defendants - Order sought for affidavits and statements of evidence to be relied on by defendants - To be filed before trial - Corporations Act 2001 (Cth) s 1317L.

Legal practitioners - Solicitor - Negligence - Breach of retainer - Failure to protect settlement moneys from creditor - Bankruptcy - Statutory notice of impending bankruptcy - Debts frozen - Notice served on person holding settlement moneys - Garnishee order in favour of creditor - Payment made to creditor from settlement moneys - Failure to serve statutory notice on creditor - Whether negligence by solicitors - Whether creditor bound to return payment - Bankruptcy Act 1966 (Cth) ss 54A 54C 54E 54H 54L.

Costs - Solicitor's lien - Settlement moneys - Equitable lien - General lien - Whether costs incurred in recovering the moneys or immediately incidental thereto.

Criminal law - Drug offences - Drug of dependence - Methylamphetamine - 1-phenyl-2-methylamino propane (or methylamino) - Commercial quantity - Traffickable quantity - Small quantity - Inconsistent statutory provisions concerning the same drug - Statutes - Interpretation - Later enactment impliedly repeals earlier inconsistent enactment - Drugs, Poisons and Controlled Substances Act 1981 (No 9719) ss 70 71(1)(a) Sch 11 Pts 1 3.

Companies - Winding up - Statutory demand - Setting aside - Service of the demand in Victoria - Interstate address specified in demand for service of application to set aside - Creditor a foreign company with no registered office in Australia - Service of application to set aside on interstate address specified in demand - Service invalid - Application to set aside demand dismissed - Judgments, orders and declarations - Inhibiting order - To inhibit creditor from acting on statutory demand when application to set aside dismissed - Circumstances in which inhibiting order might be made - Relevance of merits of application to set aside - Corporations Act 2001 ss 459E 459G - Corporations Regulations regs 1.0.03(1) 1.0.04.

Practice and procedure - Service - On foreign company with no registered office in Australia - Judgments, orders and declarations - Order - Authenticated order - Statutory demand under Corporations Act 2001 (Cth) based on judgment debt - No authenticated order for judgment - Whether creditor may issue statutory demand - Whether a "step taken" in the court under the Rules - Supreme Court Rules O 7 r 60.01(2)(a).

Criminal law - Forgery - Making a false document - Elements of offence - Document must "tell a lie about itself" - Not sufficient that it contains falsehoods - Appeal - Acquittal - Crimes Act 1958 (No 6231) s 83A.

Motor vehicles - Criminal law - Road safety - Breath test and blood alcohol - Blood alcohol content exceeding 0.05% - Requirement to accompany a police officer to a police station or other place - Whether part of requirement to furnish a sample of breath - Offence of failure to comply with requirements - Defence of reason of a substantial character - Whether applicable to all requirements - Whether applicable to requirement to accompany police officer - Whether applicable only to requirement to furnish a sample of breath - Road Safety Act 1986 (No 127) ss 49(1)(e) 55(1) 55(9).

Wills and codicils - Statutory will - Application for authorising order - Likely intentions of person lacking testamentary capacity - Ascertainment - Whether reasonable to authorise making of will - Reprehensible conduct of main beneficiary under previous will - Wills Act 1997 (No 88) ss 21 26.

Appeal - County Court - Magistrates' Court - Intervention order - Order by County Court dismissing appeal from order of Magistrates' Court - Whether appeal lies to Court of Appeal from County Court order - County Court Act 1958 (No 6230) s 74(1) - Crimes (Family Violence) Act 1987 (No 19) ss 20 21(4) - Magistrates' Court Act 1989 (No 8184) s 86(2).

Damages - Tort - Conversion - Contract - Breach - Causation - Remoteness - Test of remoteness for damages for conversion - Reasonable foreseeability - Knowledge or express notice - Banks and banking - Cheque - Telegraphic transfer - Bank liable to customer for converting cheques and breach of contractual duty of care - Whether damages limited to amounts of cheques and telegraphic transfer - Consequential losses - Lost profits from loss of business - Whether recoverable - Whether losses caused by the bank's default - Whether too remote - Whether merely incidental.

Criminal law - Sentencing - Federal sentence - Co-operation with authorities - Appeal - Crown appeal - Original sentence reduced because of offender's undertaking to co-operate with authorities - Breach of undertaking - Appeal against adequacy of original sentence - Resentencing - Double jeopardy - Totality - Sentencing Act 1991 (No 49) s 16(4) - Crimes Act 1914 (Cth) ss 16(1) 16B(a) 19AB 19AC 20(1)(b) 21E.

Accident compensation - Workers compensation - Benefits - Entitlement - Injury - Meaning - Statutory requirement that employment "a significant contributing factor" - Whether applicable to all injuries - Injury in the primary sense of the statutory definition - Nature of causal nexus to satisfy test of "a significant contributing factor" - Accident Compensation Act 1985 (No 10191) ss 5(1) 5(1B) 82(1) 86 98(1) 99 135A(2) - Accident Compensation (WorkCover) Act 1992 (No 67).

Criminal law - Sentencing - Non-parole period - Pre-sentence detention - New single non-parole period fixed upon further sentencing of offender - Commencing date of new non-parole period - Declaration of pre-sentence detention in respect of first sentence - Whether deducted from new non-parole period - Pre-sentence detention for unrelated charge - Obligation to take into account in sentencing - Sentencing Act 1991 (No 49) ss 14 18(1) 18(2)(d).

Practice and procedure - Costs - Security for costs - Appeal - Appeal against conviction for contempt of court - Security for costs of the appeal may be ordered "in special circumstances" - Appellant's probable inability to meet an order for costs - Family company likely to fund appeal and be able to provide security - Supreme Court Rules Ch I r 64.24(2).

Practice and procedure - Discovery - Legal professional privilege - Litigation privilege - Dominant purpose - Litigation reasonably anticipated or in contemplation - Machine explosion injuring worker - Manufacturer's insurer instructs solicitors - Solicitors commission reports - Whether reports privileged.

Practice and procedure - Case management - Application to vacate trial date - Expert witness unavailable - Inability properly to prepare case - Case raising matter of general public importance - Discretion - Appeal - Supreme Court Act 1986 (No 110) s 17A(4).

Criminal law - Sexual offences - Maintaining a sexual relationship with a child under the age of 16 - Proved by certain acts of penetration - Alleged as particulars of count - Alternative offences - Further acts of penetration not alleged as particulars but as additional offences - Whether permissible - Procedure - Presentment - Particulars - Whether unfair or oppressive to accused - Crimes Act 1958 (No 6231) ss 35 46 47A - Crimes (Amendment) Act 1997 (No 81).

Accident compensation - Workers compensation - Appeal - County Court - Uninsured Employers and Indemnity Scheme - Determination of liability by County Court - Appeal limited to question of law raised in the proceedings below - County Court Act 1958 (No 6230) s 74 - Accident Compensation Act 1985 (No 10191) s 52 - Accident Compensation (WorkCover Insurance) Act 1993 (No 50) ss 5 61(3).

Landlord and tenant - Lease - Interpretation - Covenant by tenant to pay "all municipal and other rates and charges" assessed in respect of the demised premises - Land tax - Whether payable by tenant or landlord - Meaning of "taxes", "rates" and "charges" - Land Tax Act 1958 (No 6289) ss 8 42.

Companies - Winding up - Statutory demand - Setting aside - Grounds - Offsetting claim - Claim in pending court proceeding - Proceeding temporarily stayed - Whether offsetting claim must be immediately capable of enforcement - Meaning of "a genuine claim that the company has" - Corporations Act 2001 (Cth) s 459H.

Costs - Witness expenses - County Court - Medical negligence claim - Defendant claiming witness expenses - Loss of income forgone while attending court - Whether recoverable as witness expenses - Appeal - Interlocutory order - Leave to appeal - County Court Rules Ch I rr 63A.29 63A.69.

Wills and codicils - Validity - Informal will - Computer file - Whether a "document" - Whether containing testamentary intentions - Whether intended by the deceased to be his will - Whether signed by the deceased - Executor - Whether appointed by the document - Wills Act 1997 (No 88) s 9 - Interpretation of Legislation Act 1984 (No 10096) s 38.

Criminal law - Murder - Evidence - Expert evidence - DNA evidence - Admissibility - Experts expressing different opinions - Whether jury able properly and reasonably to evaluate differing opinions - Admissions - Secretly recorded conversations - While accused in custody awaiting trial - Previous refusal to answer police questions - No admission of guilt but admission of willingness to fabricate alibi - Discretion to exclude - Public policy discretion - Unfairness discretion - Alibi evidence - Taped telephone conversation - No warrant obtained - Prior inconsistent statement of co-accused - Evidence of accused's bad character - Propensity warning - Alternative verdict - Manslaughter - Complicity - Alternative basis of guilt of murder - Corroboration - Blood stains - Listening Devices Act 1969 (No 7804) s 4.

Criminal law - Sentence - Culpable driving causing death - Negligently causing serious injury - Complicity of victim - Absence of a circumstance of aggravation - Youthful offender - Early pleas of guilty - Period of disqualification of driver licence - Crimes Act 1958 (No 6231) s 318 - Sentencing Act 1991 (No 49) s 89.

Criminal law - Murder - Motive - Motive not part of prosecution case - Trial judge directing jury on possible motive - Evidence - Confessions - Police record of interview - Failure by judge to direct jury on use they could make of confessions.

Discrimination - Equal opportunity - Employment - Direct discrimination - Attribute - Status - Private life - Characteristic - Race - Religious belief - Indian Hindu of Brahmin caste - Reserved disposition - University lecturer - Employed in specialised program for Aboriginal students - Contract not renewed - Unsuitability because of reserved disposition - Whether refusal to renew contract was discriminatory - Whether reason for non-renewal of contract was attribute based - Practice and procedure - Remitter - Whether matter should be remitted to Victorian Civil and Administrative Tribunal - Equal Opportunity Act 1984 (No 10095) ss 17(1) 17(4)(a) 21 22 23 - Equal Opportunity Act 1995 (No 42) ss 3(b) 7(2)(b) 8(2) 218 - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 148(7).

Legal practitioners - Solicitors - Conflict of interest - Application to restrain solicitors from acting in litigation - Danger of disclosure of confidential information - Duty of loyalty - Negative equitable obligation - Courts and judges - Jurisdiction - Control of officers of court.

Trust and trustees - Charitable trusts - Trustee - Dispute as to who is trustee of a charitable trust - Practice and procedure - Standing - Whether Attorney-General the proper plaintiff - Summary judgment - Supreme Court Rules Ch 1 r 23.

Criminal law - Sentencing - Circumstances making imprisonment burdensome to prisoner - Prisoner in protective custody - Prisoner giving assistance to prosecuting authorities in unrelated offence - Whether prisoner entitled to "informer's discount".

Criminal law - Double jeopardy - Conspiracy to cheat and defraud - Substantive fraud offences - Plea bargain - Agreed presentment charging conspiracy and substantive offences - Guilty pleas - Whether the accused could properly be convicted on both conspiracy and substantive counts - Sentence - Whether double punishment - Whether judge should have considered that less punitive offences could have been charged - Appeal - Applications for extension of time within which to seek leave to appeal against conviction - Guilty pleas - Whether exceptional circumstances - Interpretation of Legislation Act 1984 (No 10096) s 51.

Legal practitioners - Solicitor - Negligence - Breach of retainer - Solicitor acting for client in litigation - Client successful at trial in one cause of action - Other cause of action not determined - Decision overturned on appeal - Failure to seek remitter of other cause of action - Solicitor's liability - Solicitor's reliance on counsel's advice - Damages - Assessment - Loss of a chance - Discount for contingencies - Confidential information - Concept or idea - Equity - Confidence - Breach - Idea for commemorative art collection and calendar - Novelty or uniqueness - Value of idea - Misappropriation.

Administrative law - Freedom of information - Access - Request for access to documents - Multiple requests - Aggregation of requests - Agency entitled to refuse request if oppressive - Whether entitled to aggregate requests to determine whether oppressive - Statutes - Interpretation - Purposive - Interpretation promoting purpose and effect - Transaction broken up to avoid statutory provision - No other reason for breaking up transaction - Appeal - Leave to appeal - No substantial injustice - No issue estoppel - Freedom of Information Act 1982 (No 9859) ss 3 5(1) 13 17 18 21 25A 53 - Interpretation of Legislation Act 1984 (No 10096) s 37 - Victorian and Civil Administrative Tribunal Act 1998 (No 53) s 148(2).

Estoppel - Res judicata - Anshun estoppel - Judgments, orders and declarations - Claim against certain defendants upheld but no substantive relief ordered against them - Substantive relief later sought against them - Sought in original proceeding and also in later separate proceeding - Same cause of action - Different substantive relief sought - Appeal - Leave to appeal - Whether decision below attended with sufficient doubt.

Injunction - Mandatory - Interlocutory - Lease - Breach - Specific performance - Lease of supermarket and petrol station in shopping centre - Tenant closing petrol station - Landlord's application for injunction requiring business to be carried on pending trial - Rule of practice against mandatory injunctions requiring business to be carried on - Whether exceptional circumstances justifying injunction.