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Catchwords are the way in which we classify reports into a consistent taxonomy.

Numbers
Alphabet
A1,358 reports
A. Agreed With B. To Do Certain Work For B.1
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A Personal Executor May Be Allowed Commission On Passing His Accounts, His Co-executor1
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a trustee company1
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A Receipt Given By An Agent Of A Fire Insurance Company For A Renewal Premium Contained The Following Condition:1
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"abattoirs Statute" (no. 356)1
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Section 361
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Possession of skin with defaced brand1
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"abattoirs Statute" (no. 356), S. 281
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Mandamus1
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Application for license for slaughter-house1
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Aborigine1
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Statute1
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Public policy1
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"Wife of an aborigine"1
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Whether feminine expression includes masculine1
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Aborigines2
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Archaeological and Aboriginal relics1
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Portable Aboriginal relics1
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Required to be lodged in the National Museum of Victoria1
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Meaning of "lodged"1
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Coroners1
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Autopsy1
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Application for an order that no autopsy be performed1
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Court's discretion1
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Abortion1
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Criminal Law and Practice Statute 1864, sec. 561
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Supplying drugs with intent that they should be used to procure abortion1
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Accession Of Title1
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Conversion1
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Accessories attached to motor vehicle1
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Accident Compensation185
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Accident Compensation- Tribunal1
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Power to declare rights as to future expenses1
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"Medical service"1
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"Attendant care"1
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Accident Compensation Commission1
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Reclassification of establishment1
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Date of commencement of reclassification1
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Accident Compensation Tribunal1
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Action by Accident Compensation Commission for indemnity1
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Nature of action1
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Whether action in tort or contract1
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Accident Compensation Act 1985 (No. 10191), s1381
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Appeals to Supreme Court from Accident Compensation Tribunal1
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Jurisdiction1
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When determination made by tribunal1
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When notice of intention to appeal from determination must be given1
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Apportionment of liability between authority and insurer1
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Proceeding brought in County Court1
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Appeal1
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Whether normal rights of appeal from County Court excluded1
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Assessment by commission1
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Review by tribunal1
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Refund due in consequence of review1
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Whether and from when interest is payable1
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Assessment of injury to worker1
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Loss of mental powers1
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"Involving inability to work"1
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Whether necessary to show inability to perform work at all1
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Calculation of pre-injury earnings1
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Worker's ordinary time rate of pay for worker's normal number of hours per week1
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Single concept1
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Whether concept includes overtime1
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Calculation of pre-injury earnings Worker's "ordinary time rate of pay"1
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Whether overtime and shift allowances included1
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Whether industrial award fixed ordinary time rate of pay1
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Construction1
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Independent contractor1
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"Deemed worker"1
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"Deemed employer"1
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Contribution injury2
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Contribution by insurer1
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Assessment by commission of amount of contribution1
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Review by tribunal1
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Industrial deafness1
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Attributable to exposure before and after appointed day1
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Amount of contribution1
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Damages3
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Non-pecuniary loss1
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Whether damages excessive1
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Whether determination by reference to jury assessment or amount reduced by statute1
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Personal injuries1
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Nonpecuniary loss Plaintiff injured when struck by motor vehicle on his way to work1
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Whether amount of damages restricted to $140,0001
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Whether statutory limit of $140,000 subject to indexation1
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Whether interest allowable on maximum damages of $140,0001
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Death1
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Prior recovery of damages at common law by deceased1
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Whether bar to application for compensation by dependants1
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Disease due to nature of any employment1
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"Employment"1
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What is encompassed in employment1
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Classification of worker's employment1
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Employer's levy1
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Classification of employer's industry1
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"Activity" and "predominant activity" at establishment1
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Predominant activity determined by reference to work of employees at that establishment1
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Estoppel1
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Res judicata1
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Recommendation by conciliation division1
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Effect of recommendation1
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Gradual process injury1
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before and after appointed day1
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Entitlement to compensation for entire period1
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Industrial deafness1
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Partial loss of hearing Attributable to exposure before and after appointed day1
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"Injury"1
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Cerebral haemorrhage1
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Injury occurring between 31 August 1985 and 30 June 19931
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Statutory "transfer" of liability from Victorian WorkCover Authority to authorised insurer1
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Whether authority remains liable to pay compensation1
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Accident Compensation (WorkCover Insurance) Act 1993 (No 50) s1, s5, s7, s34, s46(a), s63, s751
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Levy1
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Labour agency1
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Whether employer1
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Whether liable to pay levy1
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Levy payable by employer1
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Power of Accident Compensation Commission to reduce levy1
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Establishment continuously in operation since 1 September 19851
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Employer transferring same operations from one establishment to another after 1 September 19851
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Motor Vehicles1
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Compensation for injury1
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Whether injury caused by or arose out of use of motor vehicle1
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Motor accident1
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Payment of compensation by insurer1
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Claim for reimbursement by insurer1
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Amount payable1
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Motor vehicle1
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Injury arising from use of motor vehicle1
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Applicant left unconscious in parked motor vehicle1
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Applicant unconscious from drug overdose1
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Motor vehicles2
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Compensation for injury2
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Injury arising out of use of motor vehicle1
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Child placed in car in anticipation of and preparatory to departure1
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Mobile concrete pumping unit Whether1
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"motor car1
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‘No current work capacity’1
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‘Current work capacity’1
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‘Suitable employment’1
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Serious injury2
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Applications for leave to bring proceedings1
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Subsequent injury aggravating existing injury1
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Test1
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What constitutes "serious injury"1
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"Whiplash"1
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Serious injury application1
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Whether injury occurred in compensable circumstances1
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Payment of statutory benefits by insurer1
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Whether admission against interest by employer1
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"Serious injury" applications1
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Practice and procedure1
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Procedure for dealing with applications "on the papers"1
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No hearing1
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Sporting contestants1
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Statutory deemed employment1
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Stable-hand employed by racehorse trainer1
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Injury suffered in riding accident1
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Statutory scheme1
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Application out of time1
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Amending Act giving discretion to extend time1
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Procedural amendment1
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Transport accident50
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Benefits4
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Death benefits1
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Statutory indemnity in favour of Transport Accident Commission against wrongdoer1
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Disability service1
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Attendant care1
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Entitlement1
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Ancillary services1
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Loss of earning capacity1
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Statutory indemnity in favour of Transport Accident Commission against wrongdoer1
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Rehabilitation service1
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Long-term accommodation1
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Brain damage1
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Level of permanent impairment1
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Guides to the Evaluation of Permanent Impairment1
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Claim for compensation1
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Time limit for claim1
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Respondent’s partner died as a result of a transport accident1
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Claim for impairment benefit1
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Transport Accident Commission1
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Administrative law1
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Compensation1
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Medical services1
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In vitro fertilisation1
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Costs1
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Offer to settle1
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Costs penalty if outcome not more favourable than offer1
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Criminal injuries compensation1
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Criminal law1
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Sentencing1
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Damages2
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Medical and hospital expenses1
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Payable by plaintiff's employer subject to reimbursement out of damages1
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Serious injury1
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Common law claim1
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Death benefit1
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Meaning of "earner"1
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Eligibility for age pension1
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Entitlement to bring common law action for damages1
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Pre-conditions1
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Requirement that there be an impairment assessment1
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Entitlements2
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Employee injured1
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Employer's loss of employee's services1
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Transport Accident Commission1
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Decision-making obligations1
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"Incident directly caused by or directly arising out of the driving of motor car"1
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"Driving"1
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Whether driving includes being in charge of motor car1
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Injury in course of employment2
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Statutory compensation scheme2
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Damages in respect of "serious" injury1
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Threshold test to common law proceedings1
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Leave to bring common law proceedings4
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"Serious injury"4
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Death of injured person from other causes1
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Meaning of "serious"1
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"Permanent serious disfigurement"1
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Serious long-term impairment or loss of a body function1
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Leave to bring common law proceedings2
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"Serious injury"2
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Aggravation of pre existing condition1
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"Permanent serious disfigurement"1
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Limitation of actions2
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Application for review of decision of Transport Accident Commission1
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Extension of time within which to bring application1
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Commencement of limitation period1
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First manifestation of injury for which compensation sought1
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Loss of earnings claim1
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Driver1
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Disentitlement1
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Meaning of "serious injury"1
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Whether injury must be "very considerable"1
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Significance of inability to pursue former occupation1
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Motor vehicle2
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Fork-lift1
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Whether intended to be used on a highway or in a public place1
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Motor cycle1
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Not used on a highway for many years1
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Payment of compensation1
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Indemnity claim by Transport Accident Commission against third parties1
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Occupier of land not in breach of duty of care to users of highway1
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Period of entitlement to compensation of injured earner1
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Whether five days to be excluded from period must be earning days1
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Serious injury8
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Application for leave to commence common law proceeding1
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Standard of appellate review1
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Damages1
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Trial by judge and jury1
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Impairment4
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Assessment3
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Successive accidents1
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"Severe long-term behavioural disturbance"1
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Whether symptoms consciously or unconsciously motivated1
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Severe long-term mental or severe long-term behavioural disturbance or disorder1
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Post-traumatic stress disorder1
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Statutory compensation scheme1
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Threshold test to common law proceedings1
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Meaning of "serious injury"1
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Transport Accident Commission5
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Claim for benefits1
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Refusal1
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Claim for indemnity1
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Single motor vehicle accident1
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Payment of benefits2
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Commission's entitlement to indemnity against tortfeasor1
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Extinguishment of common law right of action1
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Unregistered motor vehicle1
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Transport accident charge1
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Whether Transport Accident Commission liable to pay compensation1
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Accident outside Victoria1
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Vehicle registered interstate1
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Whether incident directly arose out of driving a motor vehicle1
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Meaning of "directly arising out of"1
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Workers compensation1
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Fatal accidents1
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Dependants' claims1
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Truck driver sustained injury after alighting from truck1
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Intention to inspect drop off point for delivery1
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Truck stationary1
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Whether incident a transport accident1
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Worker9
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Contribution injury1
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Determination of liability of contributing insurer1
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Relevant date1
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Damages2
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Assessment1
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Multiple claims1
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Non-pecuniary loss1
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Statutory limit on damages1
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Injuries suffered in car accident during journey to work1
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Compensation payments received1
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Claim for damages at common law1
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Injury in course of employment1
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Claim for damages against employer1
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Whether claim barred by Accident Compensation Act 19851
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Redundancy payment1
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Weekly payments1
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Period of entitlement1
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Serious injury2
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Common law proceeding for damages1
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Whether determination of serious injury a precondition to commencement of common law proceeding1
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Common law proceeding for damages1
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Whether determination of serious injury a precondition to commencement of common law proceeding1
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Whether claimant a "worker"1
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Decision of appeals board1
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Application to County Court1
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Workers compensation86
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Appeal1
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County Court1
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Uninsured Employers and Indemnity Scheme1
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Authorised insurer1
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Medical panel1
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Reference of medical question to medical panel1
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Benefits1
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Entitlement1
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Injury1
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Claim for lump sum compensation1
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Statutory requirement for conciliation1
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Statutory offer and counter-offer1
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Common law proceedings1
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Competence1
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Statutory bar1
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Compensable injury1
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Worker1
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Contract of service1
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Contribution between defendants1
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Breach of statutory duty1
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Contract between defendants1
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Costs1
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Statutory regime of offer and counter-offer1
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Costs consequences of quantum of verdict1
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County Court1
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Medical panel1
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Reference of medical question to medical panel1
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Damages1
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Costs1
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Statutory scheme of compulsory pre-trial settlement offers1
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Death1
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Injury arising out of or in the course of employment1
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Deemed employment1
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Employer3
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Insurance1
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Premiums1
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Liability to pay compensation1
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Victorian WorkCover Authority (VWA)1
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Self-insurer1
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Approval1
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Employer and employee1
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Negligence1
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Safe system of work1
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Entitlement6
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Common law damages1
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Reintroduction for injury suffered on or after 20 October 19991
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Injury1
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Course of employment1
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Medical panels2
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Binding opinions2
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One claim only per compensable event1
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Physical injuries1
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Work capacity1
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Medical panel1
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Impairment1
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Assessment1
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Medical panel1
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Impairment benefit1
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Assessment1
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Medical question1
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Impairment benefits1
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Assessment1
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Medical panel1
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Indemnity2
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Entitlement1
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Third party liability1
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Injury1
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Payment of compensation1
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Indemnity for employer or insurer paying compensation1
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Payable by third party otherwise liable for damages1
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Assessment of indemnity1
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Industrial deafness1
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Cumulative injuries1
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Award of compensation under 1958 Act table of maims1
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Injuries suffered in 20031
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Serious injury1
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Leave application dismissed1
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Injury arising out of employment1
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Whether employment a significant contributing factor1
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Morbid grief reaction following death of child1
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Injury arising out of or in the course of employment2
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Apprentice worker1
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Injury occurring while the worker attended a school as an apprentice1
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Serious injury1
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Common law damages entitlement1
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Injury arising out of or in the course of employment1
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Injury worsened by medical negligence1
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Damages1
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Jury trial2
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Causation1
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Assessment of damages1
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Negligence1
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Breach of statutory duty1
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Leave to bring common law proceedings11
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Appeal against refusal of leave1
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Serious injury1
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Damages2
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Serious injury2
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Serious injury8
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Cause of action arising before 12 November 19971
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Chronic pain condition1
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County Court1
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Foot fracture1
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Loss of earning capacity1
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Physiological change1
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Severe mental or permanent severe behavioural disturbance or disorder1
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Trial1
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Leave to commence common law proceedings1
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Time bar1
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Serious injury1
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Lump sum1
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Entitlement1
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One claim only per compensable event1
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Lump sum compensation1
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Costs1
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Worker succeeding on weekly payments claim and failing on lump sum claim1
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Magistrates' Court1
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Medical panel1
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Reference of medical question to medical panel1
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Medical panel2
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Magistrates' Court1
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Reference of medical question to medical panel1
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Opinion1
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Statement of reasons1
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Negligence1
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Duty of care1
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Proximity1
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Proscription on recovering damages for injury suffered between 12 November 1997 and before 20 October 19991
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Prescribed circumstances for recovering damages for injury suffered after 20 October 19991
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Necessary preliminary step for plaintiff to show he or she suffered a compensable injury after 20 October 19991
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Psychiatric injury1
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Common law claim1
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Damages1
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Serious injury16
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Aggravation of pre-existing condition1
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Proceeding commenced after 30 June 19941
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Common law proceeding for damages5
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Application for leave to bring proceeding2
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Preconditions for bringing common law proceeding1
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Proceeding commenced after 11 November 19971
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Right to institute proceeding accrued on 26 October 19971
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Damages2
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Injury occurring before 1 December 19921
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Pecuniary loss1
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Impairment1
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Assessment1
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Leave to bring common law claim1
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Loss of earning capacity1
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Leave to bring common law proceedings1
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Application refused1
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Leave to commence common law proceedings1
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Injury suffered on or after 20 October 19991
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Permanent impairment1
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Assessment1
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Physical and psychological injuries1
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Statutory certificate for psychological injuries only1
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Pre-existing condition1
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Instability likely to result in incapacity1
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Serious long-term impairment of body function1
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Identification of body function1
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Spinal injury1
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Whole person permanent impairment1
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Assessment1
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Statutory benefits increased1
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Increase applicable to pre-amendment injury1
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Employer's liability increased by "additional amount"1
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Support care worker for disabled persons1
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Back injury1
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Aggravation and acceleration1
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Victorian WorkCover Authority1
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Indemnity rights1
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Recovery proceeding1
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Victorian WorkCover Authority (VWA)1
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Entitlement to indemnity1
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Third party liability1
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Weekly payments6
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Calculation1
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Pre-injury average weekly earnings1
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Notice of rejection of claim1
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Validity of notice1
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Pleadings1
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Statement of claim1
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Recovery from injury within 12 months of commencement of weekly payments1
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Statutory requirement that employer re-employ worker1
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Serious injury1
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Total and permanent incapacity1
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Successful claim for arrears1
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Interest1
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Widow's claim arising from work-related death1
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Dependency1
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Earnings1
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Widow's claim for work-related death1
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Whether deceased person worker or independent contractor1
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Competing indicia1
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Work-related death1
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Dependency claim1
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Domestic partner1
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Workers' compensation insurer1
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"Responsibility costs" under statutory insurance policy1
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Victorian Workcover Authority1
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Workers' compensation scheme1
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Employer's levy1
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Classification of employer's industry1
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Contiguous areas1
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Worker's "current weekly earnings"1
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"Actual earnings during the week"1
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Whether net profits of business conducted by worker constitute worker's "actual earnings"1
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Redemption of weekly benefits1
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Workplace injury1
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Breach of statutory duty1
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Negligence1
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Manual handling1
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Accidental Fire1
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Acquisition Of Land4
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Application that claim for compensation be determined by Court rather than Land Valuation Board of Review1
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Whether questions of "unusual difficulty" or of "general importance" raised1
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Meanings of such phrases considered1
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Onus in relation to application1
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Claim for compensation against Housing Commission of Victoria1
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Claim by lessee for disturbance1
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Whether claimant "person displaced"1
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Whether inconsistency between provisions of the Lands Compensation Act 1958 and Housing Act 1958, s1021
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Compensation1
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Principles applicable in assessing compensation1
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"Market value", solatium", "direct pecuniary loss"1
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Land resumed "for the purposes of the Education Act"1
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Certificate headed "Land for School Site"1
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Sufficiency of notice1
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Possession taken before compensation paid1
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Act 16 And 17 Vict., C. 70, Ss. 125 And 1471
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"Lunacy Statute" (No. 309), s. 1661
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Lunatic resident in England1
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Lunatic's property in Australia1
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Order for sale1
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Act No. 1601
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"The Public Service Act 1883" (No. 773)1
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Act No. 1491
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State school teacher, dismissal of1
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Act No. 160, S. 271
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"The Public Service Act 1883," ss. 2, 761
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Public Service Board1
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Power to dispense with service of officer appointed under Act No. 1601
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Act No. 2281
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No. 409, ss. 124, 1311
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No. 446, sec. 71
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Mining company1
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Exclusive license1
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Act No. 2841
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Imprisonment for debt1
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Intent to defeat a particular creditor1
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Act No. 284, Ss. 2, 36
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Debtor's summons6
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Second summons for same debt6
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Act No. 310, S. 471
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Board of Health1
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Formation of private streets1
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Apportionment of expense1
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Notice1
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Act No. 313, S. 61
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Stock mortgage1
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Act No. 313, Ss. 5, 6, 71
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Stock mortgage1
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Registration1
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Act No. 319, S. 21
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Affidavit "made and signed"1
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Act No. 319, S. 31
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Order or conviction by justices1
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Drawing-up1
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Pronounced in party's presence1
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Act No. 446, Secs. 3, 41
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Leasing Regulations, 18711
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Deposit1
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Survey of interior lines1
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Act No. 502, S. 231
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Felony or misdemeanour1
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Trial upon the record of the Supreme Court1
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New trial1
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Act No. 521, S. 81
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By-law, illegality of1
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Mode of testing1
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Lease of land to a club for the amusement and recreation of the public1
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Power of club to make charges upon the public1
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Act No. 532, S. 11
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Act No. 5578
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Instruments and Securities Statute (Bills of Sale 1876), ss. 15, 168
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Contract for letting and hiring8
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Act No. 557, S. 141
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Production of affidavits1
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Act No. 557, Sec. 133
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Bill of sale3
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Affidavit of renewal2
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Manager of banking corporation1
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Annual affidavit1
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Error in statement of amount due1
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Trespass1
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Act No. 557, Sec. 151
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Bill of sale1
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Contract in writing of absolute sale1
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Act No. 557, Ss. 15, 161
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Contract of sale1
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Contract of letting and hiring1
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Consideration, inaccuracy in statement of1
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Act No. 5712
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Order to prohibit1
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Order to quash1
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Order to prohibit1
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Act No. 571, S. 14
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Order to prohibit4
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Act No. 571, S. 42
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Justices of the Peace2
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Rule to quash decision of1
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Statutory order to quash1
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Act No. 627, Ss. 8, 9, 17, 221
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Curator of felon's estate1
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Assignment of property after completion of sentence1
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Trust property1
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Practice1
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Act No. 630, Sec. 21
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Regulation prohibiting processions1
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Act No. 78, S. 11
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Innkeepers, liability of1
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Inn, definition of1
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Coffee Palace1
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Loss of goods1
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Act No. 808, S. 171
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Order XIX., r. 271
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Order XXV., r. 41
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Patent1
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Act No. 842, S. 21
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Trustees &c. Company1
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Appointment by executor of company to apply for administration c.t.a.1
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Act No.3081
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Trust for A. or his "representatives"1
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Vested interest1
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Parties1
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Act Of God1
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Carriage of goods by sea1
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Special contract1
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Obligation of shipowner, where ship not destroyed1
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Implied warranty of seaworthiness1
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Act Of Parliament2
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Construction1
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"Passing" of Act1
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Permissive words only1
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Authority to commit a nuisance1
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Act Repealing And Re-enacting Provisions Of Former Act1
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Intermediate legislative steps between two Acts1
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References in another Act or document to repealed provisions1
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"Contrary intention"1
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Electoral Act 1910 (No. 2288)1
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Action3
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Compromise of action1
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Action struck out1
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Defendant failing to carry out terms of compromise1
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Reinstatement of action1
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Felony1
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Loss occasioned by felonious act of servant1
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Prosecution for felony pending1
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Stay of action for recovery of money allegedly feloniously obtained1
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Fraudulent omission by defendant to account for money collected on behalf of plaintiff1
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Stay of civil action based on felony1
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Alleged felony by employee of defendant1
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Action Against Executor1
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Action, Cause Of2
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Inducing employer not to engage workman1
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Interference1
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Just cause or excuse1
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Self-interest1
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Interference with legal right1
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Intent to injure1
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Lawful excuse1
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Combination to further own interests1
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Action For Debt In Supreme Court Which Might Have Been Brought In County Court1
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Application to stay proceedings upon payment of debt1
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Action to establish charge on land in respect of unpaid rates1
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Jurisdiction1
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Administration37
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Act No. 842, ss. 5 and 61
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Act of foreign court1
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Creditor's Suit1
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Death in 18671
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Right to renounce as to first testator's estate1
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Foreign Court1
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Probate and Administration Rules 1906, rr. 4, 151
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Rr. 6, 191
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Administration Act 1872, S. 61
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Administration of Justice Act 1885, s. 81
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Administration Act 1890 (no. 1060), S. 401
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Affixing seal of Court to exemplification of English probate1
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Evidence Act 1890 (No. 1088)1
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"administration Act" (no. 427), Sec. 171
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Supreme Court Rules, June 23, 1873, r. 161
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"administration Act" (no. 427), Sec. 201
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Administration and Probate Act 1907 (No. 2120), s. 51
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County Court Act 1928 (No. 3663), sec. 87 (6)1
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Powers of trustee1
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Purchase of dwelling-house1
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Payment out of corpus1
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Alleged revocation of earlier by later will1
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Later will missing1
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Application referred to Court1
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Grant of administration c.t.a.1
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Caveat lodged after grant but before issue1
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Application for grant of administration ad colligenda bona1
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Administration and Probate Act 1958 (as amended) (No. 6191), s57(1)1
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Application for grant of probate1
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Caveat1
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Lodged after order signed by Registrar and sealed with seal of court before issue1
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Application for probate1
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Practice1
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Codicil not duly executed1
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Infant beneficiaries1
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Application for probate in solemn form of will and the contents of an envelope referred to therein1
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Whether application could be made by motion1
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Administration and Probate Act 1958 (No. 6191), s12(2)(b)1
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Application that attesting witness be entitled under will1
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Statutory provisions considered1
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Persons on whom notice of application may be served1
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Whether entitlement known to and approved by testatrix and whether undue influence1
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Appointment of administrator ad litem1
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To represent estate in contemplated action and to enforce indemnity1
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Necessity for notice of application1
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Supreme Court Act 1928 (No. 3783), sec. 171
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Appointment of independent administrator and trustee1
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Indemnity for future services1
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Whether remuneration of independent administrator should be borne by former trustee’s share of the estates1
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Assets of testator difficult to realise1
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Postponement of conversion1
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Interest and other expenses incurred for preservation of property1
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Attorney under power of English executor1
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Sealing of exemplification of English probate by attorney1
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Executor of attorney, position of1
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Administration and Probate Act 1958 (Vic), pt IV1
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Codicil1
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Validity of1
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Execution1
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Writing other than signature not seen by witnesses1
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Common disaster1
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Uncertainty as to order of deaths1
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Presumption younger survived elder1
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Deaths of two brothers about the same time1
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Evidence upon the probabilities as to which person died first1
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Whether it was "uncertain" as to which of them survived so that by statute deaths presumed in order of seniority1
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Administration and Probate Act 1958 (No. 6191), s12(2)(b)1
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Dispensation of sureties to administration bond1
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Application for dispensation by Public Trustee of South Australia1
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Document propounded as a will1
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No description of subject of disposition1
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Ashes of cremated body1
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Estate Duty Assessment Act 1914-1928 (No. 22 of 19141
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Life insurance policy for benefit of wife1
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Powers of governing director1
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Administration and Probate Act 1890 (No. 1060), s. 1121
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Administration and Probate Act 1903 (No. 1815), s. 81
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Settlement1
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Settlement1
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General power of appointment1
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Property forming subject of charitable gifts1
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Duty on1
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Upon what part of estate to be apportioned by executor1
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Estate fully administered1
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Several beneficiaries entitled to residue in remainder1
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Whether any interest in individual assets forming part of estate1
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Mortgages on real estate1
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Estate of a deceased person1
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"Gift inter vivos"1
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"Settlement"1
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Disposition to "taking effect upon or after the death" of settlor1
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Estate of deceased1
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Transfer of land to beneficiary1
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Service1
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Removal1
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Conflict of interest and duty1
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Renunciation of probate1
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Executor propounding will1
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Probate granted1
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Administration and Probate Act 1928 (No. 3632), s591
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Procedure where one executor does not wish to participate in claim for commission1
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Will providing commission payable as provided by law in respect of trustee companies1
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Whether legacy of lump sum to executor1
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Whether commission payable only if work is actually done1
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Executor's statement1
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Inclusion of debt or liability1
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Contingent amount1
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Request to Commissioner to state Special Case1
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Expenses of administering will1
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Share of residue to bear1
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State probate duty1
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Failure of executrix to prove or to renounce probate1
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Only assets land alienated by testator by assignment impeachable under 13 Eliz., c. 51
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Grant of administration c.t.a. to creditor1
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Family provision3
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adult ex nuptial son for further provision1
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"Final distribution" of estate1
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Commencement of proceeding1
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Time limitation1
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No application to be heard unless made within fixed period or within further time allowed by court1
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Forfeiture rule1
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Beneficiary guilty of defensive homicide of testator1
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Scope of application of forfeiture rule to manslaughter and analogous homicides1
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Public policy1
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Grant of administration ad colligenda bona1
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Application for such grant1
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Principles upon which such grant may be made1
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Protection of assets of estate where usual representation not obtainable promptly1
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Grant of letters of administration1
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Sureties to bond1
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Secured creditors1
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Notice to1
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Grant of letters of administration obtained by fraud1
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Death of grantee1
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Caveat1
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Caveat lodged after grant but before issue of letters of administration1
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Procedure1
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Inclusion of property in estate for purposes of duty1
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Non-testamentary disposition of personal property situated outside Victoria1
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"Property"1
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Taxing powers in statutes1
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Informal will1
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Deceased made both formal will and informal document purporting to express different testamentary intentions1
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Requirements for entering informal will into probate1
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Whether informal document intended by deceased to be her will1
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Inquiries as to next of kin1
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Reference to chief clerk1
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Insolvent estate1
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Administration in bankruptcy1
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Policies of life assurance or endowment1
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Accident policy1
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Multiple partners of deceased1
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Deceased survived by estranged spouse and unregistered domestic partner1
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Application for letters of administration1
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Mental incapacity of only person entitled to distribution1
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To whom grant should be made1
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Disappearance of next of kin more than seven years before intestate1
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Commorientes1
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Distribution of estate1
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Estate less than 1,000l.1
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Child of intestate adopted1
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Rights of intestate's widow1
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Validity of deceased's marriage1
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Wife's status at time of marriage1
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Disappearance of first husband1
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Intestate1
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Next of kin entitled to administration resident abroad1
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Authority to trustee company to obtain administration1
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Form of grant1
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Intestate estate1
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Securities1
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Joint owners may compose one1
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The test1
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Jurisdiction1
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Private international law1
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Motor car collision in Victoria with non-resident1
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Death of non-resident subsequently1
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Sealing of foreign letters1
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Letters of administration cum testamento annexo1
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Sealing English letters of administration1
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Power of attorney1
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Verification and authentication1
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Limited grant2
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Supreme Court Act 1928 (No. 3783), sec. 172
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Administration and Probate Act 1928 (No. 3632), secs. 16, 66, 1702
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Maintenance2
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Arrears owing at death of father1
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Whether estate liable to pay1
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Maintenance of widow of deceased person1
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Will1
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In favour of testator's sister1
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No provision for widow1
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Maintenance of wife1
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Order made in another State made enforceable in Victoria1
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Arrears owing at death of deceased1
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Whether a debt or liability executor under a duty to pay out of deceased's Victorian estate1
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Motion for leave to withdraw renunciation1
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Court's discretion1
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Whether retraction should be for the benefit of the estate or those interested under the will1
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Notice of intention to apply for letters of administration of deceased estate duly advertised1
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Application refused1
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Power of Court to grant probate of deceased's will without further advertisement1
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Omission of phrase from will1
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Option in partnership deed whereby deceased partner's interest purchased by surviving partner1
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Share in goodwill not shown as part of estate for duty purposes1
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Administration and Probate (Estates) Act 1951 (No. 5590), s4(1), s8(1)1
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Partial intestacy1
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Assets in Victoria and China1
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Whether intestacy provisions of Victorian law or Chinese law apply1
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Passing executor's accounts1
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Procedure by originating summons1
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Whether still available1
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Administration and Probate Act 1928 (No. 3632), sec. 591
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Payment of legacies and annuities1
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Where lapsed share of residue1
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Whether payment to be made out of lapsed share or general residuary estate1
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Intestacy arising only after death of life tenant1
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Practice20
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Allegation of lack of testamentary capacity1
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Propounder's right to split case1
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No splitting of case on issue where propounder has led some evidence1
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Caveat1
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More than one lodged1
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Whether separate orders nisi should be granted1
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Commission2
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Executors1
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Administrators1
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Contested will1
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Application by propounders for interrogatories1
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Jurisdiction to order1
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Costs1
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Executors and trustees1
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Passing accounts1
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Executor1
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Application for leave to pass accounts1
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Managing clerk of executor's solicitor acting as solicitor for beneficiaries1
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Executors and trustees1
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Administrators1
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Application to pass accounts and for commission1
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Executors passing accounts1
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Order for commission1
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Beneficiary out of Commonwealth1
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Executors seeking probate of earlier will1
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Later will allegedly invalid1
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Notice to beneficiary under later will1
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Foreign will2
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Power of attorney1
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Grant of administration1
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When made1
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Grant by Registrar1
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Letters of administration granted by High Court of Justice in England1
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Production for sealing with seal of Supreme Court1
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Power of attorney1
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Probate4
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Caveat3
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Discovery2
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Order nisi for probate1
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Executrix having possession of will neglecting to prove or renounce1
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Caveat lodged1
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Proof of will in solemn form1
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After grant of probate1
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Scandalous or defamatory words1
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Presumption of legitimacy1
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Presumption of paternity1
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Presumption of parenthood1
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No presumption of maternity1
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Probate12
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Deceased domiciled in England1
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Property in Victoria1
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English will1
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Execution of will2
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Printed form2
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Document partly printed and partly in testator's handwriting1
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Incomplete sentence followed by testator's signature and attestation clause on first page1
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Foreign probate, exemplification of1
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Copy of foreign probate not contained1
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Whether necessary1
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Payment of duty1
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Person absolutely entitled to interest in land1
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Voluntary transfer to another person on joint tenancy1
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Resealing foreign probate1
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Executor of deceased executrix1
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Not entitled to apply1
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Sealing of foreign probate1
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Grant by Court in United Kingdom1
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Northern Ireland1
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Soldier's will1
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Testator under twenty-one years of age1
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"Being in actual military service"1
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Validity of will1
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Will drawn by legatee1
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Capacity of alleged testator1
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Will1
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Solicitor and client1
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Gift to solicitor of testatrix1
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Will appointing spouse of testator as executor1
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Divorce of executor and testator subsequent to final will1
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Statutory presumption that appointment of executor revoked upon divorce1
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Will made in Australia1
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Later foreign will1
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Whether later will revoked will made in Australia1
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Probate and Estate duties on property the subject of a general power of appointment1
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Direction to pay out of residue "State and Federal duty payable upon the estates of deceased persons"1
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Duties directed to "be paid out of my estate in gross so as not to be specifically charged or apportioned against beneficiaries"1
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Whether appointed property should bear proportion of duties1
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Probate duties1
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Seat on Stock Exchange1
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Sold after testator's death1
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Proceeds of sale in hands of executors1
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Probate duty10
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Assessment1
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Gift inter vivos1
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Value of property given1
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Gift duty1
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Gift inter vivos1
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For religious purposes1
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"Gift inter vivos"1
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"Settlement"1
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Meanings thereof1
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Gift of property within 12 months before death of donor1
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Twelve assignments1
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Principle upon which duty calculated1
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Gift of property within twelve months before death of donor1
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Several gifts1
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Principle on which duty calculated1
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Hardship Relief Board1
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Application for relief from duty1
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Power of Board to entertain application made after duty has been paid1
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Immediate gift2
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Possession and enjoyment to exclusion of donor1
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Husband and wife1
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Possession and enjoyment to the exclusion of the donor1
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Husband and wife1
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Public charitable bequest1
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Assets of testator in New South Wales and Victoria1
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Gift to charities in Victoria1
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Statement for duty1
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Deductions1
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Debts due1
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Probate "granted" by Registrar2
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Caveat lodged subsequently, but before issue1
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Procedure1
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Parchment not issued1
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Change of name of executor company1
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Powers1
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Probate granted in England1
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Sealing probate in Victoria1
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Form and contents of exemplification1
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Copy of will1
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Probate granted in United Kingdom1
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Sealing in Victoria1
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Application by attorney under power of executors1
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Power of attorney1
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Probate of Will1
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Objections to probate1
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Particulars of objection1
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Testamentary incapacity as a result of delusions1
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Probate of will1
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Signature at foot or end of will1
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Printed form1
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Dispositive provisions contained on first page which was duly executed1
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Probate practice1
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Caveat1
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Order nisi1
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Withdrawal of caveat after service of order nisi1
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Proceeding on behalf of estate1
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Executor unwilling to take action1
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Testator leaving estate to one child1
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Testator's inter vivos transfer of largest asset to sole beneficiary1
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Provision for maintenance of widow out of estate, application for1
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Time fixed by Act1
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Summons "taken out" after six months from date of probate1
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Court has no jurisdiction to amend1
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Public Trustee1
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Probate of will in common form granted to Public Trustee1
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Parties compromising matters in issue1
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Whether propounder protected by order granting probate in solemn form against persons not represented at present hearing and not parties to the compromise1
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Public policy1
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Manslaughter of testator by wife beneficiary1
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Purposive trust for the publication of a book1
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No indication of character or content of the work to be published1
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Purposive trust for the preparation and publication of the testator's own literary works1
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Removal of executor2
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Unfit or incapable1
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Executor unable to be found1
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Completed administration1
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"Unfit" to act1
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Default in paying beneficiaries1
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Renunciation of probate1
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Administration with will annexed1
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Entitlement1
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Person with greatest interest under will1
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Renunciation of probate by executor1
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Deed of renunciation1
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Intermeddling by executor in the estate1
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Infant beneficiaries1
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Revocation of first will in belief that second will contained two clauses similar to those in the first will1
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Clauses omitted in error1
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Jurisdiction to admit to probate second will and two clauses of the first will with declarations that revocation clause in second will not to extend or apply to them1
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Revocation of probate2
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Living executor1
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Right of Curator of Estates of Deceased Persons to apply for revocation and administration pendente lite1
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Original grant obtained by fraud1
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Sealing of foreign probate1
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Revocation of foreign grant1
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Revocation of sealing1
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Settlement2
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Whether gift inter vivos1
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Gift to persons in being with limitations to persons who may not be in being at the death of the settlor1
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Whether gift inter vivos1
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Settlement containing trusts or dispositions to take effect after death1
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Duty1
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Person taking child of settlor1
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Half rate "if total value of whole of estate of deceased under 2000l."1
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Show cause why will should not be proved1
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Inter- meddling in estate1
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Application by executors for administration with the will annexed1
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Renunciation by executor of probate1
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Soldier's will1
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Will lost or destroyed1
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Evidence of making will1
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Statement for duty1
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Summons to file1
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Directed to executor de son tort1
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Whether such an executor may be called upon1
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Summons to executor to file statement for duty1
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Service out of jurisdiction1
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Setting aside order made on summons1
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Administration and Probate Act 1928 (No. 3632), sec. 1551
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Summons to executor to prove will3
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Power of Court on return of summons1
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Power to grant administration with the will annexed1
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Formal renunciation of probate by executor not filed in Court1
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Return of summons1
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Grant of administration with will annexed1
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Whether made by Court or Registrar of Probates1
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Will brought into court1
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No extant application for probate1
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Court asked forthwith to grant probate subject to compliance with requirements of Registrar of Probates1
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Survival of actions1
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Testator's family maintenance1
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Survival of actions in tort1
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Proceedings against estate of deceased person1
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To be taken within six months of grant of probate1
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"Took out representation"1
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Testator leaving property in Victoria1
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Will not disposing of any property in Victoria1
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Probate, when Court will grant1
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Sealing exemplification of foreign probate1
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Testator's Family Maintenance2
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Application by adult daughters for extension of time for making application1
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Lapse of over three years since grant of probate1
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Estate not finally distributed1
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Application for maintenance to be made "within six months after the date of the grant of probate"1
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Application made within six months of date of issue of probate to executors but more than six months after endorsement of "grant" on praecipe for probate by Registrar of Probates1
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Whether application made in time1
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Testator's family maintenance30
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Admissibility of deceased's statements as to relationship with applicant1
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Reasons of deceased for excluding adult son from will1
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Statements of deceased not to be used as evidence of truth of facts stated1
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Adopted child1
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Application for order that provision be made from estate of deceased for proper maintenance and support of married adopted daughter1
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Whether order may be made in favour of adopted child1
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Application by adult daughter for extension of time for making application1
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Adequate provision for applicant at date of testator's death1
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Deterioration of applicant's financial circumstances1
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Application by adult son2
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Adequate provision1
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PtV, Administration and Probate Act 1928 (No. 3632), s1391
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Testator's estate very large1
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"Adequate provision for the proper maintenance and support"1
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Application by adult son, divorced wife and widow1
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"Adequate provision for the proper maintenance and support"1
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Principles to be applied to a claim by an adult son1
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Application by divorced wife1
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"Adequate provision for proper maintenance and support"1
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Provision for divorced wife1
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Application by illegitimate children of deceased1
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Whether such children "dependant on or supported by the deceased"1
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Dependency or support by provision of physical things1
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Application for1
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"No application shall be heard by the Court . . . unless application is made within six months after date of grant"1
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Meaning1
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Application for extension of time1
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Oversight by solicitor1
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"Final distribution" of estate1
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Application to extend time within which to apply for further provision out of estate1
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So-called "manifest injustice" which would be incurred by applicant if extension not granted1
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Whether a proper matter for Court's consideration1
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Application to extend time for making application1
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Widow ignorant of rights for seven years after death of intestate husband1
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Whether a "final distribution of the estate" so that no provision could be made "out of the estate"1
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Application to extend time within which to apply for further provision out of estate2
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Lapse of 13 months after grant1
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Whether delay excusable1
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Lapse of two and a half years since applicant obtained his majority and before application for extension1
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Principles to be considered1
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Character or conduct of applicant disentitling1
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Failure to practise or adhere to a particular religion1
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"Children"1
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Retroactive operation of repeal of definition of "children"1
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Application by children more than six months after grant of letters of administration1
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Claim by adult daughter with adult children1
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Will making no provision for applicant but estate divided between applicant's children1
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Applicant the only child of testatrix1
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Extension of time for making application1
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Bankruptcy of applicant1
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Financial stringency1
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Husband's moral duty to make provision for widow1
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Character or conduct of applicant disentitling her to provision1
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Testator's suspicions as to widow's conduct unjustified1
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Large estate1
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Provision for child1
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Whether aliquot portion of estate or specified sum should be awarded1
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Married daughter1
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Circumstances in which discretion will be exercised in her favour1
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Relevance of husband's means and ability to support her and their prospects in life1
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Moral claim of applicant on testator1
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Declaration of testator1
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Discretion of primary Judge1
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No provision made by testator for adult daughter living apart from parents and supporting herself1
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Application by daughter for provision out of testator's estate1
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More consideration to be given to applicant in case of adult daughter than in case of adult son1
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Order made2
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Liberty to apply1
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Jurisdiction to make further order1
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Provisions in will supplanted not supplemented1
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Application to vary order1
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Practice1
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Application for further provision out of estate1
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Procedure where problems of construction or administration arise1
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Remarriage of testator's widow between testator's death and application1
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No breach of moral duty1
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Exercise of court's discretion1
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Testator divorced1
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Question of maintenance for former wife reserved1
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Application by former wife1
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Whether power to order life interest in real estate1
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Administration and Probate Act 1928 (No. 3632), Part V.1
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Widow's claim1
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Compromise1
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Enforceability1
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Two documents in form of wills executed on same day1
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One will later destroyed at deceased's request1
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Animus testandi1
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Animus testandi at time of execution1
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Whether children were entitled to share in estates1
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Such question depending on Legitimacy of children and proof of marriage of parents1
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Father of children living with mother as though they were married for nearly 50 years1
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No marriage certificate produced1
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Whether pecuniary legacies a mere charge upon real estate or primarily payable from proceeds of real estate1
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Gift of residue to trustees1
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Trustee beneficiaries hold for next of kin1
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Legatees not paid within 15 years1
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Widows and young children2
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Maintenance2
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Application by widow1
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Husband and wife living apart under separation deed1
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Orders made1
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Jurisdiction to make further order1
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Widow's maintenance1
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Applicant's moral claim, on testator1
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Widowhood prim facie proof of such moral claim1
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Character or conduct of applicant1
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Will55
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Admission to probate1
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Duplicate copies of will1
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Testator signing both copies1
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Annuity to widow1
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Surplus income "subject to annuity" disposed of to son1
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Insufficient income to pay annuity1
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Application for probate of copy1
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Original lost1
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Last in testator's possession, but not forthcoming at death1
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Appointment of general executors1
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Testator a trustee of an estate1
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Separate appointment of executors of the trust estate1
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Beneficiary signing as witness1
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Share undisposed of1
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Closer settlement lease1
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Bequest of "my life policy"1
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Testator holder of four similar life policies at date of death1
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Testator's mistake1
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Caveat1
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Practice1
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Particulars of objection1
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Codicil1
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Revocation1
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Second codicil conditional on beneficiary predeceasing testator but otherwise in identical terms with first codicil and confirming will1
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Construction3
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Application of assets1
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Payment of legacies1
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Printed form1
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Marginal instructions1
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Substitutional gift "to his heirs"1
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Intestate succession1
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Dependent relative revocation1
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Destruction by testatrix with intention to revive earlier will1
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Declaration of intention not contemporaneous1
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Disappearance of legatee more than seven years before testator's death1
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Distribution of estate1
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Whether legatee survived testator1
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Document consisting of printed will form with additions in manuscript1
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Witnesses' signatures appear on first page of document at the foot of the attestation clause and on third page of the document1
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Document not signed by testator in the presence of the witnesses1
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Document consisting of three sheets of paper unattached1
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First and second sheets of paper containing dispositive clauses signed by testator and two witnesses1
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Third sheet of paper containing only the date of the will, the attestation clause and signatures of the testator and the two witnesses1
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Document consisting of two sheets of paper unattached1
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Dispositive clauses on one sheet signed by deceased1
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Second sheet of paper containing attestation clause and signatures of two witnesses1
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Evidence1
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Statement in document written by testator1
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Admissible as tending to prove document propounded is not testator's will1
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Execution13
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Acknowledgment1
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Attestation2
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Will made by testator on printed form1
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Will made by testatrix on printed form1
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First page alone executed1
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Incorporation of other pages1
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Position of signature2
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Signature indorsed on document2
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Probate1
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Incorporation by reference of document not duly executed1
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Signature1
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Part of an initial letter only1
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Signature at end of dispositive provisions and above appointment of executors1
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Signature by testator and two witnesses2
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No formal attestation clause1
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Presumption of due execution1
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Whether acknowledgment by testator of his signature "in the presence of" both witnesses required1
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Whether attesting witnesses to will required to sign in the presence of each other1
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Whether testatrix should acknowledge her signature in the presence of both witnesses, both being present at the same time1
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Foreign company appointed executor1
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Grant of administration c.t.a. to syndic1
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Syndic not in Victoria1
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General and specific legacies1
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Shares held at date of will later subject of take-over transaction1
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Effect of bequests1
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Gifts made subject to provision that bequests should revert back to estate if beneficiary predeceased testator and residuary bequests made after legacies and "subject to the above"1
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Priority of payment of debts etc.1
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Incidence of Victoria probate duty, debts, funeral and testamentary expenses, pecuniary legacies, and a legacy on estate as between surviving residuary beneficiary's interest and that of next of kin1
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Grant of administration c.t.a.1
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Testator's signature in attestation clause1
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Witnesses unable to remember signing by testator1
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Intention of testator1
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Undischarged mortgage on land devised1
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Gift of residue subject to payment of "all my just debts" and "all other charges"1
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Omission of words from probate copy1
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Jurisdiction1
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Originating summons1
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Deaths of two persons occurring about the same time1
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Evidence of survivorship1
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Personal representative not a party to proceedings1
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Application for costs from the estate1
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Whether rules of natural justice apply1
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Practice1
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Executor seeking probate of earlier will1
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Later will challenged1
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Probate2
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Devises to two sons of allotments described in general terms in written instructions executed as a will1
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Particulars of volume and folio numbers of certificates of title relating to devises afterwards supplied by testator1
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Mutilation1
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Specific bequest cut out by testatrix1
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Remote execution procedure1
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Testator made will with witnesses attending remotely via audio-visual link1
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Requirements for satisfying remote execution procedure1
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Representative of Australian Red Cross Society with the army1
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Will made in army hospital1
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Whether "being in actual military service"1
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Revocation1
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Unauthorised act of destruction1
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Possibility of ratification1
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Share of residue undisposed of1
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Whether pecuniary legacies to be paid thereout1
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Soldier1
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Killed on active service1
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Oral statements1
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Testator intending to benefit son and others from farm owned by him and wife as joint tenants1
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Legal estate in property vesting in surviving spouse1
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Whether testator still retained beneficial interest in property1
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Testator possessed of land settlement leases1
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Payments to be made thereunder to establish freehold right1
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Specific devises of testator's "estate and interest" in lands subject to leases1
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Testator's family maintenance1
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Application within six months of grant of probate1
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Application out of time1
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"The remainder of my money"1
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Widow left without sufficient means of support3
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Application for provision out of testator's estate3
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Distressed circumstances of widow1
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Husband and wife living apart under separation deed1
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Matters to be considered by Court1
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Will and codicil1
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Practice where validity of codicil in doubt1
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Executor seeking probate of will alone1
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Onus of proof on executor1
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Will appointing "the Salvation Army" as executor and bequest thereto1
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Grant of letters of administration with the will annexed to The Salvation Army (Victoria) Property Trust1
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Will lost since death of testator1
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Application for probate1
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Will naming particular individual as executor1
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Mistake of testator as to name1
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Intention to appoint some other person executor1
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Extrinsic evidence of intention inadmissible1
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Will not forthcoming at date of death1
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Whether destroyed animo revocandi1
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Later document purporting to be will1
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Not executed in accordance with Wills Act1
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Will not forthcoming at death1
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Application to prove copy1
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Presumption of destruction animo revocandi1
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Presumption of law1
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Will of soldier in actual military service1
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Application for probate1
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Completed document in handwriting with testator's Christian name incorrect but identification proved1
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Unsigned and unattested1
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Will, validity of1
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Will not executed in conformity with Wills Act1
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Later valid will1
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Subsequent codicil executed after later will on back of earlier informal will1
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Wills1
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Caveat1
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Grant of probate1
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Caveat lodged after grant1
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Wills and codicils1
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Validity of will1
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Hand-written will1
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Suspicious circumstances1
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Words included in will by mistake or inadvertence1
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Grant of probate omitting such words1
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Presumption upon due execution of will that testatrix knew and approved contents1
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Presumption rebuttable1
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Worker’s common law claim in respect of employment injury1
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Statutory requirement for leave to proceed1
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Claimant died after filing writ and before leave applied for1
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Whether cause of action survived for the benefit of the estate1
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Administration And Probate Act 18901
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Probate duty1
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Sale of land in New South Wales1
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Purchase money payable in Victoria1
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Vendor's lien1
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Administration And Probate Act 1890 (no. 1060), Part V.1
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Power of appointment by deed or will1
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Will operating as exercise of power of appointment1
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Direction to pay debts out of property subject to power of appointment1
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"Personal estate of or to which deceased was at his death possessed or entitled"1
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Administration And Probate Act 1890 (no. 1060), Part V., Ss.97, 981
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Probate duty1
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Bona notabilia1
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Locality of specialty debts1
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Specialty debts secured by mortgage of lands outside Victoria1
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Administration And Probate Act 1890 (no. 1060), S. 1031
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Apportionment of liability to duty as between beneficiaries1
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Liability to duty of annuity directed to be raised on land1
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Sum charged upon land1
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Administration And Probate Act 1890 (no. 1060), S. 1125
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Administration and Probate Act 1903 (No. 1815) ss. 8, 9, Schedule II., Part II.1
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Settlement1
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Trusts or dispositions to take effect after the death of the settlor1
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Trusts to take effect upon death of survivor of settlor and wife1
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Administration and Probate Act 1903 (No. 1815), ss. 8 and 91
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Settlement1
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Duty1
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Trusts and dispositions to take effect after death1
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Duty payable on voluntary settlement1
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Trusts or dispositions to take effect after death of settlor1
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Marriage settlement1
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Trusts for children of former marriage1
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Liability of settlement to duty1
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Probate duty1
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Administration And Probate Act 1890 (no. 1060), S. 1152
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Duty payable on property conveyed in evasion of Act1
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Parties chargeable with duty1
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Non-liability of executors for duties on property which never vested in them1
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Probate duty1
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Transference of property in alleged evasion of duty1
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Parties chargeable with duty1
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Liability of executors1
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Administration And Probate Act 1890 (no. 1060), S. 172
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Administration2
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Surety2
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Assignment2
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Administration And Probate Act 1890 (no. 1060), S. 237
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Administration And Probate Act 1890 (no. 1060), S. 264
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Commission1
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Corpus1
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Commission to executors, administrators, or trustees on passing accounts1
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Allowance on income of investments of accumulated rents of real estate1
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Discretion of Chief Clerk1
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Commission to trustee1
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Legacy to executors and trustees "as remuneration for acting as trustees"1
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Administration And Probate Act 1890 (no. 1060), S. 402
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Intestate Estates Act 1896 (No. 1419)1
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Intestate dying domiciled out of Victoria1
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Widow's charge of 1000l.1
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Mortgage debt, movable or immovable1
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Sealing probate in Victoria1
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Administration And Probate Act 1890 (no. 1060), S. 972
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Estate of deceased person1
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Statement of estate filed by executor1
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Value of personal property1
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Property consisting of deposit receipts and shares in reconstructed banks1
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Statement of assets and liabilities1
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Probate duty1
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Administration And Probate Act 1890 (no. 1060), S. 993
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Appeal from decision of Master in Equity1
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Duty on estate of deceased person1
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Assessment of duty1
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Appeal from determination of Master in Equity1
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Evidence on appeal1
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Valuation of estate1
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Appointment of valuator by Commissioner1
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Valuation by Commissioner1
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Procedure by summons1
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Administration And Probate Act 1890 (no. 1060) Ss. 15, 162
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Administration bond1
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Application to dispense with sureties1
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Consent of persons interested1
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Probate practice1
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Administration bond1
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Dispensing with bond1
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Administration And Probate Act 1890 (no. 1060), Ss. 15-172
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Sureties2
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Agreement by beneficiaries to release and indemnify sureties for loss arising from maladministration2
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Public policy1
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Administration And Probate Act 1890 (no. 1060), Ss. 15, 40, 431
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Supreme Court Act 1890 (No. 1142), s. 201
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Probate jurisdiction1
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Sealing letters of administration granted in another colony1
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Administration bond1
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Administration And Probate Act 1890 (no. 1060), Ss. 19, 40, 41, 42, 451
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Sealing foreign probates1
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Caveat1
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Administration And Probate Act 1890 (no. 1060), Ss. 39, 40, 461
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Probate law1
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Letters of confirmation1
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Exemplification1
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Administration And Probate Act 1890 (no. 1060), Ss. 8, 9, 40, 441
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Attorney under power of English administrator1
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Administration And Probate Act 1890 (no. 1060), Ss. 97, 981
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Statements of assets and liabilities1
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Probate duty1
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Administration And Probate Act 1890, Ss. 39, 401
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Exemplification of probate1
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Probate granted in New South Wales to three executors1
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Administration And Probate Act 1903 (no. 1815), S. 113
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Probate duty1
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Immediate gift1
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Possession and enjoyment to exclusion of donor1
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Property chargeable with duty1
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Probate1
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Duty1
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Gifts1
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Transfer in consideration of marriage1
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Gift1
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Covenant to transfer1
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Administration And Probate Act 1907 (no. 2120), S. 5 (1)1
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Executors1
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Discharge of one1
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Appointment of administrator in his place1
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Necessity of1
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Administration And Probate Act 1907 (no. 2120), S. 71
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Authority to trustee company1
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Revocation1
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Form of authority1
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Administration And Probate Act 1911 (no. 2342), Ss. 3, 41
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Executor1
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"Claim against estate"1
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Intention of person to apply to revoke probate1
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Administration And Probate Acts, 1890 (no. 1060), Part V.; 1903 (no. 1815), Ss. 3, 111
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Properties transferred by way of gift, etc., during life of donor1
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Probate duty1
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Whether payable by transferred properties or by estate1
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Effect of provision in will for payment of duty payable on estate1
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Administration And Probate Acts 1890 (no. 1060), S. 97, 1892 (no. 1261)1
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Probate duty1
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Value of estate1
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Antenuptial settlement1
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Debts due by testator1
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Administration And Prolate1
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Curator1
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Rule to administer1
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Subsequent purported grant of letters of administration by Registrar1
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Administration Bond3
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Covenant by administratrix to administer according to law and to indemnify sureties against loss1
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Breaches of duty by administratrix proving beneficial to estate1
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Surety1
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Notice to surety1
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Administration Cum Testamento Annexo2
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Right of Curator of Intestate Estates to appear on such application1
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Right of corporation aggregate to administration1
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"Extracted copy of Will"1
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"administration Of Justice Act 1885" (no. 844), Sec. 7 (sub-sec. 3), Sec. 81
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"The County Court Statute 1869" (No. 345), ss. 35, 56, 67, 681
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Notice of defence by attorney who has not signed roll1
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Striking out case1
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Administration Practice1
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Administration and Probate Act 1907 (No. 2120), s. 5 (1) (2)1
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Removal of executor1
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Parties to summons1
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Administration Probate1
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Administrator ad litem appointed in relation to actions against deceased estate1
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Supreme Court Act 1928 (No. 3783), s171
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Supreme Court Act 1958 (No. 6387), s171
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Administrative Law Act 1978 (Vic) s 101
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Direction later rescinded1
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Instrument of delegation ‘in respect of’ coercive powers order1
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Commercial passenger licence1
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Whether licence relates to operation of vehicle as public commercial passenger vehicle under contract1
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Transport Act 1983 (No. 9921), s147, s148. Administrative law1
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Revocation of determination as to the term of licence1
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Coroners Court1
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Objection to giving evidence on ground of self-incrimination1
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Equal opportunity9
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Estate agent1
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Penalty imposed by Tribunal1
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Whether penalty manifestly excessive1
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Estoppel1
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Planning and environment1
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Contravention of statutory planning controls1
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PIN stating that upon timely compliance no further enforcement action would occur1
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Declaratory relief sought against public authority by private individual1
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Application to council for permission to desludge septic tank1
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Permission refused on ground of non-compliance with policy of council1
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Freedom of Information1
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Freedom of information20
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Multiple requests1
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Exemption1
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Documents disclosing information relating to trade secrets or matters of business, commercial or financial nature1
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Whether phrase "other matters of a business, commercial or financial nature" should be read restrictively1
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Agency not required to identify documents or specify exemption1
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Information communicated in confidence to agency1
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Document disclosing opinion or advice for deliberative purposes of agency1
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Override power to order release of exempt document where public interest required release1
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Stringent test1
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Personal affairs of any person1
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Unreasonable disclosure1
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Secrecy provision in another statute1
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Scope of exemption1
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Document prepared by consultants under contract with Department1
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Conscious voluntary act of person requesting1
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Greyhound Racing Control Board1
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Board improperly constituted1
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Legal representation1
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Denial of natural justice1
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Harness racing1
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Decision of Harness Racing Board1
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Whether a "decision" reviewable under Administrative Law Act 19781
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Racing Act 1958 (No. 6353), s45, s491
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Harness racing stewards1
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Suspension of trainer's licence1
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Reasons for suspension1
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Whether stewards required to provide reasons for decision1
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Health Commission1
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Refusal by Health Commission to approve private hospital1
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Review of refusal by County Court judge1
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Nature and scope of Review1
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Implementation of executive policy1
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Non-statutory moratorium prohibiting onshore petroleum activities1
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Plaintiffs held existing authorities for activities prohibited by non-statutory moratorium1
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Whether Minister’s implementation of non-statutory moratorium unlawful1
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Inferior court1
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Sentencing order1
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Injunction to restrain proceedings in inferior court or tribunal1
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Judicial Review1
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Police officer dismissed on basis of convictions1
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Convictions quashed on appeal1
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Effect of quashing conviction1
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Datafin principle1
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Appeal from Victorian Civil and Administrative Tribunal1
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Civil claim1
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State of mind of decision-maker1
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Provision of reasons for decision1
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Appeal on question of law1
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Victorian Civil and Administrative Tribunal1
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Summary dismissal of review application1
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Building control1
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Appeal to County Court from Magistrates' Court in criminal proceeding1
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Appeal from Magistrates' Court conviction to County Court1
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Where deceased died without a valid will1
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Test to be applied by Coroner to decide whether a person has a claim for release of the deceased’s body as executor1
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Decision1
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Minister deferred decision on planning permit application1
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Review of Minister’s deferral determination1
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Decision of Committee of Victoria Racing Club1
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Whether "decision" to which the Administrative Law Act 1978 applies1
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Decision of Registrar of Firearms1
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Discretion to grant or withhold licence1
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Scope1
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Decision of coroner to suppress publication of evidence1
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Whether decision operating in law to determine question affecting rights1
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Administrative Law Act 1978 (No. 9234), s2, s31
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Decisions of municipal council – Nature of council’s decisions1
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Whether decisions made in exercise of statutory power1
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Whether council acting as a tribunal when decisions made1
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Director of Housing1
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Domestic bodies1
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Error of law2
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Police Appeals Board1
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Relevant considerations1
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Failure to take into account1
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Error of law on face of record1
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Reasons for decision1
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Medical questions1
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Evidence1
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Extraneous evidence1
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Factual error1
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Grounds2
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Decision-making power not requiring the decision-maker to reach a state of satisfaction about a specified matter1
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High-level policy decisions1
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Building contract1
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Legal Practice Board1
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Solicitor1
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Onus to establish excess of jurisdiction1
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Reception of new material1
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Jurisdictional error7
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Multiple decisions conceded to be affected by jurisdictional error1
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Failure to take into account a mandatory relevant consideration1
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Denial of natural justice1
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Magistrates’ Court1
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‘Proper venue’1
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Police Appeals Board1
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Review function1
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Power to establish centres for detention of young persons1
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Failure to take into account relevant considerations1
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Statutory tribunal1
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Determination of claims abandoned during hearing1
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Witness protection scheme1
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Chief Commissioner of Police1
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Jurisdictional error – Whether Commissioner's opinion that jurisdictional conditions satisfied was a reviewable error1
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Whether decision affected by irrelevant considerations, a failure to take into account relevant considerations or legal unreasonableness1
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Jurisdictional fact2
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Fixing of reference date in adjudication under the Building and Construction Industry Security of Payment Act 20021
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Law enforcement1
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Major crime investigation1
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Chief Examiner1
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Legislation referring to considerations decision-maker ‘should’ take into account1
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Whether reference to ‘should’ obligatory1
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Local government1
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Resolution of municipal council1
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Whether resolution affected by apprehended bias1
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Mandamus1
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Judgments, orders and declarations1
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Whether court may re-exercise inferior tribunal's discretion1
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Ministerial assessment as part of decision-making process1
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Validity1
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Environment protection1
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Bias1
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Tribunals1
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Non-adjudicative body1
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Expert opinion1
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Non-discretionary disciplinary power1
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Content of obligation1
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Occupational regulation1
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Power1
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Scope1
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Orders of Magistrates' Court committing or refusing to commit defendant for trial on indictment1
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Personal Safety Intervention Orders1
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Interim order1
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Application for order1
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Plaintiff sought to file charge-sheet and summons in the Magistrates’ Court of Victoria to commence private prosecution against monarch for crimes of genocide under First Peoples’ sovereign laws, common law, and Commonwealth Criminal Code1
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Magistrates’ Court refused to issue proceeding1
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Whether charge-sheet capable of engaging criminal jurisdiction of Magistrates’ Court1
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Planning and environment controls1
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Planning scheme1
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Responsible authority1
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Power1
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Amplitude1
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Presumed parliamentary intention that power be exercised reasonably1
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Prisons and prisoners1
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Power to reduce sentence being served1
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Nature of power1
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Privative clause2
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Whether judicial review precluded1
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Procedural fairness7
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Animals and livestock1
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Dogs1
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Pre-judgment1
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Domestic tribunal1
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Entitlement to a hearing1
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Legitimate expectation doctrine1
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Hearing rule2
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Ostensible bias1
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Notional fair-minded observer1
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Prohibition1
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Lack of jurisdiction1
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Jurisdiction of Children's Court to order joint hearing1
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Public and private bodies1
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Datafin1
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Reasons2
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Reasons for decision1
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Discretionary ministerial decision1
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No statutory duty to give reasons1
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Remedies6
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Availability2
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Certiorari1
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Availability1
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Discretion to refuse1
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Adequate alternative remedy1
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Injunction1
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Standing1
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Victorian Civil and Administrative Tribunal1
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Appeal on question of law1
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Review grounds1
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Disproportionality not a discrete ground1
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Occupational regulation1
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Standing1
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Timber harvesting regulation1
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Community-based incorporated association1
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State of emergency1
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Directions by authorised officer1
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Stay at Home Directions1
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Public health1
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Directions by authorised officer1
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Supervision of inferior courts1
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Magistrates’ Court1
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Jurisdictional error1
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Tribunals1
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Occupational regulation1
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Medical practitioner1
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Ultra vires1
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Defective exercise of power1
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Rules of Harness Racing1
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Victoria Legal Aid1
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Application lodged by solicitor on behalf of client1
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Aid granted1
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Victorian Civil and Administrative Tribunal5
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Appeal on question of law2
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Environment Protection Agency1
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Planning scheme1
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Error of law2
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Misconstruction of statute1
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Occupational regulation1
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Victorian Electoral Commission1
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Register of political parties1
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Whether "preliminary determination" of Planning Appeals Board is "decision" to which Administrative Law Act 1978 applies1
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Whether strip searches authorised by regulations1
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Onus of proof1
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Jurisdiction of Supreme Court1
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Documents seized pursuant to warrant issued under Commonwealth Act1
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Action for trespass and for declaration that warrants invalid1
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Whether Supreme Court has jurisdiction to grant relief1
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La Trobe University1
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Petition seeking visitation, declarations and directions by Visitor1
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Powers of Visitor1
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Review of decisions and actions of university officers1
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Legal aid review committee1
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Natural justice1
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Right to hearing1
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Whether oral hearing necessary1
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Licence fee1
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Notice of assessment1
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Validity1
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Assessment challenged in proceedings other than appeal or review1
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Locus standi5
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Declarations1
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Injunctions1
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Private rights _ Peculiar damage arising from interference with public rights1
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"Person affected"1
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"Person who feels aggrieved"1
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Objector to grant or amendment of licence1
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Sales tax1
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Tax payable by vendor in last wholesale sale1
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Lessee of goods under potential obligation to pay amount equivalent to sales tax1
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individuals including mayor, some councillors and ratepayers seeking to restrain municipality from allegedly ultra vires sale of land1
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Merits review6
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Remitter following judicial review1
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Differently constituted tribunal for rehearing1
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Procedure1
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Original decision-maker seeking to uphold its decision and overturn review1
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Victorian Civil and Administrative Tribunal4
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Notice of appeal1
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Leave to appeal1
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Question of law1
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Primary decision-maker1
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Misapprehension of role1
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Thoroughbred horse racing1
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Disciplinary controls1
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Valuation of land1
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Whether tribunal acting as expert tribunal1
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Victorian Civil and Administrative Tribunal (VCAT)1
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Review of decision of Patient Review Panel1
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VCAT majority setting aside panel decision1
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Nahual justice1
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Revocation of place for holding a Magistrates' Count1
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Whether legitimate expectation that appointment would not be revoked1
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Locus standi of local residents1
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Natural justice12
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Bias1
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Reasonable apprehension of bias1
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Administrative Appeals Tribunal1
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Decision by municipal council to refuse to make application for order under s8(2) of the Shop Trading Act 19871
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Whether council bound to accord natural justice to party requesting that application be made1
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"Tribunal"1
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Disciplinary charge against professor1
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Form of charge1
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Whether necessary to state every element of charge in notice to professor1
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Domestic tribunal1
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Right to a hearing1
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Bias1
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Duty to accord1
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Displacement of statutory scheme1
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"Legitimate expectation"1
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Whether expiry of time limit for instituting prosecution without ministerial consent amounts to acquisition of legitimate expectation of not being prosecuted1
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Meaning of "decision" and "tribunal"1
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Medical panel1
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Opinion adopted as determination of court1
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Opinion affecting rights of a person1
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Police constable on probation1
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Nature of appointment1
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Termination1
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Procedural fairness2
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Bias1
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Right to be heard1
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Crimes compensation1
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Notification of application to alleged offender1
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University Council1
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Resolution of Council that union board be abolished1
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Whether members of board given adequate hearing before abolition effected1
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Whether procedural fairness required in investigation1
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Whether opinion formed without taking into account relevant factors1
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Occupational licensing2
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Building practitioners1
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Registration1
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Building Practitioners Board1
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Enforcement1
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Investigation1
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Regulator's power to request information and production of documents1
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Occupational registration1
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Building practitioners1
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Building Practitioners Board1
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Jurisdiction1
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Ombudsman6
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Investigation of administrative action2
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Hearing and determination by governor of prison of charges against prisoner1
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Public Solicitor1
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Investigatory powers1
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Investigation of matter referred by Legislative Council1
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Power "to investigate any administrative action in any Government Department"1
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"Administrative act" includes "any action relating to a matter of administration"1
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Proposed investigation1
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Administrative action1
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Jurisdiction to conduct investigation1
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Matter investigated must relate to administrative action not policy1
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Order for review3
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Whether statutory provisions mandatory1
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Whether orders for review a nullity for breach1
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Legal aid1
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Decision to allocate matter1
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Reconsideration of decision1
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Time for applying for order nisi1
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Time for requesting reasons for decision1
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Whether statutory provisions mandatory1
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Order to review2
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Intellectual Disability Review Panel1
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Intellectual disability1
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Assessment of "general intellectual functioning"1
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Plaintiffs with mental illness refusing electroconvulsive therapy (ECT)1
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Whether plaintiffs had capacity to consent to, and refuse, treatment1
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Police1
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Whether reasons given pursuant to a request purportedly made under the Act form part of the award1
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Privative clauses1
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Order having like force and effect as if enacted in Act1
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Appeal1
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Victorian Civil and Administrative Tribunal1
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Nature of review1
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Natural justice1
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Opportunity to be heard1
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Road Traffic Authority1
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Power to cancel licence of driver disqualified from driving by reason of judgment made pursuant to law of another State1
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Whether Authority a "tribunal" for purposes of Administrative Law Act 19781
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Motor Car Act 1958 (No. 6235), s25(1)(e)1
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Sex offenders registration1
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Whether registrable offender1
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Small Claims Tribunal8
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Trader given notice of claim and attending at hearing to answer that claim1
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Whether claim under insurance policy is a "small claim"1
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"Small claim"1
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Whether contract constituted by warranty a contract for "the provision of services"1
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"Small claim" for damage to motor car whilst parked in respondent's car park1
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Claimant issued with ticket containing terms and conditions of parking1
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Whether claim within jurisdiction of tribunal1
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"Small claim"1
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Contract of sale of land with condition for rendering of services1
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Claim for faulty work1
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Collateral agreement continuing to have effect after conveyance1
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Solicitor1
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Secretary of Law Institute sending notice of intention to cancel practising certificate1
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Whether a "decision"1
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Statutory corporation1
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Power to do all things necessary or convenient in connection with the performance of functions1
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Whether power extends to introduction of Smoke Free Policy1
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Planning Appeals Board1
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Party requesting to cross-examine author of letter submitted by another party1
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Taxi-cab licences1
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Whether authority has power to vary contractual arrangements between lessor-owners and lessee-drivers during currency of licence by varying attached conditions1
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Teachers Tribunal1
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Commissioner of Business Franchises1
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Waiver1
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Tribunals10
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Medical Practitioners Board1
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Power of tribunal to amend documents in the proceeding1
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Application to review refusal to approve work plan variation1
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Planning Appeals Board1
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Summary dismissal1
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Supervisory jurisdiction of the Supreme Court1
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Medical Practitioners Board1
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Jurisdiction1
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Victorian Civil and Administrative Tribunal4
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Claims of sexual harassment and victimisation contrary to Equal Opportunity Act 20101
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Whether subject to Limitation of Actions Act 19581
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Jurisdiction1
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Local government1
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Powers1
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Functions of Principal Registrar of Tribunal1
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Practice and procedure1
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Powers1
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Whether jurisdictional error in exercise of decision-making power1
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Unreasonableness1
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Whether purported ministerial variations to authorities invalid1
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Discretionary variation power of Minister1
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Variations required holders of authorities to carry out work at future, unspecified time by which time authorities would have expired1
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Victorian Civil and Administrative Tribunal21
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Appeal1
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Leave to appeal1
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Question of law1
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Discrimination complaint1
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School student1
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Learning disability1
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Domestic building dispute1
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First proceeding resolved by terms of settlement1
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Mutual release1
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Findings about impact of variation of licence on viability of licensee's business and liquor industry1
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Absence of evidence or material to support findings1
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Jurisdiction7
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Building dispute1
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Large scale staged residential subdivision of land1
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Civil Claims List1
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Consumer and trader disputes1
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Composition of tribunal1
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Local government1
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Costs1
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Enforcement or restraint of order1
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Original jurisdiction1
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Sale or division of co-owned land or goods1
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Review of administrative decisions1
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Director of Housing1
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Standing1
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Domestic building dispute1
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Jurisdiction and powers of tribunal1
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Costs1
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Costs against third party1
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Joinder of party1
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Costs1
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Jurisdiction to disregard non-compliance with time limit1
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Merits review1
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Occupational licensing1
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Public transport1
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Original jurisdiction1
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Guardianship and administration1
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Appointment of administrator1
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Original jurisidiction1
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General procedure1
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Self-executing orders1
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Practice and procedure1
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Costs1
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Order against non-party1
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Reasons for decision1
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Judicial review1
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Accident compensation1
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Regulation of legal profession1
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Roll of practitioners1
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Tribunal's limited power to recommend removal of name1
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Summary dismissal power1
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Two legislative sources1
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Availability of one procedure not precluding availability of other1
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Whether denial of natural justice is an error of law for purposes of an appeal1
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Victorian Civil and Administrative Tribunal ("VCAT")1
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Merits review1
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Health practitioners1
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Pharmacist1
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Victorian Civil and Adminsitrative Tribunal1
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Matter in federal jurisdiction transferrable to Magistrates’ Court1
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Victorian Small Business Commission1
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Role of Commission1
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Small Business Commission Act 2017 (Vic), ss 3, 10(1)1
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Where judge relied on documents obtained after hearing concluded without informing parties1
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Whether applicants denied procedural fairness1
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Administrator5
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Accounts1
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Rule nisi complied with1
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Costs1
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Mortgage1
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Notice1
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Improvements1
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Lien1
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Mortgage of lands1
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Money expended in improvements1
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Redemption1
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Repayment of improved value1
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Promise to pay debt of intestate on day certain1
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Tenant in common1
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Allowance for improvements1
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Power to mortgage1
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"Administration Act" (No. 427), sec. 71
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Administrator Of Personalty1
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Rents of realty1
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Accounts1
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Mixing funds1
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Admiralty4
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Equipping of ship1
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Default of appearance1
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Ship under arrest1
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Prize1
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Enemy ship in Victorian port at outbreak of war1
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Order for detention in lieu of confiscation1
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Subsequent motion for condemnation of ship1
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Admission Of Attorneys1
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Rule 37 of 18651
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Certificate delivered before the time prescribed1
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Admission Of Barristers And Solicitors1
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Articled clerk1
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Other employment during articles1
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Leave of Court1
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Adoption2
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Copy of consent not delivered to mother1
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Offer to mother to pay hospital account if consent signed1
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Reality of consent1
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Revocation of adoption order1
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Adoptee now an adult1
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To enable marriage to daughter of adopting parents1
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Adoption Of Children9
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Application to Supreme Court1
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Application to set aside adoption order1
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Limits of discretion for trial Judge1
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Factors relevant to the exercise of the discretion1
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Child already adopted1
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Second adoption order sought1
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Notwithstanding adopter's refusal of consent1
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Extent of court's power to dispense with consent1
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Consent in writing to adoption by mother of child1
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Withdrawal of consent by mother1
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Whether withdrawal of consent communicated to proposed adopters or Court of Petty Sessions1
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Whether person employed to obtain mother's written consent to the adoption an agent of proposed adopters to receive notice of withdrawal of consent1
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Discharge of adoption order1
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Appeal against refusal to discharge order1
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Whether appeal should be heard in camer1
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Whether discretion of primary Judge exercised on erroneous grounds1
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Illegitimate child1
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Mother's consent1
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Whether consent should be dispensed with1
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Infants2
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Domicil2
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Jurisdiction of Supreme Court to make adoption order in respect of child not domiciled within jurisdiction1
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Adoption of Children Act 1928 (No. 3605)1
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Jurisdiction of Victorian courts to make adoption orders when applicants not domiciled within jurisdiction1
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Will1
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Children adopted after making of testamentary disposition1
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Whether adopted children take as "children" under will1
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Analysis1
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Exemption of defendant1
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Written warranty1
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Advancement1
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Purchase of land by father in son's name1
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Rebuttal of presumption of advancement1
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Agency7
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Estate agent1
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Commission1
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Contract executed1
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Manager of partnership of group of companies1
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Whether manager as agent held assets on trust for partnership1
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Nature of any trust1
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Partnership1
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Authority1
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Ostensible1
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Actual1
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Philanthropic society1
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Principal bound by Rules of Exchange1
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Agency And Agents4
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Whether ‘franchise agreement’ within statutory definition1
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Carrying on business under ‘name’1
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Notice1
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Collecting bank as respondent's agent1
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Power of attorney1
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Authority of attorney1
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Real estate agent1
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Commission1
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Requirement for agent to inform client that commission subject to negotiation1
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Whether satisfied1
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Reimbursement of outgoings1
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Statutory requirements1
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Whether agent entitled to seek reimbursement for total amount of outgoings where claim included amounts for which agent not entitled to be reimbursed at common law1
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Agent1
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Agreement7
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Promise to pay an annuity1
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On certain conditions1
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Time payment system1
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Vendor and purchaser1
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Letting and hiring1
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Doubtful points of law4
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Hirer to pay monthly rent till total sum paid1
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Absolute contract to purchase1
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Arrears of instalments1
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Use and hire1
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Amalgamated Claims1
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Registration1
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Trespass1
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Victorian Railways Board1
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Dog1
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Whether trespasser1
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Liability of owner1
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Chasing cattle or sheep1
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Enclosed area1
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Dog found at large in enclosed area1
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May be destroyed if found in field, paddock, yard or other place enclosed by a fence1
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In which sheep, cattle or poultry confined1
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Provision inapplicable where killing takes place in building1
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Endangered fauna species1
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Protection1
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Long-footed potoroo1
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Orbost spiny crayfish1
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Live stock1
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Sheep1
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Foot rot1
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Exhibiting sheep for sale apparently affected with foot rot1
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Negligence1
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Highway1
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Collision between motorcyclist and steer on public road1
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Propensity of steer to stray1
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Stallion1
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Dangerous disposition1
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Scienter1
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Duty to take-reasonable care1
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Animals Protection Act 1890 (no. 1064), Ss. 3, 91
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"Cruelly"1
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Answer1
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Endorsement of name and address1
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Costs1
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Appeal115
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Verdict in excess of particulars1
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Administrative Tribunals1
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Equal Opportunity Board1
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Appeal to Supreme Court1
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Procedure1
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Admission of further evidence on appeal1
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Document before original decision-maker1
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Document not adduced on appeal to primary judge1
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Self-represented litigant1
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Appeal by successful party1
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Regular judgment1
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Appeal from County Court to Supreme Court2
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Jurisdiction of Supreme Court to entertain appeal1
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"Action"1
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Freedom of information1
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Appeal from judgment of County Court on appeal from principal officer of agency1
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"Matter"1
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Whether question of law1
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Whether competent to raise issue not raised below1
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Appeal from Victorian Civil and Administrative Tribunal3
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Leave to appeal1
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Guidelines for granting of leave1
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Question of law1
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Precise identification of question1
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Question of mixed fact and law1
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Appeal from determination of Land Valuation Board of Review1
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Appeal on question of law1
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Findings and inferences of fact1
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"Self-denying principle"1
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Appeal from discretionary decision of Credit Tribunal1
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Whether rehearing de novo1
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Whether to Full Court or to single judge1
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Credit (Administration) Act 1984 (No 10091), s85J1
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Appeal from exercise of judicial discretion1
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Extension of limitation period1
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Standard of review on appeal1
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Appeal on point not raised below1
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Discretion to allow argument on new point1
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Appeal from summary judgment1
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Extension of time to bring appeal granted1
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Appeal on question of law1
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Whether question of law identified in appeal1
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Appeal to Court of Appeal1
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Final decision1
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Leave not required1
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Appeal to Full Court1
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Decision of first instance court final and conclusive1
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Whether express words excluding appeal1
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Supreme Court Act 1986 (No. 110), s10(2)1
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Argument abandoned at trial1
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Arguments not advanced in court below1
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Attack on trial judge's factual findings1
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Witnesses1
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Credit1
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Family dispute1
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Bailment1
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Contract for cool storage of peas1
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Damages for deterioration in peas1
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Negligence1
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Case stated1
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"Facts"1
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Criminal law1
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Theft1
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Civil2
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Practice and procedure2
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Application for leave to appeal from a decision of judge of Trial Division to dismiss appeal on question of law1
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Application to allow appeal by consent1
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Claim for breach of contract reformulated on appeal1
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Damages for breach1
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Whether order for remittal should be made1
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Reformulation a significant departure from case as pleaded and run1
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Claim pleaded and trial conducted on false premise1
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New material emerging during hearing of appeal1
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Appeal allowed1
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No assurance that complete picture of relevant transactions between parties provided on appeal1
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Competence2
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Summary judgment1
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Building contract1
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Judgment obtained by sub-contractor1
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Victorian Civil and Administrative Tribunal1
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Appeal to Trial Division of Supreme Court with leave1
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Leave refused by Trial Division1
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Competence Small Claims Tribunal1
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Tribunal making orders in respect of many regulated loan contracts1
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Contracts involving amounts of less than $3000 but in aggregate involving $650,0001
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Whether appeal competent1
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Contempt of court1
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Leave to issue writ of attachment1
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Refusal by another judge to set aside writ of attachment1
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Appeal to Full Court against refusal1
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Costs2
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Criminal trial1
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New trial ordered after conviction quashed1
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Proceedings discontinued1
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Indemnity certificate1
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Appeal allowed on ground that jury's award of damages was excessive1
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Whether question of fact1
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County Court7
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Administration of Justice Act 1885, s. 81
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Practice1
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Notice to produce1
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Alteration of appeal case by judge1
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Magistrates' Court1
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Intervention order1
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Order by County Court dismissing appeal from order of Magistrates' Court1
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Question of fact1
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Negligent driving.1
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Evidence.1
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Time for transmission1
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County Court Rules1
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County court2
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Agent1
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Notice to be given within 14 days1
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Calculation of 14 days1
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Notice out of time1
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Court of Appeal1
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Practice and procedure1
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Outline of submissions1
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Procedure to be followed by party when detailed written argument required because of complexity or other reason1
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Criminal law2
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Appeal from Magistrates’ Court to County Court1
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Jurisdiction and powers of County Court1
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Alternative charges1
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Sentence by County Court for breach of community-based order1
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Whether right of appeal against sentence to Supreme Court1
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Crimes Act 1958 (No 6231) s567, s568(4)1
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Criminal procedure1
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Jurisdiction of Court of Appeal1
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Limited suppression orders made by judges of Trial Division1
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Jurisdiction of Court of Appeal to entertain applications for leave by Chief Commissioner of Police (Vic)1
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Disallowance1
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Sentence1
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Application that time already served be deemed part of sentence1
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Arguable case1
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Evidence1
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Witness1
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Credit1
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Facts1
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Findings at trial1
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Power of appellate court to set aside findings1
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Credit-based findings1
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Finding of fact by trial judge1
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From County Court1
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Administration of Justice Act 1885, s. 81
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County Court Statute 1869, s. 1201
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Appeal on question of fact1
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From Master of County Court1
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Special leave1
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Considerations relevant for grant of leave1
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From justices1
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Act No. 565, ss. 25 and 261
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Notice of appeal1
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Full Court1
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Leave to appeal1
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Decision on issues of liability1
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No order pronounced1
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Grounds1
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Case on appeal not raised below1
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Supreme Court supervisory jurisdiction1
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High Court1
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Appellate jurisdiction1
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Court of Petty Sessions invested with Federal jurisdiction1
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Court not consisting of police magistrate1
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Housing Commission1
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Direction to demolish house1
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Appeal to petty sessions1
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Decision to be "final and conclusive"1
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Issue not raised at trial1
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No prejudice by reason of issue being first raised on appeal1
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Judicial review1
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Application for extension of time to commence1
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Special circumstances1
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Factors1
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Leave3
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Interlocutory injunction1
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Variation1
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Whether leave required to appeal from grant or refusal of variation of interlocutory injunction1
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Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 1481
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Order in Council 9th June 18601
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The Supreme Court Act. 1890 (No. 1142), s. 2311
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UNCITRAL Model Law on International Commercial Arbitration arts 2, 5, 7, 8, 16, 28, 34, 35, 361
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Supreme Court Act 1958 (No. 6387), s78(1)1
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Award10
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"The Judicature Act 1883" (No. 761), sec. 131
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Order 64, Rule 141
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Grounds for setting aside1
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Contract entered into and proceedings for its breach instituted prior to commencement of Commercial Arbitration Act 19841
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Damages1
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submission to arbitration1
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Act 24 Vict., No. 102, ss. 28, 66, and 671
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Enforcement of award1
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Error on face of award1
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Incorporation in award1
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Franchise agreement1
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Lease1
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Money claims1
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Notice of dispute1
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Proviso for reference, in lease1
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Question of law arising1
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Railway contract2
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Finding of arbitrators, conclusive in absence of fraud1
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Action on award1
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Award bad in part1
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Reference by consent of parties out of Court1
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Award1
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Application to set aside or remit1
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Reference by consent of parties out of court1
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Award1
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Application to set aside award1
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Whether time limit therefor1
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Reference by consent out of Court1
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Award made1
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Agreement to re-open reference1
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Power in arbitration to make new or amended award1
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Referring back award1
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Service1
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Special case stated1
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Contract1
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Indian law applicable in commercial dispute between plaintiff and defendant and between defendant and third party1
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Stay of proceedings1
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Court of Petty Sessions1
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Submission to1
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Bankruptcy of one of the parties1
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Necessity of obtaining leave of Court therefor1
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Submission to two arbitrators1
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One refusing to act1
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No power in court to fill vacancy1
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Subpoena1
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Domestic arbitration1
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Whether reasonable grounds required for the issue of subpoena1
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Summons for final judgment1
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Application for adjournment by defendant to give notice requiring submission to arbitration1
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Summons by defendant to stay proceedings pending submission to arbitration1
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Arbitration Act 1958 (No. 6200), s51
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Arbitration And Awards12
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Appeal from decision of arbitrator1
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To judge of the Supreme Court1
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Arbitration an inquiry of a judicial nature1
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Right of parties to be heard on arbitration1
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Arbitrator3
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Removal of2
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Conduct of proceedings by arbitrator1
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Award3
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Foreign award1
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Award bad in part for uncertainty1
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Setting aside1
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Judicial review1
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Leave to appeal1
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When made1
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Appeal1
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Time limit for appeal Seaman's compensation1
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Building contract1
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Staying proceedings1
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Clause providing for arbitration or litigation1
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Whether an "arbitration agreement"1
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Enforcement1
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Application to set aside partial award1
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Arbitrators1
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Conduct1
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Foreign arbitral award1
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Enforcement1
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Foreign law1
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Findings of arbitral tribunal or foreign court1
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Respondent denying it was proper party to arbitration agreement1
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Whole of evidence indicating respondent not a party1
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Enforcement application1
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Prima facie entitlement1
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Applicant's evidential onus1
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Interim award1
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Judicial review1
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Error of law on face of award1
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Form of award1
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Reference1
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Notice of dispute1
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Notice to be given "as soon as reasonably practicable"1
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Building contracts1
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Architect2
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Registration of1
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Architect and builder1
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Non-recognition by the Board as "a recognized certificate"1
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Appeal1
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Register of1
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Architect and builder1
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Architect's Commission1
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Mesne process1
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Defendant about to remove permanently from jurisdiction1
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Probability of action being defeated unless defendant arrested1
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Arrest And Bail1
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Writ of capias1
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Articled Clerk5
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"Rules of the Supreme Court for admission of Barristers and Solicitors," 26th November 1892, r. 181
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English Practice1
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23 & 24 Vict., c. 127, s. 10-37 & 38 Vict., c. 68, s. 41
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"Office"1
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Leave to act as executor during articles1
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"Rules of Supreme Court, 26th November, 1892"1
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Service under articles1
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Continuous service1
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Supplementary articles1
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Artificial Manures Act 1904 (no. 1930), Ss. 11, 16, 171
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Artificial manure taken and collected by chemist for analysis1
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Assault2
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Threat must create fear of violence1
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Assignment4
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Deed of assignment shown to debtor1
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Drawer of bill of exchange purporting to have assigned rights against the acceptor1
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Whether deed effective to assign the rights1
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Legal assignment of chose in action1
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Disputed assignment1
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Payment into Court by debtor1
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Priority1
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Written authority to pay1
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Consideration given1
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Assignment For Benefit Of Creditors2
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County Court register1
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Extract1
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Trustees for benefit of creditors1
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Liability of trustees on unexpired lease1
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Assignment of lease by trustees to man of straw1
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Assignment Of Chose In Action1
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Notice of assignment1
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Supreme Court Act 1890 (No. 1142), s. 63, sub-sec. 61
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Companies Act 1890 (No. 1074), Part III., ss. 334, 338 and 3611
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Supreme Court Rules, chap. IX., 3, 181
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Supreme Court Rules, 11th April, 18741
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"audit Act" (22 Vic. No. 86), Sec. 91
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"Criminal Law and Practice Statute 1864" (No. 233), sec. 1411
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