Motor car — Registration fee — Car used "for carrying goods in the course of trade" — Samples carried by commercial traveller — Motor Car Act 1928 (No. 3741), sec. 4, Second Schedule.

Health — Annual charge for collection, & c., of night-soil — When charge may be made — Health Act 1928 (No. 3697), sec. 52.

Income Tax (Commonwealth) — Taxable income — Deduction from assessable income — Depreciation of property used in producing income — Improvements on land used for purposes of pastoral pursuits — "Improvements used for domestic or residential purposes" — Residences of employees of taxpayer — Income Tax Assessment Act 1922-1928 (No. 37 of 1922 — No. 46 of 1928), sec. 23 (1) (e) (i).

Imprisonment of fraudulent debtors — Order for commitment by Court of Petty Sessions — Order to review — Evidence given on examination of debtor and not appearing in depositions — Evidence thereof on order to review — Admissibility — Imprisonment of Fraudulent Debtors Act 1928 (No. 3700), sec. 26.

Landlord and tenant — Mortgagor and mortgagee — Land under Transfer of Land Act — Tenancy created by the Act — Default by mortgagor in payment of principal and interest — Summary proceedings before justices by mortgagee to obtain possession — Whether tenancy duly determined — Necessity of common law demand for rent — Notice of intention to apply to justices — Validity of notice — Amendment — Sufficiency of description of mortgagee and of tenancy — Date of determination of tenancy not correctly stated — Notice purporting to be that of mortgagee signed by agent — Complaint made by agent — Justices Act 1928 (No. 3708), secs. 4, 96, 155 — Landlord and Tenant Act 1928 (No. 3710), secs. 69, 72, Seventh and Eighth Schedules — Transfer of Land Act 1928 (No. 3791), sec. 156.

Administration and Probate — Executor propounding will — Caveat — Probate granted — Executor's costs of litigation — Appeal as to costs — Supreme Court Act 1928 (No. 3783), sec. 39 — Order LXV., r. 1.

Company — Winding-up — Fraudulent preference — "Insolvency," Meaning of — Companies Act 1928 (No. 3659), sec. 209 — Insolvency Act 1928 (No. 3705), sec. 151 — Bankruptcy Act 1924-1930 (No. 37 of 1924 No. 17 of 1930), sec. 95.

Workers' compensation — "Worker" — "Contract of service or apprenticeship or otherwise" — Independent contractor — Workers' Compensation Act 1928 (No. 3806), sec. 3.

Administration and Probate — Letters of administration — Infant next-of-kin — Grant of letters of administration to guardian during minority of infant and until he applies for and receives grant — Probate and Administration Rules, r. 14.

Statute — By-law — Repeal and consolidation of Statute under which by-law made — Repealing Statute containing no saving provision with respect to by-laws — Effect of general saving clause in another Statute — Acts Enumeration and Revision Act 1928 (No. 3629), sec. 2 — Country Roads Act 1928 (No. 3662), sec. 2.

Divorce — Order for maintenance of wife — Subsequent remarriage of wife — Infant child in her custody — Jurisdiction to vary order — Marriage Act 1928 (No. 3726), sec. 96.

Divorce — Practice — Jury — Petition on ground of adultery — "Matters of fact in relation to" charge of adultery — Matters relating to absolute and discretionary bars — Marriage Act 1928 (No. 3726), secs. 79, 116.

Divorce — Practice — Jury — Petition on ground of adultery — Answer alleging conduct conducing — Marriage Act 1915 (No. 2691), secs. 126, 161.

Contract — Evidence — Statute of Frauds — Agreement not to be performed within a year — Licence to enter on premises — Agreement not evidenced by writing — Part performance — Damages in substitution for equitable relief — Assessment of damages — Instruments Act 1928 (No. 3706), sec. 128 — Supreme Court Act 1928 (No. 3783), sec. 62 (4).

Police offences — Lottery — Sale of tickets — Raffle — "Raffle at any bazaar" — Raffle to be drawn at a bazaar — Tickets sold elsewhere and beforehand — Police Offences Act 1928 (No. 3749), secs. 88 (3) (c) and 89 (f).

Company — Liquidation — Foreign company — Order for winding up by Supreme Court of New South Wales — Subsequent order for ancillary winding up by Supreme Court of Victoria — Preferential creditor — Clerk or servant — Wages or salary — Services rendered during four months before winding up — Date of winding up — Companies Act 1928 (No. 3659), sec. 208 (1) (a), (6).

Practice — Trial by jury — Application by defendant — Time — Vacation — Rules of Supreme Court 1916, Order XXXVI., r. 6; Order LXIV., r. 4.

Local Government — Streets — Footway — Recovery from frontage of half cost of flagging — Footway previously kerbed, flagged, paved, or asphalted by council — "Paved," meaning of — Gravel surface — Local Government Act 1928 (No. 3720), sec. 589 (2).

Administration and Probate — Probate practice — Caveat — Order nisi — Withdrawal of caveat after service of order nisi — Non-appearance of caveator to show cause — Costs — Administration and Probate Act 1928 (No. 3632), sec. 55.

War-time profits tax — "Profits arising . . . from sources within Australia" — Ascertainment of profits of business of exporting goods — Amended assessment — Objections open to taxpayer — War-time Profits Tax Assessment Act 1917-1918 (No. 33 of 1917 — No. 40 of 1918), secs. 10, 15, 23, 28 — Income Tax Assessment Act 1915-1918 (No. 34 of 1915 — No. 18 of 1918), sec. 10.

Contract — Evidence — Statute of Frauds — Landlord and tenant — Lease — Option to purchase — Parol agreement — Purported exercise of option — Retention of possession by tenant after expiration of term — Option as defence and as counterclaim — Instruments Act 1915 (No. 2672), sec. 228; Instruments Act 1928 (No. 3706), sec. 128.

Costs — Taxation — Solicitor and client — "Necessary or proper for the attainment of justice" — "Unusual expenses" — Employment of two counsel to settle pleadings and on summons in chambers — Refresher fees — Rules of Supreme Court 1916, Order LXV., r. 27 (29), (48).

Practice — Summons for final judgment — Summons dismissed — Directions — Costs — Rules of the Supreme Court 1916, Order XIV., rr. 1, 2.

Divorce — Costs — Co-respondent defending in form pauperis — Costs against pauper.

Practice — Private international law — Foreign immovables — Mining Company incorporated in Victoria — Mineral leases of land in Tasmania — Debenture — Sale by receiver and manager — Jurisdiction to order — Order for sale under Order LI., r. 1A. — Leave to debenture holder to bid at sale.

Justices — Jurisdiction — Complaint for money lent — Amount lent appearing from summons to be over 50l. — Allowance made for goods supplied by agreement between the parties, reducing amount of claim to less than 50l. — No formal abandonment of excess — Justices Act 1928 (No. 3708), secs. 64, 82, 99.

Motors — Motor omnibus — Definition of — "Carrying passengers for reward at separate and distinct fares for each passenger" — Some only of passengers so carried — Motor Omnibus Act 1928 (No. 3742), sec. 21.

Police Offences — Evidence — Burden of proof — Idle and disorderly person — Insufficient lawful means of support — Police Offences Act 1928 (No. 3749), sec. 70.

Justices — Order to review — Conviction confirmed — Application to review sentence — Justices Act 1928 (No. 3708), sec. 155.

Local Government — Rating — Valuation of rateable properties — "Valuation," meaning of — Opinion of valuer — Sufficiency of grounds of opinion — Use of predecessor's valuation — Local Government Act 1915 (No. 2686), Part X., Division 2 — Rating on Unimproved Values Act 1922 (No. 3199), secs. 19-26 — Local Government Act 1928 (No. 3720), Part X., Division 2; Part XI., Division 6.

Case stated — Facts stated by way of special case — Contents of special case — Findings of fact based on evidence appended to special case — Inferences of fact — Local Government Act 1928 (No. 3720), sec. 302 (4).

Will — Construction — Direction that duties payable on legacies bequests and other benefits be borne and paid out of residue — Fund settled by will — Fund invested in England — English estate duty payable on death of life tenant — Incidence of duty.

Administration and probate — Will — Execution — Position of signature — Signature indorsed on document — Intention to give effect by signing to writing as will — Wills Act 1928 (No. 3803), secs. 7, 8.

Transfer of land — Mortgage — Implied covenants — Transferee of land subject to mortgage — Personal liability for mortgage debt — Transfer of Land Act 1928 (No. 3791), secs. 153, 269.

Bankruptcy — Offences — Fraudulent transfer of property — Retrospective operation of statute — Failure to make to trustee full discovery of disposal of property — Evidence — Depositions of bankrupt on publio examination — Admissibility — Bankruptcy Act 1924-1930, secs. 210 (1) (a), 212.

Company — Voluntary winding up — Mining company — Priority of wages of employees — Rights of debenture holders — Judgment obtained and execution issued by employees before winding up — "Mining employee" — Secretary of company — Mines Act 1928 (No. 3737), sec. 536.

Arbitration — Arbitrator — Appointed arbitrator disqualified by interest — "Incapable of acting" — Application to Court for appointment of arbitrator — Disqualification negatived by contract — Arbitration Act 1928 (No. 3637), sec. 6 (b).

Contract — Evidence — Statute of Frauds — Agreement not to be performed with one year — Licence to enter theatre to sell confectionery — Agreement not evidenced by writing — Part performance — Equitable relief — Damages in substitution — Instruments Act 1928 (No. 3706), sec. 128 — Supreme Court Act 1928 (No. 3783), sec. 62 (4).

Will — Trustee company and individuals appointed executors — Appointment of solicitor to estate — Direction in will to executors to appoint a named firm of solicitors — Will attested by a member of the firm — Trustee Companies Act 1928 (No. 3793), sec. 31 — Wills Act 1928 (No. 3803), sec. 13.

Solicitor — Unqualified person acting as solicitor — Letter to debtor demanding payment and threatening legal action in default — Contempt of Court — Imperial Acts Application Act 1922 (No. 3270), sec. 87.

Administration and probate — Practice — Probate — Caveat — Order nisi for probate — Intervention by beneficiary.

Evidence — Affidavit in place out of Victoria — Mandated Territory of New Guinea — Affidavit sworn before commissioner of local Central Court — Certificate under seal of Court — Admissibility of affidavit — Evidence Act 1915 (No. 2647), sec. 116.

Contract — Evidence — Sale of land — Agent authorised by defendant to make offer to plaintiff — Written authority signed by defendant — Subsequent agreement between plaintiff and defendant's agent in terms of authority — "Memorandum . . . signed by the party to be charged" — Instruments Act 1915 (No. 2672), sec. 228.

Maintenance — Order for — Illegitimate child — Paternity — Evidence — Denial on oath by alleged father — Corroboration of mother's evidence — Payment of money by alleged father "to avoid publicity and litigation," with denial of paternity — Maintenance Act 1928 (No. 3722), sec. 20.

Company — Winding-up — Expenses of liquidation — Preferential creditors — "Clerk or servant" — Wages or salary — First charge upon property — Availability of assets — First and second mortgages of land — Debenture by way of floating charge — Burden of statutory charge — Companies Act 1915 (No. 2631), sec. 208.

Sale of goods — C.i.f. contract — Action for non-delivery — Goods shipped not in accordance with contract — Refusal to take up documents — Invoice — Purpose of — Disconformity ex facie between invoice and contract.

Administration and Probate — Duties on deceased persons' estates — Settlement containing trusts and dispositions to take effect after death of settlor — Life insurance policy for benefit of wife — Administration and Probate Act 1915 (No. 2611), secs. 118 (2), 147.

Life insurance — Policy expressed to be for the benefit of the wife of the assured — Extent of wife's interest — Married Women's Property Act 1915 (No. 2692), sec. 14 (2).

Will — Power to appoint to children — Appointment of absolute interest followed by curtailment to life interest with invalid appointment over — Inseverability — Total failure of curtailment.

Will — Gift to attesting witness — Power of appointment conferred by will — Appointment to wife of attesting witness — Wills Act 1928 (No. 3803), sec. 13.

Principal and agent — Commission — Sale of land — Contract of sale signed by vendor and purchaser — No proof that purchaser ready and able to carry out contract.

Appeal from non-suit — New trial ordered — Costs of former trial.

Company — Voluntary winding up — Distress for rent — Preferential claim by landlord for rent — Companies Act 1928 (No. 3659), sec. 207 — Insolvency Act 1928 (No. 3705), sec. 178.

Company — Winding up — Preferential claim — Crown debt — Debt due to Victorian Railways Commissioners — Sale of coal from State Coal Mine — Waiver of priority — Coal Mines Regulation Act 1928 (No. 3657), Part II. — Companies Act 1928 (No. 3659), secs. 186, 208.

Police Offences — Rogues and vagabonds — Suspected person loitering with intent — Suspicion engendered during period of loitering — Police Offences Act 1928 (No. 3749), sec. 72 (9).

Administration and probate — Will — Document containing no disposition of property and no appointment of an executor.

Barrister and solicitor — Admission to practise — Articles of clerkship — Service thereunder — Absence from service — Illness — Additional service — Sufficiency of service — Rules of the Council of Legal Education of October 1921, as amended December 1924, rr. 27, 28, 32.

Divorce — Evidence — Admissibility — Adultery — Declaration by wife as to paternity of child.

Company — Reduction of capital — Return of paid-up capital to shareholders — Confirmation by Court — Settling list of creditors — Companies Act 1928 (No. 3659), sec. 56.

Practice — Pleading — Embarrassing matter — Application to strike out — Delay — Rules of the Supreme Court 1916, Order XIX., r. 27.

Company — Winding up — Foreign company — "Unregistered company" — Jurisdiction to order winding up — Companies Act 1928 (No. 3659), secs. 263, 264.

Criminal law — Evidence — Admissibility — Depositions — Statement on oath of person dangerously ill — Notice to accused of intention to take — Statement by justice of persons present — Justices Act 1928 (No. 3708), sec. 204.

Practice — Pleading — Ground of defence arising after delivery of defence — Delivery of further defence after close of pleadings — Rules of the Supreme Court, 1916, Order XXIV., r. 2.

Company — Winding up — Company incorporated in New South Wales — Compulsory winding up in that State — Ancillary winding up in Victoria — Transmission of Victorian assets — Security by New South Wales liquidator — Charge — Debenture — Not registered in Victoria — Validity — Companies Act 1928 (No. 3659), sec. 101 (1).

Principal and agent — Liability for fraud of agent — Banker — Liability to customer for fraud of manager — Retention of benefit received through such fraud — Advising customer to make advances.

Husband and wife — Marriage — Validity — Decree nisi for dissolution of former marriage of wife — No decree absolute — "Marriage in fact" celebrated beyond Victoria — Declaration of validity — Marriage Act 1928 (No. 3726), sec. 39.

Evidence — Admissibility — Hearsay — Declaration by deceased person against proprietary interest — Part of declaration favourable to interest.

Divorce — Desertion — Petition by wife resident in England — Victorian domicil acquired by husband — Resorting to Victoria for the purpose of petitioning — Marriage Act 1928 (No. 3726), sec. 75.

Dentist — Unregistered person practising dentistry — Person holding permit authorising his employment by a registered dentist — Dental operations performed by permittee without the personal supervision of his employer — Medical Act 1928 (No. 3730), ss. 68, 71, 72.

Banker and customer — Cheque — Collection through clearing house — Rules of clearing house — Payment — Subsequent dishonour and return of cheque — Stale return — Acceptance by collecting bank — Liability to customer.

Local Government — Municipal officer — Concerned or interested in contract by council — Penalty — Local Government Act 1928 (No. 3720), sec. 166.

Justices — Procedure — Fine — Warrant of distress returned unsatisfied — Warrant of commitment — Summons to show cause — Onus — Justices Act 1928 (No. 3708), sec. 116.

Instruments — Bill of sale — Contract of sale — Unascertained goods — Contract under seal — Absolute or conditional contract of sale — Subsequent delivery of goods — Title of purchaser, legal and equitable — Assurance — Power to seize or take possession — Instruments Act 1928 (No. 3706), secs. 27, 28, 30, 41.