National Security — War Service Moratorium — Protected person — Dwelling-house about to become unoccupied — Arrangement that person will occupy dwelling-house when present tenant vacates — Particular premises not specified — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946 — National Security (War Service Moratorium) Regulations, reg. 30A.

National Security — War Service Moratorium — Protected person — Dwelling-house — Reasonably required for occupation by a particular person or class of persons — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946 — National Security (War Service Moratorium) Regulations, regs. 30A, 30AB (5)(b).

Administration and probate — Will — Intention of testator — Undischarged mortgage on land devised — Gift of residue subject to payment of "all my just debts" and "all other charges" — Charges to be paid primarily out of property charged — Whether contrary or other intention signified — Administration and Probate Act 1928 (No. 3632), sec. 35.

Practice — Criminal law — Evidence — Commission Rogatoire — Person sought to be examined in respect of offence alleged to have been committed by him — Foreign Tribunals Evidence Act 1856 (19 & 20 Vict. c. 113) secs. 1, 5 — Extradition Act 1870 (33 & 34 Vict. e. 52) sec. 24 — Rules of the Supreme Court 1938, Order XXXVII, rr. 54-60.

National Security — Landlord and tenant — Recovery of possession of premises — "Hardship" — Tenant making a profit from lodgers — Whether financial loss hardship — Defence (Transitional Provisions) Act 1946 (No. 77 of 1946) — National Security (Landlord and Tenant) Regulations.

Melbourne and Metropolitan Tramways — Appeal Board — Appointment at salary exceeding 1,000l. per annum — Consent of Governor in Council required — Jurisdiction of Appeal Board — Melbourne and Metropolitan Tramways Act 1928 (No. 3732), sec. 17 — Melbourne and Metropolitan Tramways Act 1930 (No. 3902), sec. 2 — Melbourne and Metropolitan Tramways (Appeal Board) Act 1946 (No. 5206), sec. 2.

National Security — Landlord and tenant — Recovery of possession of prescribed premises — Lessor agreeing to sell premises — Purchaser entitled to vacant possession — Conditions to be fulfilled prior to possession — Defence (Transitional Provisions) Act 1946, No. 77 of 1946 — National Security (Landlord and Tenant) Regulations, reg. 58 (5) (k).

Infant — Custody — Removal from jurisdiction — No evidence that change would benefit infant — Application under Marriage Act, Part VII — Proceedings for dissolution of marriage pending — Cross-examination of respondent — Questions tending to show adultery — Whether liable to be asked — Marriage Act 1928 (No. 3726), secs. 104, 119, 145.

Divorce — Desertion — Deed of separation entered into after commencement of desertion — Respondent's repudiation of deed — Petitioner's determination not to live with respondent — Non-communication thereof to respondent — Whether desertion revived.

National Security — War Service Moratorium — Dwelling-house — About to become unoccupied — Protected person — Application for delivery of possession — Defence (Transitional Provisions) Act 1946 (No. 77 of 1946) — National Security (War Service Moratorium) Regulations, reg. 30A.

Landlord and tenant — Occupation of premises under Court order — Tender and acceptance of rent — Whether tenancy created.

Criminal law — Evidence of similar acts — Ground of admissibility.

Criminal law — Jury — Impanelling — Jury list exhausted — Jurors stood aside by Crown — Whether names to be replaced in jury box — Judge's power to discharge jury — Miscarriage of justice — Juries Act 1928 (No. 3707), sec. 67 — Crimes Act 1928 (No. 3664), sec. 594 (1).

Licensing — Permitting liquor to be drunk on licensed premises outside authorized hours — Licensee entertaining friend — Whether offence committed — Licensing Act 1928 (No. 3717), sec. 177.

Practice — Pleading — Plea in defence that defendant does not admit any of the allegations in specific paragraphs of statement of claim — Paragraph in statement of claim containing single allegation — Defence evasive and tending to prejudice fair trial of action — Summons to strike out defence — Rules of the Supreme Court 1938, Order XIX, rr. 19, 27.

Practice — Application for final judgment — Parties both incorporated — Failure to allege incorporation of parties in indorsement on writ — No reference to incorporation of parties in affidavit in support of application — Discretion of Judge in allowing plaintiff to make further application — Amendment of statement of claim — Rules of the Supreme Court 1938, Order III, r. 4; Order XIV.

Criminal law — Wounding with intent to murder — Unlawfully wounding — Self-defence — Provocation sufficient to reduce killing from murder to manslaughter — Alternative verdict — Burden of proof — Crimes Act 1928 (No. 3664), secs. 8, 16, 454.

Divorce — Practice — No proceeding for one year from the last proceeding — Notice to other party — Personal service necessary — Rules of the Supreme Court 1938, Order LXIV, r. 10; Order LXVII, rr. 4, 6; Chap. II, r. 122.

Local Government — Management and control of town hall — Duty imposed upon council — Delegation of complete control to committee — Committee including non-councillors — Invalidity of delegation — Power of council to contract by agent — Final acceptance of tender committed to agent — Council bound by acceptance — Local Government Act 1928 (No. 3720), secs. 189, 236-7, 501 — Local Government Act 1941 (No. 4869), sec. 19 — Local Government Act 1946 (No. 5203), secs. 190, 236-7, 501.

Landlord and tenant — Demise of part of premises for use as theatre on nights and afternoons — Whether lease or licence.

Will — Construction — Child of testator dead at date of will — Whether included in expression "any of my said children shall die in my lifetime" — Children of such deceased child to take share parent would have taken had she survived testator — Whether such children benefit under residuary clause.

Landlord and Tenant — Term or interest of tenant ending — Surrender of tenancy — Tenant not in occupation — Another person actually occupying the premises — Application for warrant of ejectment — Landlord and Tenant Act 1928 (No. 3710), sec. 69.

Infant — Illegitimate children — Access by father — Wishes of mother — Interests and welfare of children — Marriage Act 1928 (No. 3726), sec. 150.

Practice — Pleadings — Writ — Special Indorsement — No request for pleadings — Judgment entered in default of defence — Whether defence required — Rules of Supreme Court 1938, Order III, r. 6; Order XVIIIA, rr. 4, 5, 6; Order XX, r. 1; Order XXI, r. 6.

Jury — Verdict — Special verdict — Nature of — Right to return.

Divorce — Desertion — Deed of separation — Agreement to live together again — Whether refusal by one spouse to carry out such agreement constitutes desertion.

Property law — Court ordering partition or sale — One co-owner under disability — Duty of Court to protect his interest — Court prescribing conditions — Public Trustee — Application for leave to sell patient's interest in land — Property Law Act 1928 (No. 3754), Part IV — Public Trustee Act 1939 (No. 4654), secs. 32 (g), 37.

Divorce — Practice — Particulars — Admissions of adultery in affidavit verifying petition — Counter-petition alleging adultery — Sufficiency of particulars under counter-petition — Petitioner's admissions in affidavit relied on — Affidavit not in evidence at trial.

Company — Conflict of laws — Company incorporated in Victoria — Debenture stock — Trustees in England — Debenture stock secured on property in Australia — Redemption of debenture stock — Payment to trustees — Australian or English currency — Money of account.

National Security — War Service Moratorium — Protected person — Application for delivery of possession — Dwelling-house "unoccupied" — What constitutes a dwelling-house — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946 — National Security (War Service Moratorium) Regulations, reg. 30A.

Licensing — Annual licence fee — Licensee agreeing to pay further rent commensurate with annual licence fee — Whether agreement valid — Licensing Act 1928 (No. 3717), sec. 19 — Licensing (Fees) Act 1931 (No. 4001), sec. 2.

Local Government — By-laws — Prescribing residential areas — Not to preclude user of land for purposes for which used immediately before coming into operation of by-law — Repeal of by-law — Enactment of identical by-law — Meaning of "coming into operation of by-law" — Local Government Act 1946 (No. 5203), sec. 197.

Will — Absolute gift with trusts engrafted — Engrafted trusts failing — Clear words of donation necessary to enable legatee to take absolutely — Appropriation of a share and payment during life of income thereout not sufficient.

National Security — Landlord and tenant — Prescribed premises — "Reasonably required by the lessor for occupation by himself" — Hardship — Notice to quit — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-47 — National Security (Landlord and Tenant) Regulations, reg. 58 (5) (g) (i).

Fisheries — Obstructing inspector of fisheries in execution of duty — Taking boat downstream when ordered to bring boat to wharf — Knowledge of identity of officer and of order given — Evidence — Sufficient evidence for prima facie case — No specific denial of knowledge by defendant — Court using its own knowledge of general features of locality — Production of plans in Court — Fisheries Act 1928 (No. 3683), sec. 33.

Husband and wife — Evidence of marriage — Marriage by proxy — Cohabitation — Presumption of validity — Certificate of marriage — Affidavit in support of marriage — Maintenance — Means of support — Maintenance Act 1928 (No. 3722), secs. 3, 4, 6, 8.

Justices — Order to review — "Person who feels aggrieved" — National Security (War Service Moratorium) — Agent served with process — Agent appearing — Whether order reviewable by agent — Justices Act 1928 (No. 3708), sec. 150 — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-1947 — National Security (War Service Moratorium) Regulations, reg. 30A.

Agency — Compromise of action — Authority of Counsel — Ostensible authority — Client bound by settlement.

Insurance — Motor Vehicle — Claim against owner — Compromise by insurer — Claim not covered by policy — Estoppel — Insurer bound to indemnify owner — Motor Car (Third Party Insurance) Act, 1939 (No. 4688), secs. 10 (2), 19.

National Security — War Service Moratorium — Protected person — Dwelling-house about to become unoccupied — Justices — Order to review — Person who feels aggrieved — Not a party to the proceedings — Interest not really or directly affected — National Security Act 1939-1946 — National Security (War Service Moratorium) Regulations, reg. 30A — Defence (Transitional Provisions) Act 1946-1947 — Justices Act 1928 (No. 3708), sec. 150:

Jury — Practice — New trial — Misdirection to jury — Question of law — No objection to direction taken at trial — Whether new trial should be granted.

Negligence — Collision on road — Breach of road traffic regulations — Effect of breach — Whether private right of action arises — Whether conclusive evidence of negligence — Road Traffic Act 1935 (No. 4352), sec. 3 — Road Traffic (Country) Regulations 1944.

Practice — Consolidation — Negligence — Actions commenced by different plaintiffs against same defendants — Issues common to each action — Whether actions should be consolidated — Stay of proceedings — Rules of the Supreme Court 1938, Order XLIX, r. 3.

Customs — Prohibited imports — Motor vehicle used to convey such chattels — Owner of vehicle unaware of such use — Immediate forfeiture of vehicle — Customs Act 1901-1936, sec. 229.

Land — Compensation — Compulsory acquisition — Amount offered refused — Arbitration — Award in favour of claimant — Costs of arbitration — Lands Compensation Act 1928 (No. 3711), secs. 15, 30.

National Security — Landlord and tenant — Notice to quit — Grounds stated in the alternative — Sufficiency of particulars — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-1947 — National Security (Landlord and Tenant) Regulations, regs. 58 (5) (g) (i), 61.

Company — Voluntary winding-up — Liquidator contracting to buy and sell land — Liquidator's powers — Whether necessary for the beneficial winding-up — Application to Court to have question determined — Companies Act 1938 (No. 4602), secs. 191, 248, 252.

Nuisance — Noise, smoke and fumes — Saw-mill — Interference with enjoyment of neighbouring properties — Injunction.

Health — Offensive trade — Discharging fumes — Nuisance — Declaration by ratepayers of municipality — Premises not within municipality — Whether declaration admissible in evidence — Power of council of municipality to take proceedings — Health Act 1928 (No. 3697), sec. 87.

Administration and Probate — Testator's family maintenance — No provision made by testator for adult daughter living apart from parents and supporting herself — Application by daughter for provision out of testator's estate — More consideration to be given to applicant in case of adult daughter than in case of adult son — Administration and Probate Act 1928 (No. 3632), Part V. — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.

Trusts — Payment out of trust fund for maintenance and education of infant beneficiary — Whether payment for benefit of infant — Payments already being provided by Children's Welfare Department — Likelihood of payments ceasing — Trustee Act 1948 (No. 3792), sec. 33.

Income Tax — Action against taxpayer — Understatement of income — Meaning of "any income" — Return of income — "False in any particular" — Meaning of "particular" — "Amount of tax that would have been avoided" — Meaning of — Evidence — Increase in assets of taxpayer — During income years prior to those in issue — Admissibility — To show mens rea of defendant — Income Tax Assessment Act 1936-1946 (No. 27 of 1936 — No. 6 of 1946), secs. 227, 230.

Transfer of Land — Mortgage — Amount due under mortgage fully paid — Mortgagee refusing to execute discharge — Dispute as to payments — Action by mortgagor to compel execution of discharge — Whether redemption suit — Practice — Costs — Whether mortgagee entitled to his costs — Transfer of Land Act 1928 (No. 3791) secs. 161, 162.

Local Government — Action for negligence against council — Notice of accident — Notice before action — Statute of Limitations — City of Melbourne — Local Government Act 1891 (No. 1243), secs. 123, 124, 125 — Local Government Act 1903 (No. 1893), sec. 2, First Schedule — Local Government Act 1946 (No. 5203), secs. 4, 852, 853, 854.

Crown Practice — Prerogative writ — Mandamus — Mandamus to appoint — Denial of legal right — No other effective legal remedy — Discharged serviceman — Preference in promotion — "Continuous full-time military service" — Service in a prescribed area — Any area beyond the limits of the Commonwealth prescribed — Appointment in public service — Duty of Public Service Board to make appointments — Duty to act in accordance with law — Right of public servant to require Board to so act — Appointment already made — Whether Board functus officio — Appointee not yet notified, nor entered upon office — Public Service Act 1946 (No. 5124), sec. 32 — Discharged Servicemen's Preference Act 1943 (No. 4989), secs. 2, 4, 10.

Landlord and tenant — National Security — Employee occupying premises — Whether tenant — Tenant dying intestate — Vesting of tenancy in Public Trustee — Public Trustee not claiming interest in tenancy — Whether tenancy terminated — Widow of tenant continuing to occupy premises after tenant's death — Whether entitled to benefit of National Security (Landlord & Tenant) Regulations — Public Trustee Act 1939 (No. 4654), sec. 10 — National Security (Landlord & Tenant) Regulations, reg. 74 — Defence (Transitional Provisions) Act 1946-1947.

Divorce — Desertion — Constituents of offence.

Practice — Action for specific performance — Submission no case to answer — Hearing of submission — Election of defendant not to call evidence — Judgment for defendant on plaintiff's case — Rules of the Supreme Court 1938, Order XXV, r. 2.

Contract — Action on contract or sale of land — Authority of agent to sign — Lawfully authorised in writing — Sufficiency of authority if signed by one only of two persons to be charged — Instruments Act 1928 (No. 3706), sec. 129.

Landlord and tenant — National Security — Sub-letting without knowledge or consent of lessor — Lessee delivering up possession at expiration of lease — Sub-lessee remaining in occupation — Whether sub-lessee protected by Landlord and Tenant Regulations — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-1947 — National Security (Landlord and Tenant) Regulations, reg. 73.

Bailment — For limited purpose — Dealing in chattel inconsistent with terms of bailment — Bailor's right to sue — Possession revesting in bailor.

Will — Conditional gift — To receive income so long as married to present wife — Whether condition invalid as being contrary to public policy.

Divorce — Desertion — Deed of separation — Limited period — Request for resumption of co-habitation refused — Whether such refusal constitutes desertion.

Stamps — Receipt — Card signed at same time as payment of wages made — Whether dutiable as a receipt — Stamps Act 1928 (No. 3775), secs. 52, 55 — Stamps Act 1946 (No. 5204), secs. 50, 53.

Insurance — Practice — Action for damages for bodily injury — Defendant requesting medical examination of plaintiff — Plaintiff refusing, unless her medical adviser present, and his fee paid by defendant — Whether such a requirement reasonable — Motor Car (Third-Party Insurance) Act 1939 (No. 4688), sec. 26 (b).

Will — Construction — Gift to children then living and issue of deceased children — Gift to issue of child dying "before receiving his or her share" — "Improvements" — Unapplied rents not going with corpus.

Divorce — Permanent alimony — Amount — Means of husband — Other circumstances to be considered.

Landlord and tenant — Lessee failing to perform or observe term or condition of lease — Performance or observance not waived by lessor — Onus of proving performance or observance not waived is on lessor — Condition in lease that lessee would give up possession on specified date — Tenant holding over — Statutory tenancy — Failure to give up possession on specified date is not a breach of such statutory tenancy — National Security Act 1939-1945 — Defence (Transitional Provisions) Act 1946-1947 — National Security (Landlord and Tenant) Regulations, reg. 58 (5) (b).

National Security — Landlord and Tenant — Recovery of possession of premises — Assignment not approved by the lessor — No assignment executed — Inference to be drawn from established facts — Whether person in possession estopped from denying assignment — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-1947 — National Security (Landlord and Tenant) Regulations, reg. 58 (5)(m).

Administration and probate — Maintenance of child — Order for weekly payments contained in decree nisi for divorce — Arrears owing at death of father — Whether estate liable to pay — Supreme Court Act 1928 (No. 3783), sec. 173 — Administration and Probate Act 1928 (No. 3632), sec. 33 (2).

Animals — Dogs — Chasing cattle or sheep — Enclosed area — Dog found at large in enclosed area — Common law right to kill — Statutory right to kill — Dog Act 1928 (No. 3667), sec. 19.

Divorce — Practice — Jury trial — Order of addresses — Respondent and co-respondent separately represented and each calling evidence.

Trustee — Executor — Breach of trust — Sale of trust estate — Purchase by wife of trustee — Special nature of matrimonial relationship — Presumption of benefit to trustee — Rebuttal — Whether transaction valid.

Income Tax — Action for recovery of penalties — Order for payment of penalties — Enforcement of order — Mode of enforcement at discretion of Court — One mode exclusive of others — Whether proceedings civil or criminal — Income Tax Assessment Act 1936-1943, secs. 230, 233, 247, 248.

National Security — Landlord and tenant — Recovery of possession of premises — Lessee sub-letting without lessor's consent — Lessee conducting a business of sub-letting — Whether any discretion to make an order for possession — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-1947 — National Security (Landlord and Tenant) Regulations, reg. 63.

National Security — Landlord and tenant — Notice to quit — Prescribed premises — Reasonably required by lessor for demolition — Intention to remove premises and re-erect them elsewhere — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-1947 — National Security (Landlord and Tenant) Regulations, reg. 58 (5) (l) — [Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5) (m)].

Transport regulation — Commercial goods vehicle — Driving — Hours for rest — Time spent on vehicle reckoned as time spent in driving — Otherwise than as a passenger — Transport Regulation Act 1933 (No. 4198), sec. 39.

Landlord and tenant — War service moratorium — Protected person — Dependant of member of the forces — Pension payable in respect of the first world war — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-1947 — National Security (Landlord and Tenant) Regulations, reg. 58 — National Security (War Service Moratorium) Regulations, reg. 28A.

Will — Gift on trust for son and thereafter to his children — Life interest followed by an absolute gift — Gift on trust for daughter with provision that if she died, share to be divided between testatrix's remaining children, and if she married, share to be reduced — Absolute gift, if daughter survived testatrix, reducible contingently on her marrying.

Administration and Probate — Testator's family maintenance — Moral claim of applicant on testator — Declaration of testator — Discretion of primary Judge — Disparity between amount ordered and appellate Court's view as to amount which should be ordered — Review of discretion — Administration and Probate Act 1928 (No. 3632), Part V — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.

Local government — By-law — Residential area — Prohibition against carrying on trades, industries or business — Use of land for same purpose prior to by-law — Whether council may permit continued use of land if it thinks it reasonable in the circumstances — Local Government Act 1946 (No. 5203), sec. 197 (1) (xxxviii) (a), (7).

Criminal law — Obscene libel — Constitutents of offence — Jurisdiction of Supreme Court to try — Police Offences Act 1928 (No. 3749), Part V.

Will — Annuities and legacies — Insufficient assets — Abatement — Deficiency to be equitably borne — Direction to appropriate fund — Whether later dispositions postponed to earlier — Testator's intentions to be carried out as nearly as possible.

Divorce — Repeated assaults and cruel beatings — During period of twelve months — Marriage Act 1928 (No. 3726), sec. 75 (d).

Divorce — Desertion — Evidence — Statutory declaration made to Department of the Army — Production of declaration whether contrary to public interest — Objection by District Finance Officer — No evidence that Minister has considered matter.

Divorce — Adultery — Condonation — Revival — Practice — Dispensing with co-respondent — Costs.

Divorce — Restitution of conjugal rights — Domicil of petitioner in New South Wales — Residence of petitioner in Victoria — Jurisdiction of Supreme Court to decree restitution of conjugal rights under Commonwealth Act — Matrimonial Causes Act 1945 (No. 22 of 1945), Part III.

Police offences — Gaming and wagering — Betting in a street — "Street" not being a racecourse — Evidence — Burden of proving enclosure not a racecourse — Justices Act 1928 (No. 3708), sec. 214 — Police Offences Act 1928 (No. 3749), sees. 104, 106.

Fraud — Action to set aside judgment — Judgment allegedly obtained by perjury — Stay of action — Onus on plaintiff to show clearly that defendant did perpetrate fraud — Statement of claim struck out.