Criminal law — Evidence — Confession by accused — Violence used towards accused — Accused put in terror by such violence — Confession not voluntary at common law — Confession inadmissible — Evidence Act 1928 (No. 3674), sec. 141.

Practice — Submission at close of plaintiff's case that there is no case to answer — Discretion of Judge as to whether defendant must elect not to call evidence.

Property law — Lease with option to purchase — Terms of purchase to be agreed upon subsequently — Uncertainty — Absence of concluded agreement — Property Law Act 1928 (No. 3754), secs. 49, 137, 203.

Private International Law — Deed of settlement — Intention of the parties — Proper law of deed — Deed executed in Scotland relating to Australian property.

Company — Statute — Retrospective effect of consolidation — Company struck off register — Reinstatement of company to register — Application made more than two and less than fifteen years after striking off — Companies Act 1938 (No. 4602), sees. 2 (2) (a) (i), 295.

Evidence — Criminal law — Assault — Cross-examination — Leading questions — Discretion of Court as to when leading questions should be allowed or prohibited.

Justices — Practice — Comment on evidence for informant — Submission that there is no case to answer — Reference to evidence already given — Justices Act 1928 (No. 3708), sec. 88.

Transfer of Land — Adverse possession — Title acquired by person in possession adverse to registered proprietor — Not transferred as against the registered proprietor — Purchaser of adjoining land going into possession of land acquired by his vendor by adverse possession — Rights thereto — Property Law Act 1928 (No. 3754), secs. 62, 276, 277, 281, 301 — Transfer of Land Act 1928 (No. 3791) secs. 87, 121 — Pretenced Titles Act 1540 (32 Hen. VIII, c. 9).

Fruit and vegetables — Selling fruit incorrectly packed — Sale by an employee — Whether offence committed — Fruit and Vegetables Act 1928 (No. 3687), secs. 41, 43, 49, 50.

National Security — Assignment of Lease — Illegality — Sale of business — Contract requiring vendor to assign lease of premises to purchaser — Whether purchase price payable in contravention of Landlord and Tenant Regulations — Defence Transitional Provisions Act 1946-1947 — National Security (Landlord and Tenant) Regulations, reg. 33.

Police — Right of police officer to salary — Whether right enforceable as matter of law — Petition of right — Police Regulation Act 1928 (No. 3750), sec. 13.

Will — Annuity — Payment out of income — Surplus after payment of annuity — Whether intestacy as to surplus — Power of trustee to pay income to person aged 21 years having contingent interest therein — Implied trust for accumulation — Whether "contrary intention" excluding power of trustee within the meaning of sec. 3 of the Trustees Act 1928 — Trustee Act 1928 (No. 3792), secs. 3, 31.

Divorce — Husband and wife — Domicil — Intention to change domicil of origin — Residence in new domicil for only short period — Significance of place of residence of wife — Marriage Act 1928 (No. 3726), sec. 76.

Barrister and solicitor — Practising solicitor — Failure to keep accounts — Failure to pay trust moneys into bank trust account — Failure to account for security — False particulars in statement of assets — Misconduct in a professional capacity — Conduct reasonably regarded as disgraceful or dishonourable by professional brethren — Law Institute Act 1928 (No. 3714), secs. 3 (1), 20 — Legal Profession Practice Act 1936 (No. 4418), secs. 3, 4 (1) — Legal Profession Practice Act 1942 (No. 4924), sec. 3 (2).

Landlord and tenant — Recovery of possession of premises — Prescribed premises — Dismissal of application on conditions — Lessor unable to avail himself of portion of premises made available to him by lessee — No default by lessee — Further order that lessee surrender additional space — Discretion — Course to be followed by Court when condition on which application was dismissed is not carried out — Extrinsic evidence to explain or interpret order of Court — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-1947 — National Security (Landlord and Tenant) Regulations, regs. 58 (5) (g) (ii), 63, 64. [Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5) (g) (ii), 45, 46.]

Negligence — Railways — Level crossing — Duty of train driver — County Court — Appeal — Verdict against weight of evidence — Duty of Full Court — Setting aside verdict — County Court Act 1928 (No. 3663), sec. 74 (3).

Crown practice — Prerogative writs — Habeas corpus — Immigrant — Convicted of larcency — Conviction for an offence punishable by imprisonment for one year or more — Deportation order — Direction of officer to keep person in custody pending deportation — No notification of reason for arrest — Arrest prior to issue of deportation order — Immigration Act 1901-1940, secs. 8A (1) (a), 8C — Crimes Act 1928 (No. 3664), secs. 71, 74.

Landlord and tenant — Prescribed premises — Reasonably required for occupation by the lessor — Reasonably suitable alternative accommodation — Hardship — Whether hardship — Question of law — Rights of lessor to possession of own property — Time at which premises are reasonably required — Bon fide and reasonable expectation that premises will be needed — Discretion — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5) (g) (i), 45.

Landlord and tenant — Complaint signed by agent — Firm of solicitors — One member of firm signing complaint other than as agent — Insufficiency of signature — Whether complaint should be dismissed or struck out as nullity — Landlord and Tenant Act 1928 (No. 3710), sec. 69 — Landlord and Tenant Act 1948 (No. 5264), sec. 85.

National Security — Landlord and tenant — Prescribed premises — Conviction "arising out of the use of the premises for any illegal purpose" — Convictions for drinking liquor on unlicensed premises; for selling liquor without licence — Confiscation of liquor — Use of premises as sly grog shop — Notice to quit necessary to determine lease after ground given — Acceptance of rent no waiver of right — Waiver of right to take proceedings — Election must be clear and unequivocal — Financial hardship — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-1947 — National Security (Landlord and Tenant) Regulations, reg. 58 (5) (e). [Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5) (e).]

Principal and agent — Commission — Agent authorized to "sell" — Agent introducing purchaser — Vendor and purchaser executing contract — Absence of proof purchaser able to complete contract — Agent entitled to commission on execution of contract.

Will — Bequest to charitable or benevolent institution — Payments in discretion of trustee — Void for uncertainty — No definite property given for charitable purpose.

Husband and wife — Authority to wife to purchase goods — Ratification — Agency — Wife leaving husband — Storekeeper selling goods to wife without notice of termination of authority — Estoppel.

Landlord and tenant — War Service Moratorium — Protected person — Recovery of possession of prescribed premises — Agreement or covenant depriving lessee of any right, power, privilege or benefit — Lease granted subject to existing tenancy — "By purchase" — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-1947 — National Security (Landlord and Tenant) Regulations, regs. 58 (5) (g) (i), 60A, 81 — National Security (War Service Moratorium) Regulations, reg. 30 (1) — [Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5) (g) (i), 40.]

Landlord and tenant — Lease for years — Lessee remaining in possession on expiration of lease — Rent tendered and accepted by lessor — Inference of tenancy from year to year — Effect of National Security (Landlord and Tenant) Regulations [Landlord and Tenant Act 1948].

Local Government — By-law — Building by-law — Caravan-kiosk possessing features of mobility — Halted indefinitely on site — Whether building — Local Government Act 1928 (No. 3720), secs. 198, 228.

Trust — Settlement — Class gift — Vested or contingent interest — Rule against perpctuities — Divesting provisions void for remoteness — Accumulation of income — Property Law Act 1928 (No. 3754), sec. 164.

Justices — Information — Breach of by-law — Failure to prove by-law — No objection taken — Whether by-law may be tendered on review.

Administration and probate — Will — Soldier — Killed on active service — Oral statements — Whether expression of final intention — Not necessary to show deceased knew he was making a will — Wills Act 1928 (No. 3803), sec. 10 — Statute Law Revision Act 1933 (No. 4191), sec. 2 — Wills (War Service) Act 1939 (No. 4684), sec. 2.

Administration and probate — Testator's family maintenance — "Children" — Retroactive operation of repeal of definition of "children" — Application by children more than six months after grant of letters of administration — Extension of time for making application — Power of Court — Administration and Probate Act 1928 (No. 3632), Part V, secs. 138, 139, 147 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), secs. 3, 6.

Criminal law — jury — Special verdict — Questions put to jury — Jury discharged after answering questions without giving verdict — Trial not concluded — Murder — Death brought about in the commission of a felony — Whether murder or manslaughter.

Will — Construction — Gift to great grand daughter wrongly described as grand niece — Gift to such other grand nieces and grand nephews as shall be living at the time of testator's death in equal shares as tenants in common — Surrounding circumstances — Intention of testator.

Companies — Shares fully paid up — Reduction of capital — Approval of Court — Power of Court to rectify register — Trustee registered as owner of shares — Discretion of Court — Companies Act 1938 (No. 4602), secs. 100, 101.

Evidence — Legitimacy — Presumption of legitimacy — Proof of legitimacy by baptismal certificate — Statement in continuous record entered in performance of duty to record information supplied — Information supplied by person who had, or might reasonably be supposed to have had, personal knowledge of information — Evidence Act 1946 (No. 5183), sec. 3.

Will — Revocation by marriage — Marriage in contemplation when made — Necessity to express in will itself particular marriage contemplated — Wills Act 1928 (No. 3803), sec. 16.

Landlord and tenant — Recovery of possession of premises — Title by estoppel — Proceedings by unregistered firm — Service — Last place of abode — Landlord, and Tenant Act 1928 (No. 3710), sec. 69 — Landlord and Tenant Act 1948 (No. 5264), sec. 85 — Business Names Act 1928 (No. 3648), secs. 5, 9, 12.

Local Government — By-law — Power to prohibit noises in public highways — By-law prohibiting shouting, calling out, haranguing or singing — Validity — Local Government Act 1946 (No. 5203), sec. 197 (1) (xxi).

Crown — Landlord and tenant — Whether the Victorian Railways Commissioners in leasing their own property are the Crown — Landlord and Tenant Act 1948 (No. 5264), secs. 5, 37 — Railways Act 1928 (No. 3759), secs. 50 (1), 85.

Transport regulation — Commercial goods vehicle — Operate — Carry goods in the course of trade — Course of trade — Isolated occasion — Transport Regulation Act 1933 (No. 4198), sec. 5, 46.

Will — Construction — Bequest — Payments postponed — Gift over — Whether interest vested — Gift of Interest on monies when due — Effect.

Divorce — Desertion — Wife declining to perform household duties — Husband consequently leaving her — Whether wife a deserter.

Criminal law — Special jury — Application by Crown — Complicated issues involved in trial — Matters to be taken into consideration — Juries Act 1928 (No. 3707), sec. 41.

Landlord and tenant — Occupation of employer's flat by fireman — At fireman's request — For purposes of employer's business and not by way of remuneration for services — Whether relationship of landlord and tenant exists.

Principal and agent — Commission — Agent instructed to obtain 7,000l. net — Sale at less than 7,000l. — Special employment not carried out — Failure of claim for commission.

Practice — Action on guarantee — Counterclaim by plaintiff — Submission at close of defendant's case of no case to answer — Whether plaintiff should be put to election or not — Discretion of judge.

Principal and surety — Non-disclosure of material facts — Whether contract of suretyship thereby invalidated.

Landlord and tenant — National security — War service moratorium — Protected person — Lessee — "Person claiming under lessee" — Surrender of tenancy — Person continuing in occupation — Trespass — Injunction — National Security Act 1939-1946 — Defence (Transitional Provisions) Act 1946-1947 — National Security (War Service Moratorium) Regulations, regs. 30 (2), (4), (6); cf. Landlord and Tenant Act 1948, sec. 72 (6).

Local government — Council — Whether agent of municipal corporation — Prerogative writ — Prohibition — Judicial function — Power to revoke licence — Natural justice — Right to be heard — Right to be represented by barrister and solicitor — Carriages Act 1928 (No. 3649), secs. 4, 5, 7; Local Government Act 1946 (No. 5203).

Vendor and purchaser — Water rate — Charge on land — Adjustment at settlement — Basis for apportionment — Whether based on period of time or amount of water consumed — Transfer of Land Act 1928 (No. 3791), Table A, cl. 10.

Money had and received — Payment under protest — Threat to withhold that to which party legally entitled — Whether payment voluntary or compulsory — Whether recoverable.

Dentist — Application for registration — Recognized certificate — Qualifications of applicant — Evidence of practice — whether admissible — Medical Act 1928 (No. 3730), secs. 52-55, 63.

Infant — Custody — Issue of parentage — Taking of blood tests — Standard of proof — Form of proceedings.

Electricity — User — Restriction thereof — By regulation — During state of emergency — Validity — Publication in "daily" newspaper — Meaning of "daily" — State Electricity Commission Act 1928 (No. 3776), sec. 27 (e).

Landlord and tenant — Prescribed premises — Shared accommodation — What is — Landlord and Tenant Act 1948 (No. 5264), secs. 2, 38.

Justices — Landlord and tenant — Complaint claming possession of premises — Complainants acting in two representative capacities — Only one capacity stated in complaint — Amendment — Jurisdiction — Justices Act 1928 (No. 3708), sec. 96.

Landlord and tenant — Lease granted subject to rights of tenant in possession — Notice to quit served within six months of such grant — Whether grant of such lease is purchase, transfer or assignment of dwelling-house or lease thereof — Landlord and Tenant Act 1948 (No. 5264), sec. 40 — Landlord and Tenant (Amendment) Act 1948 (No. 5291), sec. 6. — Statute Law Revision Act 1948 (No. 5331), sec. 2, Sch.

Evidence — Legitimacy — Claim to be next of kin of intestate — Burden of proof — Presumption of validity of marriage — When arising.

Licensing — Application for transfer of licence — Objection by Licensing Inspector — Discretion — Refusal of application — Case stated — Appropriateness of procedure — Function of Licensing Court not strictly judicial — Entitled to consider matter not proved by strictly legal evidence — Licensing Act 1928 (No. 3717), secs. 61, 67, 74, 107.

Licensing — Application to renew licence — Application opposed — Whether applicant a fit and proper person to have licence renewed — Onus of proof — Factors to be considered — Licensing Act 1928 (No. 3717), secs. 95, 98 (4).

Workers' compensation — Worker — Whether person employed a servant — Whether contract of employment made after Act extending definition of "worker" — Workers' Compensation Act 1928 (No. 3806), sec. 3 — Workers' Compensation Act 1946 (No. 5128), sec. 2 (2).

Melbourne Harbor Trust — Power to make regulations "generally for carrying out the objects and purposes of this Act" — Regulation prohibiting holding a meeting or addressing an assemblage upon or within property under the control of the Commissioners — Ultra vires — Melbourne Harbor Trust Act 1928 (No. 3733), sec. 138.

Dog — Mischievous disposition — Scienter — Quantum of evidence — Direction to jury.

Customs — Prohibited imports — Goods — Bon fide gifts — Meaning — Whether excepted from prohibition on importation — Customs Act 1901-1936, secs. 52, 229 — Customs (Import Licensing) Regulations (No. 163 of 1939), reg. 3.

Administration and probate — Revocation of probate — Original grant obtained by fraud — Escheat to Crown — Application for revocation — Procedure.

Administration and probate — Testator's family maintenance — Order made — Liberty to apply — Jurisdiction to make further order — Administration and Probate Act 1928 (No. 3632), sec. 145 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483).