VPRS 12098 Equity Rules Nisi

Full description

From 1841 to 1852 all Victorian Supreme Court cases were handled by the New South Wales Supreme Court, Port Phillip District under the Imperial Act 5 Vict No 9. It provided that the resident judge of the Port Phillip District should have exclusive jurisdiction to deal with civil and criminal cases. The Supreme Court had the same jurisdiction as that of the Lord High Chancellor in equity. With the creation of the Supreme Court of Victoria (Act 15 Vict No 10) in 1852 the Master in Equity became a recognised officer in the Court in Victoria. In 1883, by the Supreme Court (Judicature) Act, the English legislation providing for the concurrent jurisdiction of law and equity came to apply in Victoria where previously the court was notionally divided into a court of law and a court of equity. The 1883 Act was later repealed, and was re-enacted with considerable procedural amendments by the Supreme Court Act 1890.

Nisi Rules are any order or decree made which does not take immediate effect. The defendant must present him or herself before the judge who issued the rule on a set date to show cause why the rule issued should not be made absolute (ie enforced). On this date the judge will decide whether to enforce or discharge the rule.

Nisi rules are occasionally sought to increase or decrease costs awarded in the Supreme Court civil cases, declare non suits or to force new trials.

The Rules Nisi in this series were made by the Equity division of the Supreme Court of Victoria. They were previously scattered throughout Units 29 to 47 of VPRS 259 Equity Case Files.