VPRS 13032 Miscellaneous Application Files

Full description

Papers identified as being Miscellaneous Papers involve matters relating to Supreme Court applications made under a variety of Acts. These Acts include the Insolvency Statute, Conveyancing Act, Probate - Statute of Trusts 1864, Widows and Young Children Maintenance Act and the Registration of Births Act.

From 1841 to 1852, all Victorian Supreme Court cases were handled by the New South Wales Supreme Court, Port Phillip District, under the Act for Further Amendment of the Law, and for the Better Advancement of Justice 5 Vic., No.9 (1841). 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 Vic., No.10 (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 The 1883 Act was later repealed, and was re-enacted with considerable procedural amendments by the Supreme Court Act 1890.

The Master in Equity was responsible for the administration of the Supreme Court in Equity as well as holding various other positions. In 1883 under the Judicature Act the position of Prothonotary of the Supreme Court (VA 433) was established to relieve the Master in Equity of the administration of matters not related to Equity. The Prothonotary later assumed responsibility for the Equity functions of the Master in Equity.

The matters falling within the jurisdiction of the Equity Court include:

Papers identified as being Miscellaneous Papers involve matters relating to Supreme Court applications made under a variety of Acts. These Acts include the Insolvency Statute, Conveyancing Act, Probate - Statute of Trusts 1864, Widows and Young Children Maintenance Act and the Registration of Births Act.

The matters falling within the jurisdiction of the Equity Court include:

Property: particularly trusts, married women's property and the equitable rules governing mortgages.

Contracts: where specific performance and injunction were lent in the aid of common law rights.

Deceased Estates: where the doctrines of satisfaction, performance and others assisted in the administration of estates.

Procedure: the power to order discovery and interrogatories provided assistance to litigants both at common law and equity.

Guardianship and Lunacy: under which Equity provided for the care and management of the person and property of people lacking legal capacity.

Commercial matters: under which Equity ensured honesty in business affairs. This was most significant in the area of bankruptcy.

Previous Series:

All miscellaneous applications made prior to 1984 are contained in VPRS 12024, Miscellaneous and Company Applications Files.