VPRS 15145 Supreme Court Civil Case Files, Warrnambool

Full description

This series comprises files recording civil actions initiated in the Supreme Court on circuit at Warrnambool.  Civil proceedings generally relate to the failure to pay debts or non-performance of contract. Other cases refer to Jury and Personal Injury actions involving large claims. Civil actions are not limited by the amount of money at stake, although all actions over a certain amount must be heard in the Supreme Court. Some case files relate also to appeals from lower courts and, up to 1976, post divorce financial settlements (see VPRS 283 Divorce Case Files).

A civil action was initiated when a plaintiff filed a summons at the Prothonotarys Office. The summons sets out a complaint against another party, i.e the defendant, and establishes the nature of the plaintiffs complaint with a provision that, if the complaint were met by a specific date, the action would cease. Upon receiving a summons the defendant then has three alternatives. They can either:

• Meet the complaint on the summons and thus end proceedings (lapsed action)
• Do nothing, in which case a default judgement (and costs) would be awarded by the Court in the plaintiffs favour (default judgement)
• Contest the action through the lodging of a document known as an appearance (contested judgement).

Only if the latter option is followed would an action become a civil trial. However the original writ, including the plaintiffs claim, can be viewed on the case file irrespective of the cases outcome.

Examples of documents on a case file may include: Writ (including the plaintiffs claim); Particulars of demand; Summons; Affidavit in support of the Summons; Statement of Defence; Notice to Produce; Interrogatories; Answers of the defendant to the plaintiffs interrogatories; Notice of Trial; Certificate of readiness for trial; Order; Opinion/s; Subpoena/s; Summons for Final Judgement; Bill of Costs; Writ of Execution; Final Judgement; and Appeal.

The Full Court of the Supreme Court (consisting of usually three, but sometimes five judges) hears and determines appeals from single judges of the Supreme and County Court. There is usually no general right of appeal from a decision of a Magistrates Court; however, a dissatisfied party may apply to have a Supreme Court judge review a case in law. The main activities of the Supreme Court are based in Melbourne, and judges go on circuit to regional centres including Ballarat, Bendigo, Geelong, Hamilton, Mildura, Sale, Shepparton, Wangaratta and Warrnambool.  

From the passing of the original Act in 1852, many subsequent Acts have amended the Supreme Courts jurisdiction in civil matters. The two most recent of these Acts being the Supreme Court Act 1986 and the Constitution (Supreme Court) Act 1989.