VPRS 22339 Supreme Court Civil Cause Books, Horsham

Full description

This series comprises volumes used to record and allocate case numbers for civil actions initiated in the Supreme Court of Victoria on circuit in Horsham. A civil action was initiated when a plaintiff filed a summons at the Prothonotary’s Office.

Civil law deals with disputes between private parties where a remedy or relief may be awarded to the plaintiff to recognise that the defendant’s wrongful actions resulted in loss or damage to the plaintiff. A plaintiff is the person or organisation who is bringing the case to court, while the defendant is the person or organisation who is disputing the claims made by the plaintiff. A remedy or relief is how the court recognises and enforces a legal right. In the civil jurisdiction, this can include a financial remedy (such as money paid in damages or compensation) or some other form of relief (such as returning property or enforcing a contract). 

Details regarding each action is recorded over 2 folios (4 pages) in the books.  The first 2 pages identify the parties involved and detail the nature of the action.  Information captured includes the number of the action; the names of the plaintiff; defendant (s) and their solicitors, the date of filing of the summons; the entering of the appearance; a description of the complaint; damages sought; and if applicable, details on the issuing of writs of copias ad satisfaciendum (ca.sa) or fieri facias (fi.fa).  A fi.fa directs the sheriff of the Supreme Court to seize assets belonging to the defendant with a view to auctioning them to satisfy the complaint on the summons whilst, a ca.sa. also sees the defendant arrested.  An attempt by the plaintiff to have one of those writs issued with the summons is usually an indication that the defendant is a declared insolvent.

The second folio (last 2 pages of the 4) was used to document details of contested actions or default cases.  Blank pages on these pages usually indicate that the defendant met the complaint on the summons.  Details on these pages includes: date of the close of the pleadings; date of delivery of the trial papers; whether an action is for trial or assessment of damages; whether trial by judge alone or by jury; trial date; verdict; costs; details of final judgement; details of issue of copias ad satisfaciendum (ca.sa) or fieri facias (fi.fa) with the judgement and remarks.  The remarks column usually notes details of any subsequent court action, the issue of any nisi rules and filing and sundry information.  By the 1980s information about each case was recorded on a single page.

For the civil case files, see VPRS 22347 Supreme Court Civil Case Files, Horsham.