VPRS 22347 Supreme Court Civil Case Files, Horsham

Full description

This series comprises files for civil proceedings initiated in the Supreme Court of Victoria when sitting on circuit at the Horsham Court. Matters include but may not be limited to disputes over the failure to pay debts or non-performance of contract, probates, personal injuries, defamations, and family matters. 

A civil action is initiated when a plaintiff files a summons at the Prothonotary Office. The summons sets out a complaint against another party, i.e. the defendant, and establishes the nature of the plaintiff’s 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: the defendant 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); or contest the action through the lodging of a document known as an appearance (contested judgement). Only if this option is followed will 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.

The contents of files can vary considerably depending on the specifics of each action. Examples of documents that may be found on a civil case file include but are not limited to:

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.