VPRS 267 Civil Case Files

Full description

This series began in 1841 when a Resident Judge of the New South Wales Supreme Court for the Port Phillip District (VA 914) was appointed to hear civil cases in Melbourne. Prior to 1841 civil cases of any importance were heard in Sydney. In 1852, following separation from New South Wales, the Legislative Council passed an Act (15 Vic., No.10) to establish the Supreme Court of Victoria.

This series consists of civil proceedings that generally relate to failure to pay debts or non-performance of contract. Other cases refer to Jury and Personal Injury actions involving large claims (greater than $200,000 in 1999). Civil actions are not limited by the amount of money at stake, although all actions over a certain amount ($200,000 in 1999) 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, ie 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. He or she 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 latter 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.

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 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.