VPRS 274 Orders to Review

Full description

This series consists of the Orders to Review for which applications were made to the Supreme Court. Most files contain the original affidavit, and may also contain an Order Nisi, an Order Absolute and a statement of costs. The summary of the court proceedings may be found in VPRS 5367 Court Books.

The Justices of the Peace Act 1887 provided that 'Where any person who feels aggrieved by the actions or order of a Court of Petty Sessions could, by affidavit, apply to the Supreme Court or a judge thereof for an order.' (Part VI (2)) Accordingly, Orders to Review were a means of appealing to the Supreme Court against a judgment brought in a Court of Petty Sessions and from 1971, the Magistrates' Court, in both the civil and criminal jurisdictions. This is effectively a judicial review where a Supreme Court judge reviews a decision made by a Victorian lower court, tribunal, public official or body (for example, a local council, minister or public servant). From 1958 cases were generally heard under the Justices Act 1958 in conjunction with other acts such as the Lotteries Gambling and Betting Act 1966 or the Local Government Act 1958, depending on the nature of the complaint. From 1971 cases were generally reviewed under the Magistrates' Act 1971 or directly from other legal bodies.

The P0001 consignment of this series was previously registered as VPRS 5595 Stephens v Abrahams Document A Estray. It is a document from case number 1688, Stephens v. Abrahams, and is Document A referred to in the Affidavit of Albert Walter Chartres. It was reserialised in 2001.