VPRS 31 Equity Case Files

Full description

From 1841 to 1852 all Victorian Supreme Court cases were handled by the New South Wales Supreme Court, Port Phillip District under the Imperial Act 5 Vic., No 9. It provided that the resident judge of the Port Phillip District should have exclusive jurisdiction to deal with civil and criminal cases. The Supreme Court had the same jurisdiction as that of the Lord High Chancellor in equity. In 1852, the Master in Equity, Supreme Court of Victoria was responsible for the Equity Court.

The matters falling within the jurisdiction of the Equity Court include:

Property: particularly trusts, married womens property and the equitable rules governing mortgages;

Contracts: where specific performance and injunction were lent in the aid of common law rights;

Deceased Estates: where the doctrines of satisfaction, performance and others assisted in the administration of estates;

Procedure: the power to order discovery and interrogatories provided assistance to litigants both at common law and equity;

Guardianship and Lunacy: under which Equity provided for the care and management of the person and property of people lacking legal capacity; and

Commercial matters: under which Equity ensured honesty in business affairs. This was most significant in the area of bankruptcy.