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Series VPRS
12024
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Companies and Miscellaneous Applications Files
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| Date Range: |
Series |
1884 - ? 1989 |
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Series in Custody |
1885 - 1989 |
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Contents |
1885 - 1989 |
| Public Access: |
Open |
| Location: |
North Melbourne |
| Format of Records: |
Physical |
  | Agency which created this SeriesAgency which created this Series |
| Agency currently responsible for this SeriesAgency currently responsible for this Series |
| Description of this SeriesDescription of this Series |
- How to use the Records
The cases in this series are equity suits. The files are arranged in numerical order by application or case number.
To obtain the application number, consult VPRS 5498 Index to Companies and Miscellaneous Applications Cases. The Index is arranged in alphabetical order by name of the matter in dispute, for example, the name of a company or the name of a deceased person, and gives the relevant application or case number. Note the case number.
Then refer to the consignment details for this series to identify the unit containing the case file in which you are interested.
- Function / Content
Papers identified as being Miscellaneous Papers involve matters relating to Supreme Court applications made under a variety of Acts. These Acts include the Insolvency Statute, Companies Act 1890, Conveyancing Act, Probate Statute of Trusts 1864, Widows and Young Children Maintenance Act and the Registration of Births Act.
From 1841 to 1852, all Victorian Supreme Court cases were handled by the New South Wales Supreme Court, Port Phillip District, under the Act for Further Amendment of the Law, and for the Better Advancement of Justice 5 Vic., No.9 (1841). 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. With the creation of the Supreme Court of Victoria (Act 15 Vic., No.10 (1852)) the Master in Equity became a recognised officer in the Court in Victoria. In 1883, by the Supreme Court (Judicature) Act, the English legislation providing for the concurrent jurisdiction of law and equity came to apply in Victoria where previously the court was notionally divided into a court of law and a court of equity. The 1883 Act was later repealed, and was re-enacted with considerable procedural amendments by the Supreme Court Act 1890.
The Master in Equity was responsible for the administration of the Supreme Court in Equity as well as holding various other positions. In 1883 under the Judicature Act the position of Prothonotary of the Supreme Court (VA 433) was established to relieve the Master in Equity of the administration of matters not related to Equity. The Prothonotary later assumed responsibility for the Equity functions of the Master in Equity.
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.
Commercial matters: under which Equity ensured honesty in business affairs. This was most significant in the area of bankruptcy.
P1 consignment: Units 99 and 100 contain court exhibits such as accounts for File No. 1654.
Unit 100 also contains two files that were not, strictly speaking, part of this series. These files concern two people whose affairs were being administered by the Master in Equity, possibly in his capacity as Master of Lunacy. One concerned an application made under the Inebriates Act and the other concerned an application made under the Lunacy Act.
- Recordkeeping System
These files are arranged in numerical order by application or case number.
Applications for hearings under the Companies Statute and a number of other statutes in the Supreme Court were registered and controlled within a single number system. The recordkeeping comprised three series:
VPRS 5373, Register of Applications under Companies Statute (Trading), Real Property Statute, Statute of Trustees, etc,
VPRS 12024, Companies and Miscellaneous Applications Files, and
VPRS 5498, Index to Companies and Miscellaneous Applications Files.
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| Indexes and RegistersIndexes and Registers |
| Controlled SeriesControlled Series |
| Previous SeriesPrevious Series |
| Subsequent SeriesSubsequent Series |
| List/s of records in this seriesList/s of records in this series |
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