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Series VPRS 282
Equity Case Files, Ecclesiastical Jurisdiction
About this Series Related Series Accessing the records in this Series
Date Range: Series 1841 - ? 1883
  Series in Custody 1841 - 1874
  Contents 1841 - 1874
Public Access: Open
Location: North Melbourne
Format of Records: Physical
 
Agency which created this SeriesAgency which created this Series
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Date Range Agency Title Agency Number
1841 - 1852 Supreme Court of N.S.W. for the District of Port Phillip VA 914
1852 - 1854 Supreme Court of Victoria VA 2549
1854 - 1883 Master in Equity, Supreme Court (also known as Master in Equity and Lunacy 1867-1923) VA 2624
Agency currently responsible for this SeriesAgency currently responsible for this Series
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Date Range Agency Title Agency Number
1852 - cont Supreme Court of Victoria VA 2549
Description of this SeriesDescription of this Series
  • How to use the Records
    Consult the Records Description List.

  • Function / Content
    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 Vict 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. With the creation of the Supreme Court of Victoria (Act 15 Vict No.10) in 1852 the Master in Equity became a recognised officer in the Court in Victoria. In 1883, following the Supreme Court (Judicature) Act, the Ecclesiastical jurisdiction was discontinued as a separate jurisdiction and disputes or applications relating to the administration of deceased estates were dealt with by the Supreme Court.

    Where there was a dispute regarding the administration of a deceased estate this could be appealed to the Court of Equity. Originally this was known as the Ecclesiastical Jurisdiction deriving from the practice in England of all wills and administrations being originally dealt with by the Ecclesiastical Courts with this not becoming a function of the secular courts in England until 1858.

    These case files deal with cases brought before the Court by parties in dispute regarding the person with the right to apply for Letters of Administration in an intestate estate or an estate where the executors predeceased the testator or declined to serve or disputes regarding the executor entitled to apply for Probate of a valid Will. Case files may contain the Roll of Pleadings, affidavits and other documents presented to or created by the Court in the course of settling the case.

  • Recordkeeping System
    Files have each been given a running number as they came before the Court.
More research resourcesMore research resources
    PROVguide061 Divorce Records
Indexes and RegistersIndexes and Registers
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Date Range Series Title Series Number
Controlled SeriesControlled Series
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Date Range Series Title Series Number
Previous SeriesPrevious Series
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Transfer Date Series Title Series Number
Subsequent SeriesSubsequent Series
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Transfer Date Series Title Series Number
- 1883 Equity Case Files VPRS 259
1883 - 1883 Equity Case Files : Applications under Companies Statute, Property Statute and Statute of Trustees VPRS 12025
List/s of records in this seriesList/s of records in this series
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Consignment Number Contents Date Range Public Access No. of Units
P0000 1841 - 1874 Open 3
P0001 1859 - 1863 Open 1
Indexes and RegistersIndexes and Registers
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Date Range Series Title Series Number
More research resourcesMore research resources
    PROVguide061 Divorce Records

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