State Records Office of WA SROWA

Government of Western Australia, Department for Culture and the Arts.

Series S40 - DIVORCE REGISTERS AND INDEXES

Identity area

Reference code

AU WA S40

Title

DIVORCE REGISTERS AND INDEXES

Date(s)

  • 1864-01-01 - 1977-12-31 (Creation)

Level of description

Series

Medium

Format

Volumes

Status

Context area

Name of creator

AU WA A44 - SUPREME COURT OF WESTERN AUSTRALIA (1861-01-01 -)

Administrative history

A Court of Quarter Sessions was established in Western Australia in 1830 and a Civil Court established two years later. However, as the colony grew and as society became more complex, the judiciary became overtaxed. In the 1850's the equity jurisdiction of the Civil Court was challenged while the courts' jurisdiction in criminal matters was questioned. For these and other reasons, the Supreme Court Ordinance of 1861 was introduced.

The Supreme Court Ordinance (proclaimed on 18 June 1861) provided for a Supreme Court which had the same criminal, common law, and equity jurisdiction as the Courts of Westminister. The Ordinance amalgamated the Court of Quarter Sessions with the Supreme Court and transferred to it a number of functions of the Civil Court. For example, the Supreme Court was empowered to grant probates and letters of administration and given jurisdiction in bankruptcy matters. After 1863, the Supreme Court was also given jurisdiction in matrimonial causes (i.e. divorces).

Under the Ordinance, the officers of the Supreme Court were to be the Chief Justice (Archibald Paull Burt), an Attorney-General, a Master, and a Registrar.

In 1880 a new Supreme Court Act was introduced. The Act which came into force on 1 August 1881, clarified the Court's jurisidiction in admiralty matters and empowered the Chief Justice to make Rules for the conduct of the Court. Provision was also made for the appointment of one or more puisne judges and for the Chief Justice and other judges to sit as a Full Court. Initially, the Full Court could only entertain motions for retrials and pronounce on points of law, but after 1886 it was given the status of a Court of Appeal.

The first sitting of the Supreme Court was held on 3 July 1861 and for the first few years it occupied premises in the Police Court and Gaol Building in Beaufort Street, Perth. In 1863 it moved to the old (1836) Court House in Stirling Gardens and in 1880 moved again to the old (1835) Commissariat Store at the foot of Barrack Street. Despite alterations the Commissariat building was inadequate and in the 1890's work began on a new, purposely-designed courthouse. The new building, completed in 1903, is still the principal seat of the Supreme Court of Western Australia.

Archival history

Content and structure area

Scope and content

Divorce Registers and alphabetical index of petitioners. Early volumes include precis and decrees. Later volumes record names of petitioners, respondents and co-respondents; maiden name of wife and date and place of marriage; and (from 1941 onwards) the number of children by the marriage. Registers also record dates of filing of documents and issuance of decrees.

Accruals

System of arrangement

Chronological

Conditions of access and use area

Conditions governing access

Open

Conditions governing access (legacy)

Open access

Conditions governing reproduction

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Script of material

Language and script notes

Physical characteristics and technical requirements

Finding aids

Allied materials area

Existence and location of originals

Related units of description

Identifier

Category of relationship

Related

Description of relationship

Dates of relationship

1864-01-01 - 1976-12-31

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Name access points

Description control area

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Sources

Archivist's note

Range Control Symbol = 1 -
Copies: Microfilm copies(Cons. 3409, 3455 and 4331) are available in the State Records Office of Western Australia

Accession area

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