These files deal with the discharge of bankruptcies under the Bankruptcy Act 1892 and later the Bankruptcy Act 1924-1955. A memorandum of stisfaction is entered on the judgement of the party has fulfilled the conditions of discharge. The consignme...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - BUILDING SOCIETIES AND CREDIT UNIONS
Files maintained to register the details of building societies and credit unions.
SUPREME COURT OF WESTERN AUSTRALIA
These files relate to cases in equity. Equity is a system of jurisprudence developed in England to supplement and remedy the limitations and inflexibility of the common law. It related particularly to land and ties to, or hold over land. Holding e...
SUPREME COURT OF WESTERN AUSTRALIA
These files relate to cases in equity. Equity is a system of jurisprudence developed in England to supplement and remedy the limitations and inflexibility of the common law. It related particularly to land and ties to, or hold over land. Holding e...
SUPREME COURT OF WESTERN AUSTRALIA
Cases stated are a type of appeal. They differ from ordinary appeals in being decided on a question of law as opposed to a question of fact. During a hearing/trial a question on a point of law can arise on which the magistrate/judge is unable to d...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - CASES STATED, CAVEATS AND APPEALS - GOLDFIELDS ACT
Cases on the goldfields were heard by Wardens' Courts. Under the 1895 Goldfields Act, Wardens could reserve points of law which arose in these cases for the opinion of the Supreme Court, since many early Wardens had no legal training. ...
SUPREME COURT OF WESTERN AUSTRALIA
The Civil Court of Western Australia was established in 1832 to deal with all cases as did the Courts of Westminister in England. Suits were to be commenced in the Court by summons and not by arrest. Pleadings in the court were to be oral and made...
SUPREME COURT OF WESTERN AUSTRALIA
This series of civil writs files continues on from WAS 576. From 1889 the system of arrangement becomes alpha numerical with files taking the plaintiff's initial followed by a number (A1, A2, B1, B2 etc) within each year.File numbers can be f...
SUPREME COURT OF WESTERN AUSTRALIA
This series of civil writs continues on from WAS 201. From 1881 the various documents (warrants, writs, affidavits etc) relating to each case are collected together into files with a single annual number system of arrangement (1/1881 - ). These ar...
SUPREME COURT OF WESTERN AUSTRALIA
The "common law" system which had existed in England was substantially applied in Western Australia. Under this, judgements were based on either the parliamentary laws or a precedent.The series contains files for a variety of cases based on common...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - CONSCIENTIOUS OBJECTORS FROM MILITARY SERVICE
The Defence Act 1903 - 41 and Ammended Act, 1963 is a Commonwealth Act under the Westminister System, with parts 4 & 5 referring to Conscientious Objectors. Such a person applied to their Local District Court for Exemption from Military Service. S...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - COURT FINES AND FORFEITED RECOGNISANCE
These files record fines and forfeitures in the following cases:1. Fines imposed for persons not appearing as jurors or witnesses under 27 Vic No. 1 1863.2. Forfeited Recognisance. A recognisance was the sum pledged as surety on a bond or obl...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - COURT ORDERS AND CASES
These files, originally labelled "Miscellaneous", apparently concern Supreme Court activities which did not fall under the major filing sequences, such as probate, civil writs, divorce etc.The earlier files mainly consist of applications for a var...
SUPREME COURT OF WESTERN AUSTRALIA
At the time of the foundation of the Swan River colony, there was no right of appeal at all in criminal proceedings under the common law and statute law of England. Two Acts in 1886, 50 Vic. No. 15 and 50 Vic. No. 28 provided for appeal in crimina...
SUPREME COURT OF WESTERN AUSTRALIA
In order to deal with criminal offences Captain Stirling created the appointments of Justices of the Peace on 9 December 1829 under the 1535 Act Hen. VIII, excluding the "caution clause". A further Proclamation was made on 20 January 1830 appointi...
SUPREME COURT OF WESTERN AUSTRALIA
With the establishment of the Supreme Court in 1861, criminal matters were transferred to the Supreme Court. A Justice Act, No. 14 of 1902 was created to establish a "Code of Criminal Law". This Code was repealed and re-enacted with amendments bet...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - DEFUNCT FOREIGN COMPANIES
This series comprises files of Foreign owned companies that have been registered as defunct. The files typically contain memorandum and articles of association related to the dissolution of the company, but may also contain initial company registr...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - DEFUNCT STATE COMPANIES
This series comprises files of State owned companies that have been registered as defunct. The files typically contain memorandum and articles of association related to the dissolution of the company, but may also contain initial company registrat...
COMPANIES REGISTRATION OFFICE
FILES - DIVORCE EXCEPTIONS AND INTERSTATE DIVORCE
These are files related to divorce which fall outside the usual applications to file for dissolution of marriage under the Matrimonial Causes Act 1959.There are three categories:1. Applications under Section 43 of the Act, seeking to vary the prov...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - ELECTIONS PETITIONS ACT
If a person considered that there had been corrupt practices during the conduct of elections for the Legislative Council, the Elections Petitions Act (39 Vic 10, 1875) granted the right to present a petition to the Chief Justice of the Supreme Cou...
SUPREME COURT OF WESTERN AUSTRALIA
Under certain circumstances, lands become the property of the Crown:through the death of an owner who is intestate or without an heir. when there is no-one legally qualified to inherit or to claim. The land is said to have "escheated" to the Crow...
SUPREME COURT OF WESTERN AUSTRALIA
Files of Full Court Lists, being lists of cases being heard by the Full Court of the Supreme Court for each sitting (March, May, July, September, November for most years). Cases include motions for admission (by solicitors/barristers) and appeals ...
SUPREME COURT OF WESTERN AUSTRALIA
The Inebriates Act, No. 47 of 1912, allowed a Judge or Magistrate to place an inebriate in an institution for up to 12 months. The Court could also make orders on the person's property for maintenance and for payment of debts, or appoint a ma...
SUPREME COURT OF WESTERN AUSTRALIA
Judgements, Nos. 1-2531, for 1861-1881, are located at item number 121-147 of Consignment 3580. These documents are judgements handed down in certain cases. Indexes to the judgements are at WAS 130 and details of the judgements are also found at W...
SUPREME COURT OF WESTERN AUSTRALIA
In 1866 30 Vic No. 5 an ordinance to give a preferable lien on wool, became law. Where any person (usually a merchant) made a bonafide advance of money or goods or promissory note, he was given a preferential lien on the next ensuing clip of wool....
SUPREME COURT OF WESTERN AUSTRALIA