FILES - MARRIED WOMEN'S PROPERTY ACT
The Married Women's Property Act, No. 20 of 1892, entitled a woman to retain her own separate property upon marriage. She could also enter into contracts, sue and be sued in respect of the property, as if she was a 'feme sole'. Unde...
SUPREME COURT OF WESTERN AUSTRALIA
In addition to the provision for appeals in civil matters made by the Civil Court Act, there was a common law right of appeal to the Privy Council in England, over decisions of lower courts. Criminal matters require an application to the Privy Cou...
SUPREME COURT OF WESTERN AUSTRALIA
Files consisting of summons to either party in a civil case, or their attorney, to attend the Chief Justice, Archibald Paull Burt in his chambers. Cases concern guardianship and maintenance, equity, divorce, ecclesiastical (deceased estates) etc.F...
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
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
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
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
The Supreme Court of Western Australia was given jurisdiction in matrimonial causes by the Divorce and Matrimonial Causes Act of 1863 (27 Vic., No. 19). The Act provided that jurisdiction was to be exercised by a Court of Record known as the "Cour...
SUPREME COURT OF WESTERN AUSTRALIA
NEWSPAPER PROPRIETORS RETURNS OF SCHEDULES FOR REGISTRATION
Under "The Newspaper Libel and Registration Act, 1884 Amendment Act 1888" provision is made for the Registration of Newspaper Proprietors to be established under the superintendence of the Registrar (S.C.). Registration had to take place on or bef...
SUPREME COURT OF WESTERN AUSTRALIA
Applications for registration as an authorised sharebroker together with relevant supporting documentation.
SUPREME COURT OF WESTERN AUSTRALIA
REGISTER - NEWSPAPER PROPRIETORS
Under the Newspaper Libel and Registration Act, 1884 Amendment Act 1888 "provision is made for the Registration of Newspaper Proprietors to be established under the superintendence of the Registrar (Supreme Court) - Registration had to take place ...
SUPREME COURT OF WESTERN AUSTRALIA
DECREES NISI BECOMING ABSOLUTE
Lists of persons for whom decrees nisi became absolute
SUPREME COURT OF WESTERN AUSTRALIA
Minute books of the Civil Court from its inception in March 1832, kept by the Registrar.Volumes contain cause lists for each court sitting giving names of plaintiff and defendant, followed by minutes of proceedings, and judgement or outcome (eg st...
SUPREME COURT OF WESTERN AUSTRALIA
Praecipe for subpoena - documents lodged with the Registrar by solicitors applying for subpoenas to be issued or sealed. Documents show Case number, names of parties, date, name of solicitor, sometimes name of witness for whom subpoena is to be is...
SUPREME COURT OF WESTERN AUSTRALIA
REGISTERS - CASES CONDUCTED IN SUMMARY JURISDICTION COURTS
Registers of cases brought by Government agencies (eg, Commissioner of Taxes, Education Department, Chief Inspector of Rabbits, Factories Inspector etc) and which were conducted in summary jurisdiction courts.In W.A. courts of summary jurisdiction...
SUPREME COURT OF WESTERN AUSTRALIA
INDEXES - BANKRUPTCY PROCEEDINGS
1892 Bankruptcy Act.Indexes (by name of debtor) to Bankruptcy proceedings, giving file number only. Indexes seem to duplicate each other, as first volume was completed information was transposed into new volume. This occurred twice. After 1923 the...
SUPREME COURT OF WESTERN AUSTRALIA
Register of praecipes lodged at the Supreme Court under both common law and criminal jurisdiction.Shows date, form of document (summons, fi fa, subpoena etc), date, names of parties (plaintiff and defendant) and the person lodging (whether plainti...
SUPREME COURT OF WESTERN AUSTRALIA
INDEXES - BANKRUPTCY PROCEEDINGS
1892 Bankruptcy Act.Indexes to registers of notices, petitions and receiving orders. Index (by debtor's name) register, giving petition file number. Entries from 1892-1905 give book & page numbers for registers of notices, petitions and recei...
SUPREME COURT OF WESTERN AUSTRALIA
A Bill of Sale includes any document which notifies the transfer, or the intention to transfer, property or goods. A Bill of Sale Act was passed in 1899 which required the registration of all bills of sale. The Bills of Sale registers include the ...
SUPREME COURT OF WESTERN AUSTRALIA
REGISTERS - PROCEEDINGS IN COURT AND IN CHAMBERS
Bankruptcy Act 1892Records of proceedings heard in court or in chambers, before a judge or a registrar. The registrar is given certain powers by the court to perform certain judicial functions, such as holding public examinations, hearing applicat...
SUPREME COURT OF WESTERN AUSTRALIA
Nominal indexes to (inward) correspondence (whereabouts of which is unknown) of the Supreme Court.Shows name of writer, a (file) number, and the subject (in first volume only).
SUPREME COURT OF WESTERN AUSTRALIA
REGISTERS - ACTIONS REMITTED FROM LOCAL COURTS
Actions where the amount exceeds that dealt with in the Local Court were referred to the Supreme Court and then returned to the Local Court for judgement extraction. Shows local court number, date received from local court, plaintiff and defendant...
SUPREME COURT OF WESTERN AUSTRALIA
Alphabetical indexes to some of the Registers of Bills of Sale. Details include name, Book no and page no in the book. See WAS 1434.
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
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