FILES - MARRIAGE OF MINORS, LEGITIMATION AND BIRTH REGISTRATION
The series contains files relating to 2 laws:A. The Commonwealth Marriage Act, No. 12 of 1961This allowed the Supreme Court to hear applications under certain sections of the Act. Files include applications under the following provisions:PART II. ...
SUPREME COURT OF WESTERN AUSTRALIA
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
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
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
FILES - RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS ACT
The W.A. Reciprocal Enforcement Maintenance Orders Act, No. 27 of 1921, provided for the enforcement of maintenance orders in W.A. where the divorce and order were granted outside W.A. and vice-versa. The orders had to be registered with the Supre...
SUPREME COURT OF WESTERN AUSTRALIA
FILES - PREROGATIVE WRITS OF CERTIORARI, PROHIBITION, MANDAMUS AND HABEAS CORPUS
This series contains files for several types of prerogative writs. These were writs issued by the Supreme Court for the supervision of inferior courts, tribunals and administrative bodies. The different types are described on the next page.The ser...
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
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 This Code was repealed and re-enacted with amendments bet...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 - SPECIAL CASES STATED - MINING
The Wardens' Courts heard cases on the goldfields. Many early Wardens had no legal training, so the Goldfields Acts of 1886 and 1895 made provision for them to reserve points of law for the opinions of the Supreme Court on any case before a ...
SUPREME COURT OF WESTERN AUSTRALIA
Under the Goldfields Act of 1895, Wardens' Courts dealt with goldfields cases. Many early Wardens had no legal training, and the Act allowed them to reserve points of law for the opinion of the Supreme Court. The case was suspended while the ...
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
FILES - APPEALS - GOLDFIELDS ACT
The 1895 Goldfields Act set up a Court of Mining Appeals consisting of 3 judges of the Supreme Court to hear appeals on decisions of the Wardens' Courts on civil cases on the goldfields.Either party could appeal on a question of law or the ad...
SUPREME COURT OF WESTERN AUSTRALIA
The Mining Act (No. 15 of 1904) permitted any person claiming an interest in a lease or mining venture to lodge a caveat forbidding any transfer, change of proprietorship or other activity affecting that interest. A lessee, applicant, shareholder ...
SUPREME COURT OF WESTERN AUSTRALIA
The Mining Act (No. 15 of 1904) repealed the 1895 Goldfields Act, and hence apparently discontinued the Court of Mining Appeals which had previously heard appeals on decisions of Wardens' Courts. The 1904 Act provided for appeals to the Supre...
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 - 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
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
Labelled "Miscellaneous", these registers apparently record cases filed and indicate where the files will be found. The registers are alphabetical, by family name or company name of parties involved.The first volume entries give the name, type of ...
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 - REGISTRATION OF CROWN LIEN
Among the English laws adopted by Western Australia in the Adopting Imperial Act 3 Vic 8 of 1867, was 2 and 3 Vic C11. One of its provisions was for a "crown lien" to be taken out over property for monies owed to the Crown, such as failure to pay ...
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 - PROBATE OFFICE CORRESPONDENCE
These are the general correspondence files of the Probate Office. This includes general enquiries, supply of forms to solicitors and records kept in accordance with the Stamp Act 1902. These records concerned duties charged for instruments registe...
SUPREME COURT OF WESTERN AUSTRALIA
The Settled Land Act of 1892 allowed for the sale, lease or improvement of land which was the subject of a settlement.A settlement usually placed land in trust for a person, or limited land to a person for his/her lifetime by a will or a marriage ...
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
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
The Petition of Right was the form used under the Crown Suits Act 31 Vic. No. 7 of 1867 for proceedings against the Crown for damages for breach of contract or for the recovery of property. The alphabetical index at the front of the volume is arra...
SUPREME COURT OF WESTERN AUSTRALIA
REGISTERS - POWERS OF ATTORNEY
The Power of Attorney Act (60 Vic. No. 2 of 1896) provided that an instrument creating a power of attorney might be deposited in the Supreme Court Office. A person living in another country, state or town would appoint someone in Western Australia...
SUPREME COURT OF WESTERN AUSTRALIA
The Railways Act 42 Vic 31 of 1878 made provisions for land to be taken, entered on, used or resumed for certain purposes relating to the building of railways.Persons affected had to establish title to the land and submit a claim to the Commission...
SUPREME COURT OF WESTERN AUSTRALIA
The Powers of Attorney Act (60 Vic No. 2 of 1896) provides that an instrument creating a power of attorney may be deposited in the Supreme Court Office. These files consist of these deposited instruments.Many early powers of attorney were granted ...
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
The Petition of Right was the form used under the Crown Suits Act 31 Vic No. 7 of 1867 for proceedings against the Crown for damages for breach of contract or for the recovery of property.Access to these files is through the registers (WAS 892). F...
SUPREME COURT OF WESTERN AUSTRALIA
Maritime Prize CourtWhen enemy vessels and cargo are captured in port or at sea at the declaration of war or during a war by the naval forces of a belligerent power, they have to be taken to a port in the captor's country for 'adjudicati...
SUPREME COURT OF WESTERN AUSTRALIA
MINUTE BOOK - MARITIME PRIZE COURT
Maritime Prize CourtWhen enemy vessels and cargo are captured in port or at sea at the declaration of war or during a war by the naval forces of a belligerent power, they have to be taken to a port in the captor's court.A Prize Court is speci...
SUPREME COURT OF WESTERN AUSTRALIA
The Transfer of Land Act, 1874, introduced the Torrens system of land registration. This simplified the title to land, guaranteed it and facilitated dealings with it.Land granted prior to 1875 could be registered under this Act. If a question aros...
SUPREME COURT OF WESTERN AUSTRALIA