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- 1832-01-01 - 1861-01-01 (Creation)
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Administrative history
The Legislative Council passed an Act for establishing the Court of Civil Judicature (2 Wm IV No. 1) on the 10 February 1832, to be known as the Civil Court of Western Australia. The Court was to be held before one Judge, called "The Commissioner of the Civil Court of Western Australia". The Court was to deal with all cases as the Courts of Westminister in England, with authority to appoint Guardians and Committees over persons and property of infants, idiots and lunatics, and to grant probates of Wills, and commit letters of Administration. Suits were to be commenced in the Court by Summons and not by arrest.
Pleadings in the Court were to be oral and made in person. In 1861 all the powers of the Civil Court were transferred to the Supreme Court by the Supreme Court Ordinance (24 Vic. No. 15) on 18 June 1861.
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List of plaints brought before the Civil Court from 1832. The Civil Court was established by the Civil Court Act of 1832 which was the first Act of the newly created legislature. Initially, all pleadings were oral and the Civil Court Record shows only the plaint and defence and there are no files showing further pleadings.
Plaints are listed by running number from Vol 1 and details given are: number, parties, plaint, day of issuing summons, day of appearance of parties, defence, day of hearing, judgement, proceedings subsequent to judgement and remarks.
Plaints mostly relate to debts. Following the establishment of the Supreme Court in 1861 Vol. 7 ceases to be a record of plaints and it becomes a cause book and/or record of judgements (see WAS 131).
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Archivist's note
Copies: Microfilm copies (Cons 3546, vols 1 - 7) are available in the State Records Office of Western Australia