VPRS 10609 Court of Petty Sessions Special Complaints Register

The special jurisdiction of Courts of Petty Sessions was formally established by the Justices' Act 1928. From this time there were two mechanisms within Courts of Petty Sessions/Magistrates Courts for the redress of civil complaints.The "ordinary" jurisdiction empowered the court to determine cases for damages or debts where the precise amount of the claim could be determined according to some objective scale. An example would be the recovery of a debt for goods delivered. Claims brought to court in the ordinary civil jurisdiction often used the system of judgement by default. This system provided that where a respondent did not respond to a summons by giving notice of his or her intention to defend the claim, a judgement could be made in favour of the complainant without a formal court hearing.In its "special" jurisdiction the court determined the appropriate amount of redress and operated within a higher jurisdictional limit. Claims for damages arising out of a motor vehicle accident were typically handled in the special jurisdiction. In the special jurisdiction a stipendiary magistrate would preside rather than justices of the peace.A separate register was required for recording special complaints. Special Complaint Registers are generally in a common format, giving details of the case number, the name of the complainant, the name of the respondent, how the case came to the court (type and date of summons), a description of the cause or proceeding, the decision or order and any remarks. In order to authenticate entries made in the register the presiding stipendiary magistrate signed it at the end of each day.In about 1990 separate "default" and "special" civil complaints were abolished and a single type of complaint, civil complaints was established encompassing both liquated and unliquated claims.