VPRS 1955 Court of Petty Sessions/Magistrates' Court Default Register

Cases recorded in Default registers concerned persons who had been originally convicted at previous hearings of civil cases. Decisions in these cases were recorded in VPRS 1954, Court of Petty Sessions/Magistrates Court Civil Registers.Civil Cases in Petty Sessions/Magistrates' CourtSuccessive Justices' Acts and, more recently, Magistrates' Courts Acts have empowered Petty Sessions/Magistrates' Courts to determine cases for damages and debts within a jurisdictional limit (that is a maximum dollar amount set by legislation). Minor debt cases typically heard by Petty Sessions/Magistrates' Courts as "ordinary" or "default cases" include claims to recover unpaid fees for services provided by tradespeople or professionals or for goods delivered to a person but not paid for, up to the value of $5000.Background: The Special Jurisdiction of Petty Sessions/Magistrates' CourtsThe "ordinary" or "default" jurisdiction of petty sessions courts was formally established by the Justices' Act 1928. From this time, and until the 1979 Magistrates' Courts (Civil Jurisdiction) Act took effect there were two mechanisms within 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. For example where a complainant sought to recover a debt for goods delivered to the respondent, it would usually be possible to objectively determine the value of the goods, interest accrued and the complainant's legal expenses and to set the amount of the claim accordingly. Claims brought to court in the ordinary civil jurisdiction often used the system of judgement by default. This system provided that where a court issued a summons to a respondent for a civil claim and the respondent did not respond to it 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. See also the Magistrates' (Summary Proceedings) Act 1975.In its "special jurisdiction" the court itself 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. Unlike the ordinary jurisdiction, justices of the peace could not determine special jurisdiction cases, rather a stipendiary magistrate would preside.The 1979 Magistrates' Court (Civil Jurisdiction) Act abolished the distinction between ordinary and special complaints and established a single civil jurisdiction. However the Act still provided for "debts and liquidated demands", being cases where the amount could be calculated and fixed prior to court and "unliquidated damages" where the amount was determined by the court. In the 1980's some matters formerly heard in the "ordinary" civil jurisdiction or as debts and liquidated demands have been dealt with by the Small Claims Tribunal.ContentDefault Registers are generally in 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.