VPRS 259 Equity Case Files

The records in this series consist of the case files created by the Master in Equity for cases heard in the Equity jurisdiction of the Supreme Court of Victoria.From 1841 to 1852 all Victorian Supreme Court cases were handled by the New South Wales Supreme Court, Port Phillip District under the Imperial Act 5 Vict No.9. It provided that the resident judge of the Port Phillip District should have exclusive jurisdiction to deal with civil and criminal cases. The Supreme Court had the same jurisdiction as that of the Lord High Chancellor in Equity. With the creation of the Supreme Court of Victoria (Act 15 Vict No.10) in 1852 the Master in Equity became a recognised officer in the Court in Victoria. In 1883, by the Supreme Court (Judicature) Act, the English legislation providing for the concurrent jurisdiction of law and equity came to apply in Victoria where previously the court was notionally divided into a court of law and a court of equity. The 1883 Act was later repealed, and was re-enacted with considerable procedural amendments by the Supreme Court Act 1890.The Master in Equity was responsible for the administration of the Supreme Court in Equity as well as holding various other positions. In 1883 under the Judicature Act the position of Prothonotary of the Supreme Court (VA 433) was established to relieve the Master in Equity of the administration of matters not related to Equity. The Prothonotary later assumed responsibility for the Equity functions of the Master in Equity.The matters falling within the jurisdiction of the Equity Court include:- Property: particularly trusts, married womens property and the equitable rules governing mortgages.- Contracts: where specific performance and injunction were lent in the aid of common law rights.- Deceased Estates: where the doctrines of satisfaction, performance and others assisted in the administration of estates.- Procedure: the power to order discovery and interrogatories provided assistance to litigants both at common law and equity.- Guardianship and Lunacy: under which Equity provided for the care and management of the person and property of people lacking legal capacity.- Commercial matters: under which Equity ensured honesty in business affairs. This was most significant in the area of bankruptcy.According to Supreme Court Rules 1854 every suit in Equity was commenced by a Bill in writing, a summons was written on the back, and the summons was to be sealed by the Master in Equity before it was served. Every Bill was to set out a narrative of the material facts and circumstances on which the plaintiff relied, divided into separate allegations. Every Bill was to conclude with a general interrogation to which the defendant(s) was to reply. The Bill was engrossed on parchment and became known as the Roll the record of proceedings. Summons, pleadings, decrees and orders were engrossed on the Roll. The filing of the Roll in the Masters Office was taken as the setting down of the suit for taking evidence. When the Roll was filed in the Masters Office and entry was made in the Equity Suit Book, VPRS 1697. The contents of a typical Equity Case File includes the Roll, affidavits, notices of intention to appeal, demurrer book, plea book, draft decrees, orders and reports. All deeds, instruments, and papers given in evidence on either side were to be lodged with and retained by the Master in Equity.From c. 1862 Reports, Orders and Decrees were filed separately and not filed with the rest of the Equity Case File see VPRS 793 Reports, VPRS 792 Decrees and VPRS 257 Orders Books.The P3 consignment was previously serialised as VPRS 258 Special Case File Wolfe vs Hart. It is part of Equity Case File 1746 and consists of the Commission, Depositions and Exhibits for the case.