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VPRS 11695 County Court Special Summons Default Register, Warragul

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Research Data Australia2024-12-14 收录
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This series consists of registers recording Civil Cases brought under the Special Complaints Jurisdiction of the County Court. The County Court was responsible for judgements in more substantial civil actions.Within the County Court there were two mechanisms for the redress of Civil Complaints - Ordinary and Special Complaints. These had the opposite meaning to those that existed in the Magistrates Court that had the same names.Ordinary Complaints concerned complaints for unliquidated damages where the Court was required to determine the appropriate level of redress. Claims for damages arising out of a motor vehicle accident were typically handled in the ordinary jurisdiction.Special Complaints were complaints where the precise amount of the claim could be determined by an objective scale. An example of this would be the recovery of debts for goods delivered. Where a court issued a summons to a defendant for a civil claim and the defendant did not respond to the summons by giving notice of his or her intention to defend the claim, a judgement could be made against the defendant without a formal court hearing. This default procedure could be used in cases where the amount claimed was within the jurisdictional limit of the court and could be calculated according to a set scale.Information recorded in the Default Register included:- Case number,- Names of parties- Description of the cause or proceeding- Decision or order by default and any remarks- Notice of judgement to the defendant.

本档案系列收录郡法院(County Court)依特殊申诉管辖权提起的民事案件登记记录。郡法院负责审理标的额较高的民事诉讼案件。郡法院内针对民事申诉设有两类救济机制:普通申诉与特殊申诉,二者的含义与同名的治安法院(Magistrates Court)内的申诉机制恰好相反。 普通申诉针对的是未确定金额损害赔偿(unliquidated damages)类申诉,此类案件需由法院裁定合理的救济数额。因机动车事故产生的损害赔偿请求,通常由普通管辖权程序处理。 特殊申诉则指索赔金额可通过客观标准明确的申诉,例如交付货物后的债务追偿。若法院就民事索赔向被告发出传票,而被告未提交答辩通知表明其应诉意向,法院可不经正式庭审即对被告作出缺席判决。此项缺席判决程序可适用于索赔金额处于法院管辖限额内、且可依据既定标准计算的案件。 缺席登记册所记录的信息包括: - 案件编号 - 当事人姓名 - 案由或诉讼事项描述 - 缺席判决结果或裁定及相关备注 - 向被告送达的判决通知

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