Series VPRS 12098
Equity Rules Nisi
About this Series Related Series Accessing the records in this Series
Date Range: Series ? 1852 - ? 1883
  Series in Custody 1851 - 1857
  Contents 1851 - 1857
Public Access: Open
Location: North Melbourne
Format of Records: Physical
 
Agency which created this SeriesAgency which created this Series
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Date Range Agency Title Agency Number
1852 - 1883 Supreme Court of Victoria VA 2549
Agency currently responsible for this SeriesAgency currently responsible for this Series
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Date Range Agency Title Agency Number
1852 - cont Supreme Court of Victoria VA 2549
Description of this SeriesDescription of this Series
  • How to use the Records
    Consult the Records Description List for the unit containing the case number and the names of parties to cases about which information is sought.

  • Function / Content
    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 The 1883 Act was later repealed, and was re-enacted with considerable procedural amendments by the Supreme Court Act 1890.

    Nisi Rules are any order or decree made which does not take immediate effect. The defendant must present him or herself before the judge who issued the rule on a set date to show cause why the rule issued should not be made absolute (ie enforced). On this date the judge will decide whether to enforce or discharge the rule.

    Nisi rules are occasionally sought to increase or decrease costs awarded in the Supreme Court civil cases, declare non suits or to force new trials.

    The Rules Nisi in this series were made by the Equity division of the Supreme Court of Victoria. They were previously scattered throughout Units 29 to 47 of VPRS 259 Equity Case Files.

  • Recordkeeping System
    Files are arranged in case number order as indicated by the number on the front of the file. No index to these records has yet been found.

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Consignment Number Contents Date Range Public Access No. of Units
P0000 - Open 7
P0001 1851 - 1857 Open 1
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