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Agency Detail


Agency No. 44
Agency Title  SUPREME COURT OF WESTERN AUSTRALIA
Start Date  1 Jan 1861
End Date  -
Category  Courthouse
Creating Legislation  Supreme Court Ordinance 1861, 24th Vict. No 7 (from18/6/1861 to 31/7/1881); Supreme Court Act 1880, 44 Vict No 10, (from 1 August 1881 to 11/5/1936); The Supreme Court Act 1935, No 36 of 1935(from 12/5/1936).
Agency Description  A Court of Quarter Sessions was established in Western Australia in 1830 and a Civil Court established two years later. However, as the colony grew and as society became more complex, the judiciary became overtaxed. In the 1850's the equity jurisdiction of the Civil Court was challenged while the courts' jurisdiction in criminal matters was questioned. For these and other reasons, the Supreme Court Ordinance of 1861 was introduced.

The Supreme Court Ordinance (proclaimed on 18 June 1861) provided for a Supreme Court which had the same criminal, common law, and equity jurisdiction as the Courts of Westminister. The Ordinance amalgamated the Court of Quarter Sessions with the Supreme Court and transferred to it a number of functions of the Civil Court. For example, the Supreme Court was empowered to grant probates and letters of administration and given jurisdiction in bankruptcy matters. After 1863, the Supreme Court was also given jurisdiction in matrimonial causes (i.e. divorces).

Under the Ordinance, the officers of the Supreme Court were to be the Chief Justice (Archibald Paull Burt), an Attorney-General, a Master, and a Registrar.

In 1880 a new Supreme Court Act was introduced. The Act which came into force on 1 August 1881, clarified the Court's jurisidiction in admiralty matters and empowered the Chief Justice to make Rules for the conduct of the Court. Provision was also made for the appointment of one or more puisne judges and for the Chief Justice and other judges to sit as a Full Court. Initially, the Full Court could only entertain motions for retrials and pronounce on points of law, but after 1886 it was given the status of a Court of Appeal.

The first sitting of the Supreme Court was held on 3 July 1861 and for the first few years it occupied premises in the Police Court and Gaol Building in Beaufort Street, Perth. In 1863 it moved to the old (1836) Court House in Stirling Gardens and in 1880 moved again to the old (1835) Commissariat Store at the foot of Barrack Street. Despite alterations the Commissariat building was inadequate and in the 1890's work began on a new, purposely-designed courthouse. The new building, completed in 1903, is still the principal seat of the Supreme Court of Western Australia.

 
Preceding Agencies 
101 CIVIL COURT OF WESTERN AUSTRALIA 1 Jan 1832 ~ 31 Dec 1860   Detail
102 COURT OF GENERAL QUARTER SESSIONS OF THE PEACE 1 Jan 1830 ~ 1 Jan 1861   Detail
 
Succeeding Agencies 
-
 
Superior Agencies 
68 CROWN LAW DEPARTMENT 1 Jan 1909 ~   Detail
69 DEPARTMENT OF ATTORNEY GENERAL 1 Jan 1891 ~ 1 Jan 1908   Detail
70 JUDICIAL DEPARTMENT 1 Jan 1881 ~ 1 Jan 1890   Detail
 
Subordinate Agencies 
787 WILLIAMS CLERK OF COURTS 1 Jan 1874 ~ 31 Dec 1880   Detail
 
Functions exercised by this agency 
1 LAW AND ORDER 1 Jan 1861 ~   Detail
 
Record series created by this agency 
34 FILES - PROBATE 1 Jan 1861 ~   Detail
35 DIVORCE FILES -  Detail
40 DIVORCE REGISTERS AND INDEXES 1 Jan 1864 ~ 31 Dec 1977   Detail
49 REGISTERS - CRIMINAL RECORD BOOKS 1 Jan 1861 ~   Detail
51 MINUTES OF INSOLVENCY PROCEEDINGS 30 Dec 1899 ~   Detail
52 INSOLVENCY RECORDS (INSOLVENT ORDINANCE, 1856) 30 Dec 1899 ~   Detail
53 REGISTER OF BANKRUPTCIES (1871) ACT 30 Dec 1899 ~   Detail
54 BANKRUPTCY (1871 ACT) RECORDS 30 Dec 1899 ~   Detail
55 INDEX TO PROBATE & ADMINISTRATION FILES 30 Dec 1899 ~   Detail
56 COPIES OF GRANTS OF PROBATE 1 Jan 1861 ~   Detail
57 COPIES OF GRANTS OF LETTERS OF ADMINISTRATION -  Detail
58 INDEX TO ADMINISTRATIONS/FORM AND PROCEDURES BOOK 30 Dec 1899 ~   Detail
59 APPLICATIONS FOR GRANTS OF LETTERS OF ADMINISTRATION (ORIGINALS) 30 Dec 1899 ~   Detail
60 REGISTERS OF NATURALIZATION ACT CERTIFICATES 30 Dec 1899 ~   Detail
61 NATURALIZATION CERTIFICATES 30 Dec 1899 ~   Detail
 

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Last Updated 23 August 2004

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