Victorian Current Acts

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SUPREME COURT ACT 1986 - SECT 29

Law and equity to be concurrently administered

    (1)     Subject to the provisions of this or any other Act, every court exercising jurisdiction in Victoria in any civil proceeding must continue to administer law and equity on the basis that, if there is a conflict or variance between the rules of equity and the rules of the common law concerning the same matter, the rules of equity prevail.

No. 6387 s. 61(5).

    (2)     Every court referred to in subsection (1) must give the same effect as before the commencement of this Act—

        (a)     to all equitable estates, titles, rights, reliefs, defences and counter-claims, and to all equitable duties and liabilities; and

        (b)     subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing by the common law or created by any Act—

and, subject to the provisions of this or any other Act, must so exercise its jurisdiction in every proceeding before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of proceedings concerning any of those matters is avoided.

No. 6387 s. 61(5).



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