Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 29

PART 3 CONCURRENT ADMINISTRATION OF LAW AND EQUITY

Law and equity to be concurrently administered

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.

(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.