Bacchus Marsh Courts

Full description

A Court of Petty Sessions was first appointed in Bacchus Marsh in January 1851 and a courthouse was built for the area in 1856-57, although this was situated in the nearby township of Maddingley. As Bacchus Marsh overtook Maddingley in population, a new courthouse was constructed closer to the Bacchus Marsh town centre in 1858-59. The old courthouse was appointed a Court of Petty Sessions for Maddingley in June 1858. It is likely this court only operated until the new courthouse was completed, as Maddingley eventually became part of the Bacchus Marsh town. A County Court was appointed to Bacchus Marsh from November 1860 to September 1915. The court heard liquor licensing proceedings for Bacchus Marsh and the surrounding areas until 1923, when the Melbourne Licensing Court (VA 518) assumed responsibility for the Bacchus Marsh and Melton districts, while Ballarat Licensing Court (VA 678) assumed responsibility for the Ballan district. Bacchus Marsh continues to hear Magistrates’ Court and Children’s Court proceedings and sits within the Grampians Court Region.

Bacchus Marsh Courts include:

• Court of Petty Sessions/Magistrates’ Court (1851 – present)
• Children’s Court (1907 – present)
• Licensing Bench/Licensing Court (1865 – 1923)
• County Court (1860 – 1915)

District and Circuit Court Systems

In the mid-19th to early 20th century, courts and court districts were established across Victoria of various levels. This practice remained until either the court was abolished, or a state-wide court entity was established. Once a state-wide court was established, hearings continued in regional centres using a circuit court system.

Under the district system, courts largely administered themselves, with major decisions such as the appointment of judicial officers and court locations, as well the development of court rules, procedures and jury lists passed down by Governor in Council. Additionally, judicial officers, registrars and clerks were appointed to specific court locations. These functions were largely taken over by the primary court and their respective chief judicial officer once the primary court was established. Likewise, judicial officers were no longer appointed to specific court locations, but rather to the primary court then assigned to hearings according to the scheduled circuit.

Both district courts and circuit courts commonly used their own recordkeeping systems to manage cases until centralised recordkeeping systems were gradually introduced from the late 20th century. Administrative resources were often shared between the different levels of court when operating from the same location.

Court of Petty Sessions/Magistrates’ Court (1838 – Present)

Courts of Petty Sessions were established to hear criminal and civil cases of minor offences and disputes. Courts of Petty Sessions were appointed to be held in population centres. These courts were renamed Magistrates’ Courts in 1971. Under the Magistrates’ Court Act 1989, the Magistrates’ Court of Victoria (VA 5113) was constituted as the primary body, while the various courts were grouped into regions with the largest in each appointed as a headquarter venue. Magistrates and other Judicial Officers were assigned to regions to hear cases in each location according to the scheduled circuit. Each region is managed by a regional coordinating magistrate and a senior registrar. Individual Magistrates’ Courts continue to maintain their own case registries. As of 2023, there are 51 courts in 13 regions. The Court has several divisions including Koori Court, Drug Court, Assessment and Referral Court as well as several specialist family courts. These divisions are appointed to locations within regions, usually the headquarter court.

Children’s Court (1907 – Present)

Children’s Courts were established to hear and to inquire into charges against children. During the 1930s, these courts also began hearing other cases involving children such as child neglect. Children’s Courts were appointed to be held at locations that already held Courts of Petty Sessions or Magistrates’ Courts and operated as a division of the Magistrates’ Court until the Children's Court of Victoria (VA 4190) was established in 2000. As such, Children’s Courts operated under the Magistrates’ Court district system until 1989 and continue to mirror the Magistrates’ Court’s regional system. Like the Magistrates’ Court, when the Children’s Court of Victoria was constituted as the primary and independent body, courts were grouped into regions, and Judicial Officers and Support Services staff were assigned to these regions. Judicial officers were assigned to hearings according to each region’s circuit schedule. Individual courts continue to maintain their own case registries and often share administrative resources with the Magistrates’ Court registries. As of 2025, there are 33 courts in 6 regions. The Court has a Family division, and Criminal division, as well as a Children’s Koori Court for criminal matters.

Licensing Court (1885 – 1968)

Licensing Courts were first established to grant and transfer liquor licences. From 1865 to 1885, this function was administered by Licensing Benches of the Court of Petty Sessions. Licensing Courts were established in licensing districts under The Licensing Act 1885 at courts appointed to hold Court of Petty Sessions hearings. Other kinds of licences, such as Auctioneer and Hawkers licences, were granted at annual Licence meetings at Courts of Petty Sessions. This practice continued until 1916 when the Licensing Court of Victoria (VA 2955) was constituted, and a circuit system was introduced. Under the circuit system, 3 magistrates were appointed to the primary court who then held annual hearings at each appointed Licensing Court location according to the circuit schedule. When the court was replaced with the Victorian Licensing Court (VA 2905) in 1954, this was changed to one Judge of the County Court as Chair, and 2 magistrates. The court was abolished in 1968 and liquor licensing functions were transferred to the Liquor Control Commission (VA 1110). See also Licensing Courts (VA 2870).

County Court (1852 – Present)

County Courts were established to hear civil matters and assumed the functions of the Courts of Request, which had operated prior to Victoria’s separation from New South Wales. Regional County Courts operated under the district court system until 1957, when the County Court of Victoria (VA 686) was constituted under the County Court Act 1958. Under the circuit court system, County Courts continued to maintain their own case registries until centralised recordkeeping systems were gradually introduced from the late 20th Century. As of 2023, the court is made up of a criminal division, criminal appeals division, commercial division, common law division, adoption division and a County Koori Court. There are 11 circuit locations outside of Melbourne, 6 of which also hold County Koori Court hearings.