Daylesford Courts (previously known as Hepburn(’s) Courts 1853-1931)

Full description

A Court of Petty Sessions was appointed at Hepburn’s, Spring Creek, Mount Franklin in May 1853 and Hepburn was proclaimed a Gold Fields Local Court District in November 1855. After the amendment of Gold Fields legislation, Hepburn was appointed a Court of Mines for the District of Castlemaine, along with a County Court in January 1858. By 1857 the area was known as Daylesford, however the courts continued to be known as Hepburn for some time. The tender for the construction of the courthouse dated August 1857, for example, was for a courthouse to be constructed at Daylesford for the Hepburn Court of Petty Sessions. In June 1858 the Court of Petty Sessions was reappointed to Daylesford. Once the Daylesford Courthouse was completed in 1862, the Hepburn County Court was almost exclusively referred to as the Daylesford County Court, while the Court of Mines was referred to as both the Hepburn and Daylesford Court of Mines–i.e. Daylesford (Hepburn)–until it was discontinued.

In 1864 a Court of General Sessions was appointed at Daylesford, followed by a Court of Insolvency for the Midland Insolvency District in 1886. The Court heard liquor licensing proceedings for Daylesford and the surrounding districts until 1917, when responsibility for the area was transferred to the Ballarat Licensing Court (VA 678). In September 1931, the County Court, Court of Mines and Court of General Sessions were all discontinued and the records of the County Court were directed to go to Kyneton County Court (VA 494). A County Court was however, briefly reappointed at Daylesford between May 1935 and May 1942, after which the court’s records were directed to go to Ballarat County Court (VA 678). The court head Court of Petty Sessions/Magistrates’ Court and Children’s Court hearings until the court was closed as part of the 1985 Courts Management Rationalisation Program. The court was closed as of 1 January 1990 and its records were directed to go to the clerk of the Kyneton Magistrates’ Court (VA 494).

Daylesford Courts include:

• Court of Petty Sessions/Magistrates’ Court (1853 – 1989)
• Children’s Court (1907 – 1989)
• Licensing Bench/Licensing Court (1865 – 1917)
• County Court (1858 – 1931)
• Gold Fields Local Court/Court of Mines (1856 – 1931)
• Court of Insolvency (1886 – 1928)
• Court of General Sessions (1884 – 1931)

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 statewide 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 (Vic), 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. 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 specific locations within regions, usually the headquarters 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 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 (VA 4190) 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 2023, there are 47 courts in 6 regions. The Court has a Family division, and Criminal division, as well as a Children’s Koori Court for criminal matters. Like Magistrates' Koori Courts, Children's Koori Courts are appointed to specific locations.

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 (Vic). 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. 

Court of Insolvency (1871 – 1928)

Courts of Insolvency were established in each proclaimed Insolvency District across Victoria according to the Insolvency Statute 1871. Courts of Insolvency were appointed at places that held County Courts hearings, and Insolvency Districts generally mirrored County Court Districts. All County Court judges outside of Melbourne were also appointed judges of the Court of Insolvency. Although the clerks of the District Courts of Insolvency were required to send a copy of the Order of Sequestration (Bankruptcy/Insolvency Order) to the Chief Clerk at Melbourne, these orders were not incorporated into the Register of Insolvencies (VPRS 757) created by the Court of Insolvency at Melbourne (VA 2304). Courts of Insolvency continued to operate under the County Court District system until the function of Bankruptcy and Insolvency hearings was transferred to the Commonwealth in 1928.

Court of Mines (1855 - 1969)

Courts of Mines were established to hear mining-related cases such as disputes over entitlements of partners, shareholders, and employees of mining enterprises. Between 1855 and 1857, proceedings relating to mining rights were heard within designated Gold Fields Local Court Districts at the largest court in the district, known as a Local Court, and presided by a Justice of the Peace. This system was refined in 1858 when Courts of Mines were appointed within Mining Districts at locations where County Courts operated. Unlike Local Court or County Court districts, Mining Districts usually had multiple court locations. This system continued until the Court of Mines was abolished under the Mines (Abolition of Courts) Act 1969 (Vic) and the County Court (VA 686) assumed responsibility for hearing mining-related cases.

Court of General Sessions (1853 – 1968)

Courts of General Sessions were established to hear criminal cases of a more serious nature than the Court of Petty Sessions, excluding the most serious crimes such as murder and treason. The Court of General Sessions continued to operate under the district court system until 1968, when the County Court of Victoria (VA 686) assumed responsibility for Criminal Cases and the Court of General Sessions was abolished under the County Court (Jurisdiction) Act 1968 (Vic).