Elmore Courts

Full description

A Court of Petty Sessions was appointed in Elmore in 1877. When Elmore was appointed as a Licensing District in 1886, hearings for the district were originally appointed at the Rochester Licensing Court (VA 4916). Elmore was later appointed a Licensing Court in 1889 until 1917, when district became part of the Huntly electoral division and Bendigo Licensing Court (VA 3008) assumed responsibility for the area. Despite the minimal caseload at the court, a new courthouse was built for the town in 1965. The court was closed on 1 January 1983 and its records were directed to be delivered to Echuca Magistrates’ Court (VA 438).

Elmore Courts includes:

• Court of Petty Sessions/Magistrates’ Court (1877 – 1982)
• Children’s Court (1907 – 1982)
• Licensing Bench/Licensing Court (1865 – 1886, 1889 – 1917)

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 locations within regions, usually the headquarter court. 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).