Warrnambool Courts

Full description

Warrnambool, sometimes spelled Warnambool, was appointed a Court of Petty Sessions in January 1851. In August 1855 a County Court and Court of General Sessions were also appointed to the town. A courthouse was completed for the town in 1871, however it required significant renovations by 1889 due to the increased demand of court services in the area. A Court of Insolvency for the Western Insolvency District was appointed in 1872, and in 1881, a “Court of Assize” was appointed, meaning it was added to the Supreme Court circuit. The Court of Insolvency, Court of General Sessions, and Licensing Court sat in Warrnambool until these courts were abolished.

A new court complex was approved for Warrnambool in 2001, which was opened in 2005. A Koori Court was appointed in Warrnambool for the Magistrates’ Court jurisdiction in 2002, followed by a Koori Children’s Court in 2012. Although Warrnambool was appointed a Koori County Court in 2012, the program was not implemented there until 2019. As of 2024, Warrnambool remains on the County Court, Supreme Court and Federal Court circuits and sits within the Magistrates’ and Children’s Court Barwon South West Court Regions.

Warrnambool Courts includes:

• Court of Petty Sessions/Magistrates’ Court (1876 – Present)
• Koori Court (2003 – Present)
• Children’s Court (1907 – Present)
• Koori Children’s Court (2012 – Present)
• Licensing Bench/Licensing Court (1876 – 1968)
• County Court (1855 – Present)
• Koori County Court (2019 – Present)
• Court of Insolvency (1872 – 1928)
• Court of General Sessions (1855 – 1968)
• Supreme Court (1882 – Present)

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 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).

Supreme Court Circuit (1852 – Present)

Supreme Courts were first appointed in high-population centres under a circuit court system when the Supreme Court of N.S.W (VA 914) was established for the Port Phillip District in 1841. This system continued when the Supreme Court of Victoria (VA 2549) was established in 1852. These courts were first known as Circuit Courts, while Criminal Sessions were often referred to as Courts of Assizes until the turn of the century. From the 1890s, these courts were officially known as the Supreme Court of the designated location. As the need for criminal sessions decreased, many locations were revoked in the early 20th century, and some courts were only appointed to hear civil cases. Courts typically maintained their own case registries and shared resources with County Courts until centralised recordkeeping systems were gradually introduced from the late 20th Century. As of 2023, the Supreme Court Trial Division is made up of Criminal Division, Common Law Division and Commercial Court and sits at 12 circuit locations outside of Melbourne.