Agency
Smythesdale Courts (previously known as Smythe's Creek Courts, 1857 - by 1871)
VA 730
1857 - 1982
Agency names
Officially known as: Smythesdale Courts
A Court of Petty Sessions was first appointed in Smythesdale, then known as Smythe’s Creek in December 1856. A Court of Mines was appointed at Smythe’s Creek in the District of Ballarat in January 1858. A brick courthouse was constructed in 1861. Although the municipality of Smythesdale was proclaimed in 1861, the Court of Petty Sessions was not commonly referred to as the Smythesdale Court of Petty Sessions until around 1868, while the Court of Mines wasn’t referred to as the Smythesdale Court of Mines until around 1871. A County Court was appointed to Smythesdale in 1862 and extensions to the courthouse were completed in 1872 to accommodate the town’s growing population. The end of the goldrush saw a decline in population during 1890s and the County Court and Court of Mines were discontinued in 1891. Although the court was recommended for closure in 1970, 1977 and 1979, and was not visited by a magistrate after 1976, the court was not formally closed until 1 January 1983. At the time of closure, the court’s records were directed to be sent to Werribee Magistrates’ Court (VA 4103).
Smythesdale Courts includes:
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.
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.
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 and the County Court assumed responsibility for hearing mining-related cases.
Smythesdale Courts includes:
- Court of Petty Sessions/Magistrates’ Court (1860 – 1982)
- Children’s Court (1907 – 1982)
- County Court (1862 – 1891)
- Court of Mines (1858 – 1891)
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.
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.
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 and the County Court assumed responsibility for hearing mining-related cases.
Jurisdiction: Victoria
