VPRS 8706 Magistrates' Court Commonwealth Cases Registers

This series records Commonwealth Cases heard at Hastings Court. During the period from 1973 to 1981, the Commonwealth Cases Registers are kept between the same covers as the Petty Sessions/Magistrates' Court Registers (VPRS 6630) and that series will need to consulted.Hastings Courts were officially closed in 1990. Registers for the period 1978 to 1987 (apparent end date of series) are in the custody of Dromana Courts as at October 1993.Background: The Commonwealth Jurisdiction of Petty Sessions/Magistrates CourtsSection 77(iii) of the Commonwealth of Australia Constitution Act 1900, which established the Commonwealth of Australia, vested in the new Parliament of Australia responsibilities for enacting legislation relating to a large number of matters. It also gave Parliament the power to invest state courts with the jurisdiction to determine matters brought to court under Commonwealth legislation.Since Federation, Victorian Courts of Petty Sessions have heard matters brought to court under several Commonwealth Acts including taxation, electoral, wireless and television licensing and conciliation and arbitration legislation.Commonwealth RegistersSuccessive Justices' Acts and, more recently, Magistrates' Court Acts have required the clerk or registrar of the court to make and keep a register of convictions, orders and other proceedings of the court. This register is the authoritative record of the court.In 1915 all Clerks of Courts were instructed to keep a separate register for matters under Commonwealth legislation (as described above) and for cases where the defendant resided in another state. Cases falling into either of these categories were recorded in Commonwealth Registers. Prior to about 1915, Commonwealth matters were recorded in ordinary Petty Sessions Registers.Commonwealth Registers are generally in a common format, giving details of the case number, the name of the prosecutor or informant, the name of the accused or defendant, how the case came to the court (arrest, warrant, summons etc) the fees or court costs accrued, a description of the charge, cause or proceeding (usually indicating the Act under which the charges have been laid), the decision or order and any remarks. The column for remarks was often used to record the payment of fines and fees. In order to authenticate entries made in the register the presiding officer(s) of the court signed it at the end of each day.