History and Culture

Completed in 1876, the Ballan Court of Petty Sessions is one of the town's most significant public buildings. Designed in the Classical style by the Public Works Department of Victoria, the Courthouse stands at 45–47 Steiglitz Street on Wadawurrung Country, the traditional lands of the Wadawurrung people, who have cared for and nurtured this Country for tens of thousands of years. Today, the building is cared for by Working Heritage and continues to serve the community as the home of the Ballan Shire Historical Society.

Administration of Justice in Ballan

"Ballan is too wicked a place..."
— Ballan resident, 1890

While the jury is still out on the truth of this early resident's bold claim, it is fair to say that back in the day, like any rural community, Ballan had its share of lawlessness and disputes amongst its residents.

For decades, as a Court of Petty Sessions, legal matters were heard before magistrates who sat behind this building's imposing and large polished timber bench.

Civil disputes between members of the community were relatively minor in nature, with these often relating to debts or other disputes about money or property. Criminal trials were also minor, which on any given day could involve charges of pickpocketing, public drunkenness and offensive language.

Other crimes were more sophisticated, such as an illegal two-up* school organised for the labourers working on the Pykes Creek Reservoir in 1910. When raided by police, the gamblers scattered in all directions like "startled rabbits", said one constable giving evidence. Four men involved were detained and charged, and received fines at the Ballan court. Another man, charged with running a raffle at the Reservoir, was also fined.

The administration of justice was often harsh and unfair, particularly for minorities, the poor or the marginalised in the community. 

The Courthouse Design

As a notable public building of Ballan, there was some initial criticism that it had not been built on a more prominent site in the town. Nevertheless, when proposed, it was anticipated that the Courthouse would become:

"...an ornament and great convenience to residents of the district and township."
— Bacchus Marsh Express, 1872

Designed in the Classical style, this Court of Petty Sessions is built of brick that has been rendered on its exterior to give the appearance of stone.

Under the care and management of Working Heritage, conservation works have been undertaken to restore this building back to its original appearance, including the reinstatement of its original ornate timber front verandah.

The Scales of Justice

When viewed from the street, the Courthouse exudes a sense of formality, much of this derived from the building's strict symmetry, of a central temple-like form that appears to be balancing the lower wings at each side. This symmetry of the front of the Courthouse can be considered a metaphor for the Scales of Justice, which depict balance in the administration of our legal system.

Photograph on the left by Hin Lim. You can take a selfie in front of the Courthouse that aligns with the symmetry of its facade when you visit the site.

In practice, however, the Scales of Justice can at times be off-balance. This was the case in 1895, when the Clerk of Courts at Ballan, James Henry Walsh, was charged with embezzlement of Court funds. Walsh was from a prominent and wealthy family of this district, and was the son of a magistrate of this court. Despite pleading guilty at his trial before Magistrates P. Cantwell and F. A. Day, the charge against Walsh was dismissed.

The Chief Justice of Victoria considered the trial to be a "gross miscarriage of justice", and ordered the retrial of Walsh and called for the resignations of Magistrates Cantwell and Day.

The verdict

The last hearing at the Ballan Courthouse was in 1982.

This former Court of Petty Sessions is testament to the administration of justice in a small rural community in earlier days. Now serving as the home of the Ballan Shire Historical Society, it continues to fulfil an important role as a focus for community life.

*Two-up is a traditional Australian gambling game involving a designated "spinner" throwing two coins, usually Australian pennies, into the air. Players bet on whether the coins will both fall with heads up, both with tails up, or one of each (known as "odds"). The game is traditionally played in pubs and clubs throughout Australia on Anzac Day, in part to mark a shared experience with diggers (soldiers).