Historical information

The Eltham Court House is Eltham's oldest public building. It was classified by the National Trust in 1977.

In 1857 five Eltham residents petitioned the licensing magistrates of the Heidelberg district asking for better police protection, including from itinerant gold prospectors who turned to crime when their quest was unsuccessful. In response the Eltham Courthouse was constructed in 1860. Over the years it has also been used for other activities, including for electoral polling purposes, inquests, early meetings of the Eltham Roads Board and even as an overflow classroom.

This type of localised solution is characteristic of the self-reliance preserved in Eltham today. The court house is an important symbol of the spirit which makes Eltham distinctive as a community.

The Eltham Courthouse is historically significant because its construction was intended to emphasise the centralised control over law and order in the Colony of Victoria in the wake of the 1852 Snodgrass committee report on the Victorian police force and the resulting Police Regulation Act (1853).

The nature of the Court House planning and use of architectural devices make the building's function easily interpreted. The arrangement of rooms, with public entry and clerical rooms to the rear, and the use of raised floor levels throughout these spaces to signify relative rank is easily perceived. The distinction in entries, public, magistrate and person-in-custody, and the existing court furniture enhances appreciation of this building.

The Eltham Court House is one of only two intact examples in the state of this simple design with projecting entry.

The building is of architectural significance because it retains intact early features. These include use of handmade bricks, simple decoration, roof trusses, timber ceiling boards, original windows, doors and associated hardware and a collection of court furniture. Additions to the court house have been done in a manner which did not interfere with the fabric of the original building.

Typical cases heard before the Court of Petty Sessions included financial debt, straying livestock, theft, assault, drunkenness, public disorder, truancy, motor vehicle offences, unregistered animals and failing to have children attend school, or be vaccinated.
The courthouse operated for over 120 years before it closed in 1985.

In April 2021, Nillumbik Shire Council authorised restoration of the building and furnishings. The extensive works required for the total restoration of this highly valued heritage building was undertaken by Ducon Building Solutions and other specialist contractors.

Covered under Heritage Overlay, Nillumbik Planning Scheme.
Victorian Heritage
National Trust of Australia (Victoria) State significance

Published: Nillumbik Now and Then /​ Marguerite Marshall 2008; photographs Alan King with Marguerite Marshall.; p65

A demand for better police protection resulted in the building of the Eltham Courthouse and the police residence beside it.
In 1857 five Eltham residents petitioned the Heidelberg district licensing magistrates. They pointed out that Eltham had two hotels, a population of about 1000, and many strangers employed on the public roads. Yet the nearest police were at Heidelberg eight miles (12.8km) away, or at the Caledonia Diggings 21 miles (33.7km) away.1
Subsequently the courthouse and then the police residence, near the corner of Main Road and Brougham Street, were built in 1859/60. The courthouse is Eltham’s oldest public building and the National Trust classified it in 1977. It ceased operation in 1984 and has since been used by local groups. There are only six other known examples of similar small brick country courthouses in Victoria .
For £536, a Mr Duncan built the courthouse – a neat, narrow, oblong building with handmade orange bricks. Its gabled roof and porch are covered with brown slate tiles and it has 12-paned windows. Inside, the roof is peaked and the courthouse is still ventilated by oblong slits near the ceiling. Most of the fine carved timber and upholstered furniture is original. The original prisoners’ door, now permanently closed, led from the police station to the dock.
Builders, Langridge Wright and Witney built a timber police station (since demolished) and a brick residence to its north,2 for £1150/7/-. Built around the same time were the lock-up behind the residence, also later demolished, and the two-storey orange brick stables. The former police residence also has a brown slate roof and handmade bricks. The front veranda roof is made of corrugated iron, as is the roof of the back weatherboard extension.
The application for police protection was approved within a few months and police operated from a cottage rented at ten shillings a week and owned by William Jarrold. This was probably the one at the corner of Main Road and Dalton Street called Jarrold or White Cloud Cottage. In 1858 a second constable was appointed to Eltham following a fight at the hotel.
The timber police office a replica of which was built in the early 1990s is at the building’s side. The lock-up was demolished following the relocation of the police to a new station in about 1952. The residence has been used as the Eltham District Historical Society centre since 1997.
Records show court cases were held at Eltham before the courthouse was built, but the location is unknown. Some court cases were not very different from those today. In 1891 a man was charged with being drunk while in charge of a horse and was fined ten shillings.
The courthouse was used for other purposes during its long history. It was probably used as a polling place as indicated by old photographs of election-day crowds outside. The Eltham Road Board met there from the early 1860s until 1868 when the Board transferred to Kangaroo Ground. During the same period the Road Board Secretary used the courthouse as an office until 1867 when it was transferred to his home at Wingrove Cottage. The courthouse was also used as an overflow classroom for the Dalton Street school in 1875.
The two buildings can further link us with
Eltham’s early days through Police Department correspondence. The first constable-in-charge was George Reid. In 1860 a letter to The Argus newspaper signed ‘A Sufferer’ declared the Eltham police were not active enough in their duties. The writer suggested that the ‘very snug’ police quarters were too comfortable, and he detailed various incidents including one of an alleged break-in to the Road Board Secretary’s home. But the Board Secretary, C S Wingrove, wrote to the Police Department refuting The Argus letter saying he had received full co-operation from Sen. Constable Peter Lawler.

Significance

This collection of almost 130 photos about places and people within the Shire of Nillumbik, an urban and rural municipality in Melbourne's north, contributes to an understanding of the history of the Shire. Published in 2008 immediately prior to the Black Saturday bushfires of February 7, 2009, it documents sites that were impacted, and in some cases destroyed by the fires. It includes photographs taken especially for the publication, creating a unique time capsule representing the Shire in the early 21st century. It remains the most recent comprehenesive publication devoted to the Shire's history connecting local residents to the past.

Physical description

Born digital image file