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874 Clerk of Courts

Description

The Clerk of Courts was also responsible for a number of other
functions between the time of the creation of the position in 1924/25
and the creation of the Courts Office within the Attorney-General's
Department in 1950. These included:

Registrar, Court of Marine Inquiry (2)

Registrar of Companies (3)

Deputy Registrar, Bills of Sale (4)

Returning Officer for the Northern Territory (5)

Registrar in Bankruptcy (6)

Officer assisting (in the Northern Territory) the Marshall of the
High Court (7)

In 1927 when the Northern Territory was divided into North and
Central Australia, the Clerk of Courts in Darwin carried out
functions for the Territory of North Australia. Some duties, however,
were carried out on behalf of both the North Australian and Central
Australian
administrations.

In 1931 when the separate administrations of North and Central
Australia were amalgamated, the Clerk of Courts in Darwin again
became responsible for Northern Territory functions. The duties of
the Clerk of Courts, Mr J.W Nichols in September 1939 (when it was
proposed that this position be reclassified and an Assistant Clerk
position be created) were listed as:
Judge's Associate, Clerk of Arraigns, Sheriff, Clerk of Police
Court, Clerk of Local Court, Taxing Officer of all Courts,
Public Trustee, Registrar of Probates, Registrar General of
Births, Deaths and Marriages, Clerk of the Licensing Bench,
Registrar of Firms, Registrar of Companies, Bailiff of the
Local Court, Registrar in Bankruptcy, Librarian of the
Supreme Court Library and Admiralty Registrar of the Prize
Court. (8)

In 1941 the Crown Law Office (CA 885) was transferred from the
Northern Territory Administration to the Attorney-General's
Department and the question was raised as to whether the remainder of
the Law Section of the Northern Territory Administration (which
included the Clerk of Courts) should also be transferred.

The statutory positions held by the Clerk of Courts were raised, the
problem being how many of these should be transferred to Attorney-
General's Department and the staffing arrangements necessary for
those remaining with the Northern Territory Administration.

Before these could be fully examined, civil activities in the Darwin
area ceased due to the war-time situation and the Administration
moved to Alice Springs. The Clerk of Courts and Assistant Clerk of
Courts arrived in Alice Springs on 12 May 1942, and returned to
Darwin in 1946. While in Alice Springs, the Clerk of Courts took over
the District Registrar of Births, Deaths and Marriages, District of
Central Australia from the District Office, Alice Springs (CA 1118).

After the war, the question of the transfer of the Clerk of Courts to
the Attorney-General's Department was again raised. On 2 October 1947
the creation of three positions of Clerk of Courts and Sheriff
;Assistant Clerk of Courts and Assistant Bailiff; and Typist, Grade 1
within the Courts Office of the Northern Territory under the Attorney-
General's Department was notified in the Commonwealth Gazette. (9)
The transfer did not, however, immediately take place because of the
discussions concerning the statutory positions held by the Clerk of
Courts. (10)
Mr Nichols was formally transferred to the Attorney-General's
Department when he was provisionally promoted to the position of
Clerk of Courts and Sheriff, Courts Office, Northern Territory on 6
July 1950 and confirmed in that position on 31 August 1950.11 Mr
Nichols continued to carry out the duties of statutory positions
apart from the Court duties, including Registrar General of Births,
Deaths and Marriages and Public Trustee. (12)
Registrar-General of Births, Deaths and Marriages

The Office of Registrar-General of Births,Marriages, Deaths (more
commonly referred to as Births, Deaths and Marriages) was established
under the Northern Territory Registration of Births, Marriages and
Deaths Ordinance 1911.

The Clerk of Courts inherited the functions of the Registrar-General
from the Police Inspector's Office ?I? (CA 1112) in 1924. Between
1927 and 1931, the Clerk of Courts in Darwin was the Registrar-
General for North Australia and a separate office of Registrar-
General was created for Central Australia. In 1931, the Registrar-
General position in Central Australia became that of District
Registrar of Births, Deaths and Marriages, Central Austrlaia,
responsible to the Registrar-General in Darwin. The new district was
gazetted on 23 July 1931 and confirmed in the Registration of Births,
Deaths and Marriages Ordinance 1941 which came into operation on 1
July 1949.

When the Clerk of Courts moved to Alice Springs in 1942 because of
the wartime situation, he took over responsibility for the duties of
District Registrar of Births, Deaths and Marriages, District of
Central Australia from the District Office, Alice Springs (CA 1118).
He appears to have continued these duties unilt 1949 even though the
Clerk moved back to Darwin in 1946. By 1950 the District Office,
Alice Springs was again undertaking the District Registrar duties see
CRS F821, F822, F824, F825.

Registrar of Companies
The Office of Registrar of Companies was established under the South
Australian Companies Act 1892-1906 which was not superseded until the
Northern Territory Companies Ordinance 1963 came into operation. The
Clerk of Courts inherited the functions of the Registrar of Companies
from the Office of Commissions of Police (CA 1136) in 1924.
Australian Archives holds Company and business name files for organ-
isations struck off the Register: Foreign Companies, single number
series, 1963- ; Local Companies, single number series, 1914-
;Business name files, single number series, 1935- .

Deputy Register, Bills of Sale
The Clerk of Courts inherited the functions of the Deputy Register,
Bills of Sale from the Office of the Commissioner of Police (CA 1136)
in 1924. Australian Archives holds Registration minute book, 1880-
1937 (CRS E32) and Registration index books, 1880-1937 (CRS E33).

Public Trustee
The Office of Public Trustees for the Northern Territory was
established under the South Australian Administration and Probate Act
1891, which was partially superseded by the Northern Territory Public
Trustee Ordinance 1920. The Clerk of Courts inherited the functions
of the Public Trustee from the Office of the Administrator (CA 1072)
in 1924. Between 1927 and 1931, the Clerk of Courts in Darwin was the
Public Trustee for North Australia and a separate office of Public
Trustee was created for Central Australian. In 1931 the positions
were amalgamated and the Clerk of Courts undertook the duties for the
Northern Territory. Australian Archives holds Estate files
administered by the Public Trustee, 1933- and a Register and index of
probates administered by the Public Trustee, 1911- .

Subsequent Agencies

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