If you have a money dispute of a value between $150,000 and $750,000, and haven’t been able to resolve it either privately or through alternative dispute resolution, you may apply to have it resolved in the District Court. Show Note: Court staff can’t give legal advice or recommend what you should do in your case. However, they can give general procedural advice. Read more on what advice we can give. Claim and statement of claimStarting the process of filing a claim for any amount up to $750,000 Civil judgmentsSummary and default judgments, and how to apply Enforcement hearingsApplying for a hearing to uncover financial information about a person who owes money under a court order Statement of financial positionThe form to disclose your financial position if you owe money to a creditor Enforcement warrantsApplying for a warrant to enforce a judgment or money order and recover monies awarded to you in the court, including various types of warrants Interest ratesList of interest rates the registrar can use in judgments for money disputes Interest calculatorAn online tool to help you calculate interest owing Certain personal information is collected by the Court when a claim for a civil action, money dispute or recovery of a civil debt is lodged with the Court. It is the Court’s usual practice to disclose any judgments issued or monetary orders that have been registered for enforcement, including relevant personal information about the debtor, upon request under the Uniform Civil Procedure Rules 1999 to Credit Reporting Agencies. The existence of a court judgment, and relevant personal information, may subsequently be disclosed by Credit Reporting Agencies when they provide credit reports to credit providers. Further information about credit reports, including how to get a mistake fixed or judgment corrected, is available at MoneySmart or Legal Aid Queensland.
The Court of Appeal determines whether a trial was conducted fairly, and whether the law was correctly applied. It hears criminal or civil cases decided in the County Court or Supreme Court Trial Division, and some appeals from the Victorian Civil and Administrative Tribunal. Some appeals require permission from the Court of Appeal before they can be heard. Usually three judges will hear an appeal. Upon deciding a case, the Court of Appeal may:
In addition to Supreme Court judges in the Trial Division, the Court has associates judges who perform a range of functions including mediations and pre-trial case management. Judges of appeal hear cases in the Court of Appeal. Because the Supreme Court is the highest court in Victoria, only the High Court of Australia can review its decisions. Download the brochure The Supreme Court of Victoria: The highest court in Victoria for an overview of the court hierarchy in Victoria. A 'Court for all Victorians' - regional hearingsMost Supreme Court cases are heard in Melbourne. The Court also travels on circuit to hear cases in locations across Victoria including Ballarat, Bendigo, Geelong, Hamilton, Horsham, Morwell, Mildura, Sale, Shepparton, Wangaratta, Warrnambool and Wodonga. It is possible to sit in on and observe most cases heard by the Supreme Court. Visit the attending court page for more information. For current information on cases before the Court, see the Daily List. Court administrationThe Chief Executive Officer oversees the administrative functions of the Court essential to a high quality court that are separated from the judicial component of court matters. These areas include the Court of Appeal Registry, Principal Registry, Funds in Court, Juries Commissioner's Office and Court Administration. Although Funds in Court is recognised as a support function of the Court, it operates as a discrete division under the direction of the Senior Master. Court administration includes a range of functions that support the judiciary and staff at the Court including:
Visit the Contact page for administration details. Court performancePerformance management involves measures, monitoring, analysing and using data on a regular basis to improve the effectiveness, efficiency and quality of the Supreme Court of Victoria's operations. As the first Australian court to join the International Framework for Court Excellence (IFCE), we take our performance seriously.
The Magistrates’ Court can hear civil disputes up to the value of $100,000 arising from debts, claims for damages, other monetary disputes or equitable relief. Within Victoria’s Court System, there are several different courts and tribunals. Their role is to interpret the law, settle disputes, and impose penalties on those that have broken the law. The courts in Victoria are the:
Court hierarchyEach court and tribunal with Victoria’s Court System has jurisdiction or area of law and monetary limits that is heard in that court. The first level of the Victoria court system is the Magistrates’ Court followed by the County Court, then the Supreme Court. There are also speciality courts and tribunals such as the ones noted below. Magistrates’ CourtWith over 50 locations across regional Victoria, the first level of the Victorian court system, the Magistrates’ Court deals with most legal disputes. Typically each case is heard by a judicial officer and no jury is involved. Accordingly, the Magistrates’ Court can hear matters pertaining to:
The Magistrates’ Court has the authority to decide most disputes about money or property typically up to the value of $100,000. Specialised areas of the Magistrates’ Court include the Family Violence Court, the Drug Court, and the Koori Court. County CourtThe second level of the Victorian court system, the County Court hears more serious civil and criminal matters before a judge and/or jury. Matters such as armed robbery, dangerous driving sex offences and civil disputes involving more than $100,000 are heard in the County Court. If a decision made in the Magistrates’ Court is appealed, it typically goes before a County Court. The judge in the County Court can decide whether to agree with the magistrate’s decision or make a different decision. The main County Court is in the centre of Melbourne; however, County Court judges also visit regional Victoria to hear cases. Supreme CourtThe highest court in Victoria, the Supreme Court has two divisions:
The High Court of Australia is the only court above the Supreme Court. Children’s CourtWithin Victoria’s Court System, matters involving children and young people under the age of 18 are heard in the Children’s Court. It has two divisions:
For a matter to be heard in the Children’s Court, the person must have been between the ages of 10 and under 18 at the time of the offence or under 19 at when their proceeding commences. Coroners CourtThe Coroners Court is the court within Victoria’s Court System, investigates the causes of deaths and fires. Coroners can only investigate deaths that are unexpected, unnatural, violent or occurred as a result of an accident or injury. The coroner will try to find out why the death happened. Sometimes the coroner makes recommendations to help stop similar fatalities or fires. A coroner does not investigate every death in Victoria. Victorian Civil and Administrative Tribunal (VCAT)Tribunals are less formal than courts and aim to help two parties reach an agreement and settle their dispute fairly. Victorian Civil and Administrative Tribunal deals with a wide range of common legal disputes. Some common categories of matters VCAT hears are disputes about debt, guardianship, property ownership, goods and services issues and discrimination. Read the types of cases that are dealt with at the Victorian Civil and Administrative Tribunal. Getting legal adviceNo matter which level of court or tribunal within Victoria’s Court System will be hearing your case, it is essential to obtain legal advice before you make decisions or present your evidence. Going to court can be a confusing and stressful experience which is why having an experienced Melbourne lawyer beside you can help. Gallant Law has extensive experience representing countless clients in Geelong and Melbourne before various tribunals, departments, and agencies. Therefore, our clients can be confident they will receive tailored legal services for strong, resolute defences when they work with one of our local lawyers. Contact Gallant Law on (03) 9070 9885 for a free initial phone consultation. Servicing Geelong, Melbourne and regional Victoria with compassionate and comprehensive legal advice, Gallant Law are lawyers you can count on when navigating the court system. |
The County Court can hear civil disputes up to what amount
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