ACT Magistrates Court: prepare for your first date or next deadline

Choose the route that matches your papers

The Magistrates Court Act 1930 gives the court different criminal and civil powers. A criminal charge, family or personal violence application, ordinary money claim and specialist proceeding do not share one filing or hearing process. Start with the title and orders on the actual document.

For ordinary personal actions, section 257 sets the court’s $250,000 ceiling; sections 262–266A contain connection requirements and exclusions. Defined civil disputes of $25,000 or less ordinarily fall within ACAT’s civil jurisdiction; ACAT’s guide confirms that the boundary includes exactly $25,000. The amount alone does not resolve every jurisdiction question.

Fair Work claims and other specialist matters have separate rules. Do not assume this court has a general small-claims track for every debt below $25,000, or reduce a larger claim without advice about what you would give up.

Summary criminal matters can be decided in the Magistrates Court. Some indictable charges proceed towards the Supreme Court, but offence classification, elections and committal requirements must be checked. A committal is not itself a trial deciding guilt.

What happens at the first criminal mention?

The Adult Criminal Practice Direction 2 of 2025 provides for suitable first mentions before a registrar. Custody, bail and particular case categories require different arrangements. The court may deal with the next date, advice, preliminary disclosure and how the charge will proceed. Do not assume the first listing is the final hearing.

If you need time for legal advice, ask about an adjournment and explain your situation. The direction contains distinct provisions for first summons matters and registrar adjournments; it does not create a universal three-week entitlement. A request is not approval, and bail or custody matters are excluded from the special first-summons email process.

Request the prosecution material early. The direction requires available preliminary disclosure within 28 days of first mention, subject to its qualifications; that is not a guarantee that the entire trial brief will arrive then. An unrepresented defendant must arrange collection of a brief when notified by the prosecution.

A guilty indication before a registrar may lead to a magistrate for a plea and, if appropriate, sentence. A contested matter proceeds under the applicable directions. Obtain advice about the charge, evidence and consequences before deciding a plea. Later adjournments are not guaranteed simply because advice has not yet been obtained.

Sections 88B, 90A and 94 of the Act provide different committal routes. Waiver with the required consent and committal for sentence can avoid a contested committal hearing. Do not assume every serious charge inevitably produces a jury trial.

Attend unless a lawful alternative or change has actually been confirmed. If illness or another difficulty may prevent attendance, contact your lawyer and the registry promptly about the proper request and evidence. An unanswered email does not excuse absence.

Bail and changes to conditions

If police refuse bail, an application can be made when the person is brought before the court. The Bail Act 1992 sets the criteria and the rules for review. The charge, safety concerns, attendance risks and the available evidence matter; this guide does not determine an individual entitlement to bail.

Keep the current bail document and follow every condition unless lawfully varied. If a condition is unworkable, seek advice about an application to change it rather than breaching it while waiting for help.

The criminal practice direction ordinarily calls for 48 hours’ notice to the prosecution of a bail, variation or review application, including the grounds and an outline of the evidence. The first appearance following arrest is treated separately. Check listing arrangements and actual directions with the registry and a lawyer.

Repeated applications have restrictions. Section 20A imposes a change-of-circumstances or fresh-material requirement after the specified previous applications. Refusal does not mean an identical application can simply be repeated without checking that rule.

Failing to answer bail can be an offence under section 49, subject to its reasonable-excuse provision. Other condition breaches can lead to arrest and reconsideration under sections 56A and 56AD; do not describe every breach as automatically a new criminal charge. Seek urgent advice if a breach or missed appearance may have occurred.

Starting or responding to an ordinary civil claim

Check the correct parties, jurisdiction, amount and remedy before filing. Court Procedures Rules 31–34 and 50–55 distinguish an originating claim from an originating application and govern the required documents. Use the current forms index; ordinary conversation with the other party is not a filed claim or defence.

Filing and service are separate steps. Originating documents ordinarily require personal service, subject to the applicable rules and exceptions. Keep proof of how and when service occurred; do not assume an ordinary email is sufficient.

For a defendant to an ordinary originating claim, rules 100–103 govern the notice of intention to respond and defence. The usual period is 28 days after service, with the later-seven-day qualification following an unsuccessful rule 40 application and other specified exceptions. A sealed copy of the response must be served on the plaintiff on the day it is filed.

Filing a notice does not automatically buy an extra 28 days to prepare a defence. An originating application uses its return-date procedure, not a universal 28-day rule. If the document, service or jurisdiction is disputed, seek advice promptly.

Rule 103 can permit filing before judgment even after the ordinary period has expired, but delay creates risk. Rules 1116–1118 allow a claimant to seek default judgment when the requirements are met; judgment does not arise automatically on day 29. If an order already exists, obtain it and get advice on the correct application.

The 2026 civil practice direction provides standard directions the court may adopt or vary, including mediation and hearing preparation. Follow the actual orders and dates in your case. Settlement discussions do not themselves cancel a hearing or suspend a filing obligation.

Compare civil court fees from 1 July 2026

The 2026–27 civil schedule and operative Fees Determination distinguish individuals, corporations and special proceedings. These are selected commencement fees in Australian dollars, separate from legal advice, service, evidence and later court fees.

Scroll the tables sideways to compare all columns.

1. The fee category does not itself establish that the court has jurisdiction. “No amount in dispute” and “unspecified damages” are separate schedule entries; ask which applies to the document you are lodging.
2. A listing/hearing questionnaire ordinarily carries a further $972 individual or $1,946 corporate fee. The determination also covers specified listings without a questionnaire and later hearing days. These are not an on-time fee and a late-filing fee.
3. A qualifying Fair Work small-claims application has a separate $192 individual or $385 corporate commencement fee. Commencing Family Violence Act or Personal Violence Act proceedings has no fee under the specified item. Neither rule creates a general low-fee civil claim category.
4. Ask about fee relief before filing. Section 15 of the Court Procedures Act provides exemptions and discretionary hardship relief; the approved legal-assistance schemes and current waiver and exemption forms have conditions. Primary concession-card status, eligible assistance and corporate-rate exceptions must be checked rather than assumed.
5. A waiver, reduction, refund or deferral is not automatic. A minimum fee can be imposed where the applicable provision allows it. Budget separately for service, transcripts, witnesses, enforcement and any lawyer’s work; ask about possible costs orders.

Use the schedule effective 1 July 2026. Older online summaries still display $286, $1,028 and $1,261 individual commencement fees. Those are not the current amounts shown above.

Response, appeal and review periods are different

The following comparison helps identify the route to check. It is not a calculation of your final date. The document, triggering event, applicable rules, service requirements and any court order matter. Obtain advice immediately if a period may be close or missed.

Scroll the tables sideways to compare all columns.

A civil appeal or registrar-review application does not automatically stay the decision. Criminal appeal stays have statutory qualifications, and a person in custody is not automatically released. Ask separately about a stay, bail, service and any extension of time; do not stop complying merely because papers have been filed.

Location, access and court contacts

The court’s contact page gives 4–6 Knowles Place, Canberra City, and general enquiries on (02) 6205 0000. The building ordinarily opens 8.30am–4.30pm; enquiry counters operate 9am–4.30pm and telephone enquiries 8.30am–4.30pm, Monday–Friday. Check public holidays, special closures and the date and time on your notice.

The registry directory lists criminal enquiries on (02) 6205 4902 and civil enquiries on (02) 6205 3649. Registry staff can explain administrative requirements; they cannot choose your plea, draft your case or give legal advice.

Check the current construction and access notice before travelling. Works near the court are affecting access and parking during October–December 2026. Follow the current official directions and allow extra time for arrival and security.

Request an interpreter, disability support or any remote-appearance arrangement early. Do not assume a friend can interpret or that a telephone call replaces attendance. Keep confirmation of any approved arrangement and follow the court’s directions.

Six steps to prepare for court or legal advice

1. Identify your role and document: criminal defendant, bail applicant, civil claimant or defendant, protection matter, or person challenging a decision. Record service, decision and sentence dates separately from the next hearing date.
2. Gather the charge or claim, summons, bail papers, all orders and directions, prosecution material received, and the contact details of your lawyer or the other party’s representative.
3. For a civil dispute, prepare contracts, invoices, payment records, dated correspondence, an amount calculation and the remedy sought. Keep originals and an indexed working copy, including proof of service.
4. For a bail issue, identify the current condition, proposed change and practical supporting evidence. For an appeal or review, obtain the order and reasons and note the custody or enforcement position immediately.
5. Check the correct registry, listing, access arrangements and fee category. Ask about fee relief and free duty assistance early. Keep proof of filings, service and any approved change.
6. Write a short timeline and the questions you need answered. Ask what any paid consultation includes and whether preparation, filing, negotiation or representation would require separate work.

This checklist prepares you to act; it does not file a document, serve another party, obtain an adjournment, vary bail or extend a deadline. Keep confidential case papers out of public comments and general AI conversations.

Official help and free legal information

Court administration, free legal information, duty assistance and ongoing representation have different scopes. Explain your matter and next date and ask what help is available.

Common questions about ACT Magistrates Court

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