What the County Court of Victoria does
The County Court is Victoria's busiest trial court. On the criminal side it hears indictable (serious) offences tried by judge and jury, except murder, manslaughter and treason, which stay with the Supreme Court. On the civil side it has effectively unlimited jurisdiction to award damages and compensation, covering personal injury, negligence, defamation and a broad range of commercial and contract disputes. Its judges hear matters across three divisions: Criminal, Common Law and Commercial. The court actively manages cases towards an early, efficient resolution and runs specialist lists within each division for particular types of matter.
What it hears
- Serious indictable criminal offences tried by judge and jury (for example armed robbery, drug trafficking, sexual offences, serious assault, fraud and serious theft) - all except murder, manslaughter and treason
- Criminal appeals from the Magistrates' Court, usually heard afresh by a judge sitting without a jury
- Personal injury damages claims, including transport accident (TAC) and WorkCover serious injury matters
- Medical negligence and workplace injury compensation claims
- Defamation claims
- Commercial disputes in the Commercial Division - debt recovery, contract, trust, property, and banking and finance matters
- Building and construction disputes in the Building Cases List
- Claims by a beneficiary under a will, and other matters within the Common Law and Commercial Divisions
Before your first court date
How a matter reaches its first County Court date depends on whether it is criminal or civil. A criminal matter generally comes up to the County Court after a committal in the Magistrates' Court; the accused is then arraigned and the case is managed through directions and mention hearings before a trial date is fixed. A civil proceeding starts with a writ or originating process and a statement of claim, is allocated to the Common Law or Commercial Division, and is then managed through directions hearings. In the lead-up to a first listed date, the parties exchange and file documents and the court issues case management directions, often listing the matter for an initial directions hearing or mention to set timetables, identify the real issues and explore settlement, rather than to decide the dispute. It is worth checking the daily court list, confirming the courtroom and time, and arriving early.
What happens at your first appearance
A first appearance or directions hearing is usually about procedure, not about deciding the case. The judge or judicial registrar deals with the next steps - pleadings, discovery of documents, expert evidence and whether the matter should go to mediation - and sets a date for the trial or hearing. The substantive trial, whether by judge alone or by judge and jury, happens later, not at that first listing. The court strongly encourages settlement and alternative dispute resolution such as mediation, so you may be asked what has been done to try to resolve the matter. Dress neatly, be on time, and if you have a lawyer they will usually do most of the talking on your behalf.
What to prepare
- Any letter, notice or court document telling you the date, time and courtroom, plus your case or proceeding number
- Copies of the key documents in your matter (writ or charge sheet, statement of claim, pleadings, and any orders already made)
- A short, clear summary of the issues and the outcome you are seeking, with dates and amounts where relevant
- Contact details for your lawyer if you have one, and any correspondence about mediation or settlement
- Photo identification and enough time to clear security screening at the court building
- If self-represented, a notebook and the daily court list so you can find your courtroom and follow what is happening
When to get legal advice
This page explains how the County Court works in general terms. It is not legal advice and cannot tell you what to do in your situation. County Court matters are serious - a criminal charge can affect your liberty and record, and a civil claim can involve significant money and strict time limits - so you should get advice from an admitted Australian lawyer if you are charged with an indictable offence, are suing or being sued, have a personal injury or compensation claim, face a deadline, or simply are not sure of your rights. A lawyer can assess your specific facts, explain your options and the risks, and represent you in court. Through Legal Hotline you can speak to someone for free legal information at any time, and book a fixed-fee consultation with an admitted Australian lawyer if you want advice on your own matter.
Where it is
The County Court's principal registry is at 250 William Street, Melbourne VIC 3000, phone 03 8636 6888. It is in the Melbourne CBD legal precinct, a short walk from Flagstaff Station and well served by trams and buses along William, Lonsdale and Latrobe Streets; allow time to clear security screening on arrival. The court also sits at 11 regional circuit locations across Victoria (Bairnsdale, Ballarat, Bendigo, Geelong, Horsham, Mildura, Morwell, Shepparton, Wangaratta, Warrnambool and Wodonga), so check which venue your matter is listed at before you travel.
Frequently asked questions
What is the difference between the County Court and the Magistrates' Court of Victoria?
The Magistrates' Court is the lower court and deals with less serious (summary) criminal matters and smaller civil claims, with a magistrate deciding. The County Court is the intermediate trial court: it hears serious indictable crimes by judge and jury and civil claims with effectively no upper limit on damages, and it also hears certain appeals from the Magistrates' Court.
What is the difference between the County Court and the Supreme Court of Victoria?
The Supreme Court is the highest court in the state and hears the most serious matters, including murder, manslaughter and treason trials, as well as major civil cases and appeals. The County Court sits just below it and handles other indictable offences and a wide range of civil and commercial disputes. A general guide cannot tell you which court your matter belongs in - a lawyer can.
Does the County Court hear murder cases?
No. Murder, manslaughter and treason are tried in the Supreme Court of Victoria. The County Court hears other indictable (serious) criminal offences, such as armed robbery, drug trafficking, serious assault, sexual offences, fraud and serious theft.
Will there be a jury at my County Court hearing?
Not always. Many criminal trials in the County Court are heard by a judge and a jury, but a directions hearing or mention is dealt with by a judge or judicial registrar alone and is about procedure, not deciding guilt. Civil matters are usually decided by a judge alone, and appeals from the Magistrates' Court are heard by a judge without a jury. The first time you are listed is often a directions hearing, not the trial.
What happens at a directions hearing in the County Court?
A directions hearing is a case management step. The judge or judicial registrar sorts out the next steps - things like pleadings, discovery of documents, expert evidence and whether the case should go to mediation - and sets a timetable and a date for the trial or final hearing. The dispute itself is not decided at a directions hearing.
Can I represent myself in the County Court?
You can appear without a lawyer, but County Court matters are serious and the procedures are formal and technical. Because a criminal charge can affect your liberty and record, and a civil claim can involve large sums and strict deadlines, most people are better off getting legal advice. You can get free legal information through Legal Hotline and, if you want advice on your own matter, book a fixed-fee consultation with an admitted Australian lawyer.
Where is the County Court of Victoria and how do I get there?
The principal registry is at 250 William Street, Melbourne VIC 3000 (phone 03 8636 6888), in the CBD legal precinct a short walk from Flagstaff Station and on tram and bus routes along William, Lonsdale and Latrobe Streets. The court also sits at 11 regional circuit locations, so always confirm which venue your matter is listed at before travelling, and allow time for security screening.
Does the County Court deal with personal injury and compensation claims?
Yes. The Common Law Division hears personal injury damages claims, including transport accident (TAC) and WorkCover serious injury matters, as well as medical negligence and workplace injury compensation and defamation claims. These claims often have strict time limits, so getting early legal advice is important.