What the Magistrates' Court of Victoria does
The Magistrates' Court of Victoria is the lowest tier in Victoria's court hierarchy and hears the majority of cases that come before the state's courts. It sits at around 51 venues across Victoria and exercises a summary criminal jurisdiction (hearing and determining summary offences, some indictable offences dealt with summarily, and conducting committal proceedings for serious matters heading to the County or Supreme Court) as well as a civil jurisdiction for monetary disputes up to $100,000. It also runs specialist lists and therapeutic, problem-solving courts. Every case is decided by a magistrate sitting alone, with no jury.
What it hears
- Summary criminal offences such as minor assaults, traffic offences, property damage, drink or drug driving, and offensive behaviour
- Some indictable offences heard summarily, such as theft and burglary, where the accused consents and the magistrate agrees
- Committal proceedings for serious indictable matters before they go to the County or Supreme Court
- Bail and remand applications (the Melbourne Bail and Remand Court operates extended and weekend hours)
- Civil disputes up to $100,000, including debts, damages, monetary claims and some equitable relief
- Family violence intervention orders and personal safety intervention orders
- WorkCover and certain federal and industrial matters in the court's specialist divisions
- Referrals into specialist lists and therapeutic courts, including the Drug Court, Koori Court, Assessment and Referral Court (ARC), Court Integrated Services Program (CISP) and diversion programs
Before your first court date
Read your paperwork carefully and note the court venue, date and time, as your matter may not be at the Melbourne court. For a criminal matter, the charge-sheet and summons (or your bail notice) tells you where and when to attend; a first criminal date is usually a 'mention', not a contested hearing. For a civil claim, a defendant generally must file a Notice of Defence (usually within 21 days) or the plaintiff may seek default judgment, so act quickly. If you have been served with an interim intervention order, read the conditions and obey them until the court date even if you intend to oppose the order. If you cannot attend, or need an interpreter, a remote appearance or disability access, contact the relevant registry well before the date. Many people self-represent, and a duty lawyer (for example through Victoria Legal Aid) may be available at court on the day, but it helps to get advice in advance.
What happens at your first appearance
Arrive early, bring all your documents, and go through security. Check the daily list (usually on screens or boards) for your name and courtroom, then wait to be called; cases are not always heard in the order listed. In a criminal first mention the magistrate checks your identity, confirms whether you plead guilty or not guilty, deals with bail and any preliminary issues, and either sentences you (on a guilty plea to a minor matter) or adjourns the case, for example to a contest mention or a contested hearing, and may set timetables for disclosure of the police brief. In a defended civil matter the case is typically listed first for a pre-hearing conference or mediation aimed at settlement before any final hearing. In an intervention order matter the respondent can consent, oppose, or seek an adjournment at the mention, and if it is contested the court sets it down for a contested hearing. If you are unsure what is happening, you can ask the magistrate or court staff, and you can ask whether a duty lawyer is available.
What to prepare
- Your court paperwork, such as the charge-sheet and summons, the complaint or notice of defence, or the intervention order application or interim order
- Photo identification and your case or file number to help you find your matter on the daily list
- Any documents or evidence relevant to your matter, such as receipts, contracts, messages, photos or witness details, with copies for the court and the other side
- A written list of any dates you are unavailable, plus contact details, in case the matter is adjourned
- Requests arranged in advance if you need them, such as an interpreter, an audio-visual or remote appearance, or disability access
- Notes on what you want to say and any questions, and arrive early to allow time for parking and security
When to get legal advice
This guide gives general legal information, not legal advice, and every case turns on its own facts. You should speak to a lawyer if you are charged with a criminal offence (especially one that could lead to a conviction, loss of licence or imprisonment), if you are facing a committal for a serious indictable charge, if a civil claim involves a significant sum or complex issues, or if you are applying for or responding to a family violence or personal safety intervention order. A lawyer can also advise on bail, on whether to plead guilty or not guilty, on diversion or therapeutic court options, and on the evidence you need. If you are not sure where you stand, it is worth getting advice early, before your first court date. You can get free legal information at any time and book a fixed-fee consultation with an admitted Australian lawyer through this service.
Where it is
Melbourne Magistrates' Court (the principal headquarters registry) is at 233 William Street, Melbourne VIC 3000 (postal: GPO Box 882, Melbourne VIC 3001). Phone (03) 9087 6111 or email
[email protected]. It is open Monday to Friday, 8:30am to 4:30pm, while the Bail and Remand Court runs extended hours, 7 days a week. The court is in the Melbourne CBD on the corner of William and La Trobe Streets, a short walk from Flagstaff station and city trams; check your own paperwork, as your matter may be listed at one of around 51 other venues across Victoria rather than in Melbourne.
Frequently asked questions
Will there be a jury at the Magistrates' Court?
No. In the Magistrates' Court of Victoria there is no jury. Cases are heard and decided by a magistrate sitting alone, who deals with both the facts and the law. Jury trials in Victoria happen in the County Court and the Supreme Court for more serious indictable offences.
What is a 'mention' and is it the same as a hearing?
A mention is usually the first court date in a criminal or intervention order matter, where the court works out how the case will proceed rather than deciding it. At a mention you indicate whether you plead guilty or not guilty, and the magistrate deals with bail and preliminary issues, then either finalises a simple matter or adjourns it. A contested hearing, where evidence is heard and the matter is decided, generally happens on a later date.
How much can the Magistrates' Court award in a civil claim?
The Magistrates' Court hears civil disputes for monetary claims up to $100,000, such as debts, damages and some equitable relief. Claims above that limit are generally dealt with in the County Court or Supreme Court. A civil case starts when the plaintiff files and serves a Complaint, and the defendant usually has to file a Notice of Defence within about 21 days or risk default judgment.
Do I need a lawyer, or can I represent myself?
Many people represent themselves in the Magistrates' Court, and registry staff plus duty lawyers (for example through Victoria Legal Aid) can help on the day. However, for criminal charges, committals, intervention orders or larger civil claims it is wise to get legal advice, because the outcome can affect your record, your licence, your finances or your safety. This service offers free legal information and can book a fixed-fee consultation with an admitted Australian lawyer.
What are committal proceedings?
Committal proceedings are conducted in the Magistrates' Court for serious indictable offences that will ultimately be dealt with in the County or Supreme Court. The committal stage tests whether there is enough evidence for the matter to proceed to trial in a higher court and manages disclosure of the prosecution case. The Magistrates' Court does not run the final trial for these serious matters; it prepares the case before it moves up.
What happens if I have been served with a family violence intervention order?
If you are the respondent to a family violence or personal safety intervention order, you must obey any interim order's conditions straight away, even if you plan to oppose it, because breaching an order is a criminal offence. At the first mention you can consent to the order, oppose it, or ask for an adjournment, and if you contest it the court will set a contested hearing for another day. Getting legal advice before the mention is strongly recommended, as these orders can have serious and lasting consequences.
Can I appear by phone or video, or get an interpreter?
In many situations the court can arrange an audio-visual or remote appearance, an interpreter, or remote witness facilities, but these need to be organised in advance. Contact the registry handling your matter as early as possible to request what you need. You should still treat the listed date as binding unless the court tells you otherwise.
What should I do if my matter is not at the Melbourne court?
The Magistrates' Court sits at around 51 venues across Victoria, so your matter may be listed at a regional or suburban court rather than at 233 William Street, Melbourne. Always check the venue named on your paperwork and use the court's 'Find a court' page to confirm the address, contact details and opening hours. Going to the wrong court can mean missing your hearing, which can have serious consequences.