Magistrates’ Court of Victoria: what to do before your date
A criminal summons, a civil complaint and an intervention order require different responses. Check the document, service date and current court directions first. Use the comparisons below to work out what to ask, which documents to prepare and whether your hearing is online or in person.
Key points
- If you are unrepresented and on bail or summons in a criminal case, the current general rule is to attend in person. Court permission, directions and confirmed adjournments can change that; bail may still need extending.
- For an ordinary civil complaint served in Victoria, the usual defence period is 21 days after service. You must file and serve the defence. Check the complaint and any different period or court order.
- Civil hearings ordinarily take place online under the current civil practice direction, except early neutral evaluations and WorkCover contested hearings, unless the court directs otherwise.
- An interim intervention order does not automatically end at the next hearing. Comply with the order while seeking advice about contesting or changing it.
- The ordinary civil monetary limit is $100,000, but special jurisdictions and exceptions matter. Some matters are handled by judicial registrars; there is no jury in the Magistrates’ Court.
- Court fees, an optional initial lawyer consultation and ongoing representation are different costs. The current fee comparison and preparation checklist below help you ask specific questions.
Read the document and current directions before assuming how to respond. An unrepresented criminal accused on bail or summons ordinarily attends in person, with specified exceptions; an ordinary civil complaint served in Victoria usually requires a defence to be filed and served within 21 days after service. Keep obeying any intervention order while seeking advice. Use the comparisons below to check attendance, fees and the right next step.
Checked on 23 October 2026: current Victorian legislation, civil rules, court practice directions, July 2026 fees, registry and Victoria Legal Aid guidance linked below. Sources and limits of this check.
Start with the document you received
The court deals with summary criminal cases, eligible indictable cases heard summarily, committal proceedings, civil disputes and intervention orders. The Magistrates’ Court Act and other legislation set its powers; a case is not allocated solely by the amount claimed or the label on a search result.
Scroll the tables sideways to compare all columns.
| Document or proceeding | Check now | Why it matters |
|---|---|---|
| Criminal charge, summons or bail undertaking | The charges, date, venue, appearance instructions and every bail condition. | Get advice before choosing a plea. A consultation or request for adjournment does not itself excuse attendance. |
| Civil complaint | The named parties, claim, service date, response period and address for service. | If defending, file and serve the correct documents. The plaintiff can seek default judgment if no defence is given. |
| FVIO or personal safety intervention order | Whether there is an interim or final order, its actual conditions, your role and the next listing. | An application is different from an order. Breaching an enforceable order can be a criminal offence. |
| Existing judgment or sentence | The actual order, date, whether you appeared and who made the decision. | Rehearing, appeal and review are different routes with different conditions and time limits. |
The ordinary civil jurisdiction covers debts, damages and certain equitable relief up to $100,000. Consent and specialist powers, including WorkCover and substituted federal-jurisdiction matters, can change that position. Check the claim type and statutory route before filing; the amount alone is not enough.
Do you attend in person or online?
Follow the current notice and any specific direction. Practice Direction 1 of 2026, commencing 30 June 2026, governs criminal and intervention-order appearances. Civil Practice Direction 2 of 2025, revised December 2025, governs ordinary civil appearances.
Scroll the tables sideways to compare all columns.
| Proceeding and role | Ordinary position | Important qualification |
|---|---|---|
| Unrepresented accused on bail or summons | Attend the criminal court in person. | Different arrangements need permission, a direction or confirmation of an adjournment. If on bail, attend to extend it unless the court has notified you that bail is extended. |
| Civil proceeding | Hearings ordinarily take place online. | Early neutral evaluations and WorkCover contested hearings are in person, unless otherwise directed. Ask promptly if you need a different arrangement. |
| Respondent to an FVIO or personal safety application | Appear in person unless the court directs otherwise. | Applicants, affected family members and protected persons have different rules. Complete the applicable pre-court form at least seven clear working days before the hearing; check your role and any exception. |
Represented criminal cases and people in custody have separate hearing-specific rules. Do not assume that your lawyer joining online means you may do so. Request any adjournment promptly; unless excused or notified of the change, keep the listed appearance. An adjournment does not itself remove a bail condition.
What can happen at a criminal appearance?
A mention can address representation, the proposed plea, bail and directions for the next step. The listing is not a promise that the case will finish that day. Obtain advice about the allegations and evidence before pleading; ask what preparation is needed if a plea or contested hearing is proposed.
The Criminal Procedure Act permits some indictable charges to be heard summarily where the statutory conditions are met, including suitability and ordinarily the accused’s consent. Serious matters can proceed through committal to the County or Supreme Court.
Committal procedure changed for proceedings whose filing hearing began on or after 28 December 2025. The former sufficiency-of-evidence screening test was removed under the new framework; earlier proceedings retain transitional rules. A committal is not a trial deciding guilt. See the court’s reform notice and obtain advice on the actual charges and applicable process.
Intervention-order proceedings are separate from criminal charges, even if the same events are involved. An interim FVIO or personal safety order does not merely expire at the next court date: statutory events such as revocation, final determination or withdrawal govern when it ends. Do not assume an invitation or agreement from the other person changes a court order.
How do you respond to a civil complaint?
If you dispute an ordinary complaint served in Victoria, the usual period is 21 days after service to give a notice of defence. Rules 8.01–8.03 require service on the plaintiff at the stated address for service and filing with the registrar. Read the period on your complaint: a court order or service outside Australia can change it.
The court’s defence guide links Form 8A and the required overarching-obligations and proper-basis certifications, Forms 4A and 4B. Identify what is admitted or disputed and the factual basis. Informal negotiation does not automatically extend the deadline. A late defence may still be possible before default judgment, subject to the rules; after judgment, seek advice about setting it aside or rehearing.
Under the current civil practice direction, self-represented parties and practitioners without CMS access file and correspond by email with the relevant registry. If electronic filing cannot be done, the registry accepts mail or in-person documents. Confirm receipt and any required fee or waiver; sending papers is not the same as acceptance. Service on the other party is a separate requirement.
A defended case may be directed to a pre-hearing conference, mediation, early neutral evaluation, arbitration or a contested hearing, depending on the claim and orders. A settlement event is not a guaranteed resolution. Follow the particular directions for documents, witnesses and participation.
Court action can involve adverse costs as well as your own expenses. Before starting or defending, identify the correct parties, remedy, evidence, limitation issue and likely ability to recover payment. Do not assume the $100,000 limit or the ordinary 21-day defence period answers every procedural question.
Current civil filing fees from 1 July 2026
These Australian-dollar examples concern filing a complaint, counterclaim or third-party notice for monetary relief. They use the Fees Regulations, Schedule 1 items 2.1–2.4, and the court’s July 2026 reckoner with a $17.27 fee unit. They are not a total case quote or a charge automatically payable by everyone attending court.
Scroll the tables sideways to compare all columns.
| Amount claimed | Standard | Concession | Corporate |
|---|---|---|---|
| $1,000 or less | $176.20 | $88.10 | $352.30 |
| More than $1,000 up to $10,000 | $367.90 | $184.80 | $735.70 |
| More than $10,000 up to $40,000 | $559.50 | $279.80 | $1,119.10 |
| More than $40,000 | $839.30 | $279.80 | $1,678.60 |
The regulations place exactly $40,000 in the lower band, although the reckoner’s column heading suggests otherwise; confirm the assessment with the registry. Standard status includes individuals and specified entities; concession requires a current qualifying Health Care Card. Other entities generally pay corporate fees, subject to the statutory definitions and evidence. The less-than-$200,000 turnover test is not a blanket exemption for every business. Other filings, mediation, later hearing days, service, enforcement and lawyers’ fees can add costs. The reckoner’s professional-costs rows are not extra court filing fees. Ask about applicable exemptions or financial-hardship fee relief; neither a waiver nor extra time is automatic.
Missed court or disagree with a decision?
Obtain the order immediately and ask which procedure applies. The ordinary routes below are different from judicial-registrar review, intervention-order appeals and specialised licence applications. Special routes can also apply to a decision of the Chief Magistrate as a dual commission holder.
Scroll the tables sideways to compare all columns.
| Situation | Route or ordinary time point | Important limit |
|---|---|---|
| Criminal conviction and sentence, or sentence alone | Appeal ordinarily to the County Court: file within 28 days after the day sentence is imposed, and serve the respondent within seven days after filing. | Late leave requires statutory grounds. The appeal is a rehearing and a more severe sentence is possible. |
| Final civil order and an alleged legal error | Appeal to the Supreme Court on a question of law, ordinarily within 30 days after the day the order was made. | This is not a general factual retrial. Late leave has statutory conditions; filing does not automatically stay the order. |
| Final civil order made when you did not appear | Ask promptly about an application to set aside the order and rehear the case. | The court decides whether to grant it. Section 110 stays the money-payment part on application, not automatically every part of the order. |
For a criminal decision made in absence, a separate rehearing procedure may be available; get advice promptly about the right route and required service. Criminal appeals and rehearings have distinct stay, custody and driving rules. Do not drive or assume release merely because an application is filed. Read the criminal appeal guidance and civil rehearing guidance with the current legislation. A consultation does not file an appeal or stop enforcement.
Which registry and what assistance do you need?
Use the venue on your documents, not an assumption that every Victorian case is in Melbourne. Melbourne Magistrates’ Court is at 233 William Street, Melbourne, with enquiries on (03) 9087 6111. Its published ordinary hours are Monday–Friday, 8:30am–4:30pm. The Bail and Remand Court has separate extended hours.
Check the listing time, courtroom or video link, and allow time for security if attending. The court recommends arriving at least 30 minutes early. Registry staff can assist with procedure and listings, but cannot choose your plea or advise whether your claim will succeed.
Raise safety, accessibility and language needs early. Interpreter arrangements depend on the proceeding and role; do not assume the court will arrange or pay for a civil-party or witness interpreter. Confirm the booking, responsible person and cost before the hearing.
Five things to prepare before court or legal advice
- Collect the complete summons, complaint, applications, bail conditions, interim/final orders and hearing notices. Record the case number, service dates and envelopes or electronic delivery records.
- Prepare a short factual chronology and preserve the relevant originals: police materials, contracts, invoices, payment records, photographs and messages. Distinguish what you know from what someone else told you.
- Identify witnesses and the questions you need answered: the next required step, defence or plea options, time limits and any urgent application. Do not create facts or use an AI-generated account as witness evidence.
- Gather existing lawyer/insurer details and financial material for any aid or fee-relief assessment. Tell the registry or lawyer early about interpreter, disability, childcare or safety needs affecting attendance.
- Confirm the hearing method and what must be filed and served. Ask what free help may be available and what an initial consultation covers, including separate costs for drafting, filing or representation.
This preparation list does not replace court directions or complete a filing. Keep complying with existing conditions and deadlines while arranging advice.
Arrange an initial lawyer consultation — A$295
Use the consultation to review the documents, identify the actual deadline and discuss the next step. Ask whether ongoing representation is needed and available. Court attendance, drafting, filing, negotiations and taking over the case are separate unless expressly agreed with the lawyer.
Legal Hotline is not a law firm. The optional A$295 including GST fee covers matching and arranging an initial consultation with an independent Australian lawyer. There is no additional lawyer charge for that initial consultation. Further work and fees are agreed separately.
Suitability, conflicts, the lawyer’s acceptance and appointment availability must be confirmed. Booking does not excuse attendance, extend a deadline, vary an order or stop enforcement. The free 1800 951 176 line provides AI-generated general information, not a lawyer’s advice, the court registry or Legal Aid.
Official help and free legal information
Ask about official assistance before your court date. Free information, eligible legal advice and ongoing representation are different services; availability and eligibility must be checked.
Victoria Legal Aid — Legal Help
1300 792 387, Monday–Friday 8am–6pm excluding public holidays. General information and referrals are available; specific legal advice depends on eligibility. Legal Help Chat does not provide specific legal advice or arrange appointments.
Victoria Legal Aid — help before and at court
Ask early about Help Before Court and duty assistance. Duty lawyers cannot help everyone and their initial help does not guarantee ongoing representation.
Magistrates’ Court — defending a civil complaint
Official steps and forms for a defence. Read with current rules and court directions; filing and serving are separate requirements.
Magistrates’ Court — legal help and registry limits
The registry can explain procedure and available services. It cannot provide advice about the merits, your plea or the best strategy.
Questions before a Victorian Magistrates’ Court date
Can I attend the Magistrates’ Court online?
It depends on the proceeding, your role and current directions. An unrepresented accused on bail or summons ordinarily attends in person unless the court permits or directs otherwise or confirms an adjournment. Bail may still require attendance to extend it. Ordinary civil hearings are generally online, with exceptions including early neutral evaluations and WorkCover contested hearings. Intervention-order respondents generally attend in person unless otherwise directed. Check your own notice and registry.
How long do I have to defend a civil complaint in Victoria?
For an ordinary complaint served in Victoria, the usual period is 21 days after service to file and serve a notice of defence. Read the period stated in the complaint and check court orders or service outside Australia, which can change it. Informal negotiations do not automatically extend time. A late defence may be possible before default judgment under the rules; if judgment has been entered, obtain advice about setting it aside or rehearing.
Does an interim intervention order end at the next court date?
No. An interim FVIO or personal safety intervention order does not automatically expire just because the next hearing date arrives. Its end depends on statutory events such as revocation, final determination or withdrawal, and an order can continue until a final order is served in specified circumstances. Keep complying while seeking advice about contesting or changing it. Breach of an enforceable order can be a criminal offence.
What does it cost to file a $40,000 civil claim?
For an ordinary monetary complaint of exactly $40,000, the current regulations and July 2026 fee unit give $559.50 standard, $279.80 concession or $1,119.10 corporate. The regulations include exactly $40,000 in this band, although a column heading in the court reckoner suggests otherwise; confirm the assessment and payer category with the registry. Other filings, service, hearings and legal costs may add expense. This is not a total case quote.
Can I appeal if I disagree with the result?
The route depends on the order. An ordinary criminal appeal against conviction and sentence, or sentence alone, is generally filed within 28 days after the day sentence is imposed and served within seven days after filing. An ordinary final civil appeal to the Supreme Court is on a question of law and generally has a 30-day limit after the order. Rehearing, registrar review and special orders have different rules. Obtain urgent advice about time, grounds, costs, stay requirements and the risk of a harsher criminal sentence.
Does the A$295 consultation include a lawyer going to court?
The optional A$295 including GST pays Legal Hotline to match and arrange an initial consultation with an independent Australian lawyer, with no additional lawyer charge for that consultation. Court attendance, drafting, filing and ongoing work are separate unless expressly agreed. Acceptance and appointment availability must be confirmed. The free phone line provides AI information, not a lawyer’s advice. Official free-help routes may also be available.
Sources and update record
Checked on 23 October 2026 against the current legislation, civil rules updated 19 October 2026, practice directions, July 2026 fee schedule and official guidance. Current legislation and applicable directions control older simplified web guidance. The fee table follows the regulations at the exact $40,000 boundary. This is a practical overview, not an exhaustive account of specialist jurisdiction, service, bail, sentencing, appeal or intervention-order rules.
- Magistrates’ Court Act 1989 — current version
- Criminal Procedure Act 2009 — current version
- General Civil Procedure Rules 2020 — 19 October 2026 version
- Magistrates’ Court Fees Regulations 2022
- Family Violence Protection Act 2008
- Personal Safety Intervention Orders Act 2010
- Practice Direction 1 of 2026 — appearance rules
- Civil Practice Direction 2 of 2025 — revised December 2025
- Court — implementing committal reform
- Court — defending a civil matter
- Court — July 2026 fees and costs reckoner
- Court — civil fees and fee relief
- Court — criminal appeals and rehearings
- Court — civil appeals and rehearings
- Melbourne Magistrates’ Court — location and contact
- Court — preparing for court
- Court — interpreters
- Court — legal help
- Victoria Legal Aid — speak to us
- Legal Hotline Australia — booking
- Legal Hotline Australia — lawyer arrangements
- Legal Hotline Australia — terms
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.