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Victoria's courts and tribunals
The courts in Victoria are the:
- Magistrates' Court
- County Court
- Supreme Court
- Children's Court
- Neighbourhood Justice Centre.
Magistrates’ Court
The Magistrates' Court (link below) deals with most legal disputes in Victoria.
The court’s criminal jurisdiction hears 'summary matters' (less serious charges which are heard and decided by a magistrate), including traffic offences, minor assaults, property damage and offensive behaviour. Some 'indictable offences' (more serious charges that may be heard by a judge and jury of a higher court) may also be heard and decided by a magistrate if the accused agrees. These offences include burglary and theft.
In civil matters, such as negligence claims, contract disputes and claims for repair and injury from car accidents, the Magistrates' Court can decide most disputes about money or property up to the value of $100,000 (in some cases the court can deal with unlimited value).
Specialised areas of the Magistrates’ Court include the Coroner’s Court, Drug Court, and the Koori Court.
County Court
The County Court (link below) deals with more serious crimes and with claims for amounts over $100,000. Cases in the County Court are heard by a judge and jury.
If a decision made in the Magistrates' Court is to be appealed, it usually goes to the 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. County Court judges also visit major country towns to hear cases.
Supreme Court
The Supreme Court (link below) is Victoria’s highest court. Cases in the Supreme Court are heard by a judge and jury.
The court is divided into the Court of Appeal, which hears appeals about decisions made in the County Court, and the Trial Division.
The Trial Division hears very serious criminal cases, like murder, and deals with large disputes over money and business. Civil claims for $200,000 and above are heard in the Supreme Court.
Children’s Court
The Children's Court (link below) operates like the Magistrates' Court but specialises in children's matters.
The Criminal Division of the Children’s Court hears all charges except offences resulting in death or attempted murder, which must be heard in an adult court. 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. They must also be under 19 at when their proceeding commences (when the charge is filed).
The Family Division of the Children’s Court hears protection applications, breaches of welfare orders, changes to welfare orders, irreconcilable differences applications and applications for permanent care.
Tribunals
Tribunals are less formal than courts and are usually a quicker and cheaper way of resolving disputes. Often people involved in a case at the tribunal will be able to represent themselves.
Most Victorian tribunals have combined to form the Victorian Civil and Administrative Tribunal (VCAT).
VCAT has three divisions, each specialising in different types of cases:
- the Civil Division includes the Civil Claims List, Credit List, Domestic Building List and Residential Tenancies List
- the Administrative Division includes the General List, Occupational and Business Regulation List and Planning and Environment List
- the Human Rights Division includes the Anti-Discrimination List and Guardianship List.
See the VCAT website (link below) for more information about the lists and types of cases that can be dealt with at VCAT.
Other Victorian tribunals include the Mental Health Review Board (link below) and the Victims of Crime Assistance Tribunal (link below).
Neighbourhood Justice Centre
The Neighbourhood Justice Centre (link below) deals with a range of court and tribunal matters. It operates as a Magistrates' Court, Children's Court and VCAT.
The centre is for people who live in the City of Yarra and have to attend court. It is committed to resolving disputes by addressing the underlying causes of harmful behaviour and tackling social disadvantage.
More information
Going to court for an intervention order hearing
Going to court for traffic offences
Youth issues – Children’s Court
Related publications
Related websites
Victims of Crime Assistance Tribunal
Victorian Civil and Administrative Tribunal
Vitrual court tours
Children’s Court of Victoria virtual court site
Magistrates' Court of Victoria virtual court site
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s other free legal services include:
- advice at VLA offices and other locations across Victoria
- lawyers who are on ‘duty’ to help at many courts and tribunals.
For some matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.