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There are many different levels of courts and tribunals in Victoria.
At Nelson Brown Legal we are confident and familiar with each of them. We know how they work and what complexities they each have.
Please see below a brief overview of each.
The Supreme Court of Victoria is the highest court in Victoria. The Court is divided into the Trial Division and the Court of Appeal. The Trial Division hears very serious and complex criminal and civil cases.
The Court of Appeal hears appeals about decisions made in the County Court or in the Trial Division of the Supreme Court, and some appeals from the Victorian Civil and Administrative Tribunal. As it is the highest court in Victoria only the High Court of Australia can review its decisions.
The County Court of Victoria hears civil, criminal and criminal appeal matters before a judge and/or jury. The County Court hears all criminal matters except treason and murder and certain other murder-related offences. The broad range of offences the County Court does deal with include more serious criminal matters such as:
It also has Commercial and Common Law divisions, also known as the Civil Division, and can hear civil matters more than $100,000.
The Magistrates' Court of Victoria is the first level of the Victorian Court System. Sitting in 51 locations, it deals with most matters that reach court. Unlike the Supreme and County Court, there is no jury and each matter is heard and determined by a judicial officer, also known as a Magistrate.
The court’s criminal jurisdiction hears indictahble charges that can be heard summarily, generally charges that have a maximum penalty of 10 years imprisonment or less. It also heads all 'summary matters' (less serious charges commonly found within the Summary Offences Act 1966) which include traffic offences, minor assaults, breaches of intervention orders and offensive behaviour.
It is important to note that some 'indictable offences' (more serious charges that are usually heard in the County Court) may also be heard and decided by a magistrate if the accused consents to have the Magistrates’ Court hear the matter summarily.
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, but in most cases exceeding this amount, it will be heard in a higher court.
Specialised areas of the Magistrates’ Court include:
The Victorian Civil and Administrative Tribunal (VCAT) deals with a wide range of everyday legal disputes, including disputes about residential tenancy, goods and services, guardians and administrators and planning. Tribunals are a cheaper, quicker and more cost-effective alternative to courts in a less formal setting.
Serving also as a less stressful form of dispute resolution for people. Due to the less formal setting, often people involved in a case at the tribunal will be able to represent themselves.
The Children's Court of Victoria operates a lot like the Magistrates' Court however solely 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 would be sent to 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 and they must also be under 19 when their proceeding commences.
The Coroners Court of Victoria investigates the causes of some deaths and fires. Not every death in Victoria is investigated by a coroner, only those deemed necessary for an investigation – this may include deaths that are unexpected, unnatural, violent, or occurred because of an accident or injury. The coroner will conduct an independent investigation and seek to establish the facts.
After conducting these investigations, the coroner will make a report with recommendations based on their findings in order to try and prevent similar deaths from happening again.
The Koori Court is a court specifically for Aboriginal and Torres Strait Islander offenders who plead guilty and one that respects Koori culture (utilising the help of Aboriginal Elders and other Respected Persons). It encourages more participation from the Victorian Aboriginal and Torres Strait Islander communities in the Court's sentencing process and is in a less formal setting.
The Magistrates’ Koori Court sits in:
The Koori Court also operates in the Children’s Court. It was established in order to address the over-representation of young Koori people in the criminal justice system. It aims to reduce offending behaviour, as well as reduce the number of young Koori people being sentenced to a period of detention.
The County Koori Court is the first sentencing court for Aboriginal and Torres Strait Islander offenders in the higher jurisdiction in Australia. It follows the successful Koori Court model introduced at the Magistrates’ and Children’s Courts and sits at:
The Neighbourhood Justice Centre (NJC) deals with a range of court and tribunal matters and operates as a Magistrates' Court, Children's Court, Victorian Civil and Administrative Tribunal (VCAT) and Victims of Crime Assistance Tribunal (VOCAT). It is an organisation committed to resolving disputes by addressing the underlying causes of harmful behaviour and tackling social disadvantage.
The community justice centre exists for those who live in the City of Yarra and have to attend court. The NJC hopes by addressing the underlying issues and causes of harmful behaviour, it can work on stopping—or at the very least slowing down—the ‘revolving door’ of crime and punishment. The NJC’s court addresses these highly complex issues by linking people to the NJC's onsite services, which include substance abuse, mental health, family violence, homelessness and financial hardship. It also monitors people as they progress through the justice system in order to encourage or intervene where necessary.
Those who attend the NJC could include Aboriginal and Torres Strait Islander people who have a strong connection with the area. They may have their matters listed at the NJC. The NJC can also hear matters for a homeless person if an offence was committed in the City of Yarra.
At Nelson Brown Legal we are specalists with all levels of the Victorian Court System. We have the expertise and experience to represent and assist those facing a charge in any Victorian jurisdiction. Contact us today for a confidential consultation and expert legal advice.
