Magistrates' Court of Victoria guide

What the Magistrates' Court of Victoria hears, how a civil matter starts, filing, fees, hearings and appeals, with links to official sources. Court Co-Pilot is not a law firm and does not give legal advice.

What it hears

The court hears civil disputes up to $100,000 arising from debts, damages claims, other monetary disputes or equitable relief. Disputes above that amount go to a higher court.

It also deals with criminal matters and with family violence and personal safety intervention orders.

How to start

A civil matter starts when the plaintiff files a complaint. The court lists a complaint (Form 5A) with a statement of claim, a proper basis certification (Form 4B) and an overarching obligations certification (Form 4A).

The court says a complaint is valid for 12 months from the date of filing.

Filing and service

The original and two copies of the complaint are filed in person or by post. The court's civil fees page says self-represented people do not have access to its CMS Portal. The portal's access FAQ, last updated 11 July 2023, says the same of the civil release and that future releases will include self-represented people.

The defendant is served with a copy of the complaint and two blank notices of defence, and the person who served them completes an affidavit of service (Form 6A). The defendant then has 21 days to file a notice of defence.

Fees

Civil fees are set by the Victorian Government and updated on 1 July each year. There are standard, corporate and concession categories, and a complaint fee depends on the amount claimed. Current amounts are on the court's fees page.

Hearings

The court recommends arriving at least 30 minutes early, passing through security and reporting to the registry. If a matter is called and the person cannot be found, it may be decided without them.

When the matter is called, the person goes to the bar table. The court has separate guidelines for online hearings.

Appeals

Civil: final orders can be appealed to the Supreme Court on a question of law. The Supreme Court's guide gives 30 days from the decision to file a notice of appeal. A judicial registrar's decision can be reviewed within 28 days, and the court also has a rehearing process.

Criminal: a person found guilty or sentenced can appeal. The court says a notice of appeal is lodged with the Magistrates' Court within 28 days of the decision. These appeals are heard in the County Court.

Official sources

• Civil matters: Civil jurisdiction overview.
• Starting a civil matter: Forms, filing and service steps.
• Civil fees: Fee categories and how to pay.
• CMS Portal access FAQ: Who can use the portal. Page last updated 11 July 2023.
• Court fees and costs ready reckoner: Published fee amounts.
• Representing yourself: Attending court without a lawyer.
• Guidelines for attending an online hearing: Online hearing guidelines.
• Civil appeals and rehearings: Appeals, reviews and rehearings.
• Appealing a sentence: Criminal appeals.
• Guide: appealing a Magistrates' Court civil decision: Supreme Court guide to these appeals.
• Magistrates' Court Act 1989: The court's governing Act.

Sources, checked 2026-11-01.