Magistrates' Court - VIC

Two important new practice directions apply in the Magistrates' Court of Victoria from 10 February 2025.

1. Practice Direction No. 1 of 2025 governs practice and modes of appearance, in person or online, in proceedings across the criminal and family violence divisions of the Magistrates' Court. It revokes Practice Direction No. 6 of 2022.
2. Practice Direction No. 2 of 2025 governs practices in the civil division of the Magistrates' Court. It revokes 51 previous practice directions.

The following are the key points of each.

Magistrates' Court criminal and family violence jurisdiction

Practice Direction No. 1 of 2025 sets out the procedure for all appearances, online or in person, except a first remand hearing which is covered by Practice Direction 1 of 2024. In general, online appearances by clients and practitioners are available, encouraged, and in many cases required. However, physical appearances are also possible, mainly by request, and in some cases required. The practice direction sets out detailed arrangements for all types of appearances, including:

• accused on bail or summons;
• bail applications and other hearings with the accused in custody;
• contest mention hearings, committal mentions, special mentions, and applications, and matters in Judicial Registrar lists;
• contested hearings and committal hearings;
• specialist courts and programs;
• intervention orders – applications and hearings; and
• filing materials with the court.

Represented accused and their lawyers are to appear in person or online as provided for in the practice direction, unless the court directs otherwise. If a represented accused appears in person, their lawyer must also appear in person, unless otherwise directed by the court. If a practitioner seeks to appear in a mode contrary to that set out in the practice direction, they must apply to do so by contacting the relevant court registry at least 7 days before the date. When appearing online, it is the practitioner’s responsibility to ensure they and their client have audio-visual capability from an appropriate private location, and their online appearance must not cause delay or interrupt the court.

Magistrates' Court civil jurisdiction

Practice Direction No. 2 of 2025 applies to all civil proceedings including the WorkCover Division, Industrial Division, and Federal Jurisdiction matters. It excludes matters arising under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010, and Industrial Division criminal proceedings. The practice note covers the following for general civil matters:

• overview and purpose;
• definitions;
• jurisdiction;
• self-represented litigants;
• issuing proceedings, filing documents and corresponding with the court;
• attending the court;
• consent orders;
• appropriate dispute resolution;
• applications in open court and directions hearings;
• call overs for contested matters and open court applications;
• contested hearings; and
• inspecting subpoenaed documents.

Specific directions in the WorkCover Division include:

• medical panel referrals;
• inspection of medical and other records;
• subpoenas relating to confidential communications; and
• dependents’ compensation.

Specific directions in the Industrial Division include:

• support for self-represented litigants;
• filing documents;
• pre-hearing conferences; and
• contested matters.

Specific directions in the Federal jurisdiction concern the commencement of proceedings. Appendix A to the practice direction lists the 51 previous Magistrates' Court practice directions that are revoked.

Publication updates

The commentary and hyperlinks in the following By Lawyers Magistrates' Court (VIC) guides have been updated accordingly:

• Civil - Acting for the Plaintiff;
• Civil - Acting for the Defendant;
• Intervention Orders;
• Criminal; and
• Traffic.