The Magistrates' Court of Victoria is the lowest court in the Australian

state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our ...

Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seyche ...

. The court possesses

original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the S ...

over

summary offences A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offenc ...

and indictable offences heard summarily, as well as

civil claim A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a p ...

s up to $100,000. It is also able to hear various pre-trial criminal procedures, including bail applications and committal hearings. Decisions of the Magistrates' Court may be appealed to the County Court, with the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

also able to hear a limited number of

appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...

s on questions of law.

Layout

A typical courtroom layout consists of a

witness box A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual ...

, a public gallery, the bar table (at which the parties sit), a raised bench for seating the sitting

magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a ''magistratus'' was one of the highest ranking government officers, and possessed both judici ...

and a clerk and sometimes a

dock A dock (from Dutch ''dok'') is the area of water between or next to one or a group of human-made structures that are involved in the handling of boats or ships (usually on or near a shore) or such structures themselves. The exact meaning vari ...

for housing

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...

s in custody. Many Victorian magistrates' courts have video link facilities for witnesses to appear via remote

video conference Video is an electronic medium for the recording, copying, playback, broadcasting, and display of moving visual media. Video was first developed for mechanical television systems, which were quickly replaced by cathode-ray tube (CRT) system ...

rather than in person and is used for when witnesses cannot travel or the prisoner is unable to travel to court in person.

Cases

The Magistrates' Court of Victoria hears many different types of cases, such as: *warrant application hearings; *committal hearings and

police The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and ...

prosecutions; *bail application hearings; *money claims and other civil disputes, not exceeding $100,000; *

family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...

and

Family violence Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner v ...

matters; Magistrates are appointed by the Attorney General after receiving expressions of interest from Australian lawyers and are appointed as members of the Victims of Crime Assistance Tribunal (VOCAT), which is a separate and independent statutory entity which determines claims for compensation made by victims of crime and their families.

History

Although the current court was established by the ''Magistrates' Court Act 1989'' (

), Victoria has had magistrates since 1836, when the people of Melbourne elected an arbitrator of the city to resolve minor disputes. Captain William Lonsdale, a police magistrate, was appointed in 1836 and the first case was heard at a location near the present site of Southern Cross station (formerly Spencer Street station). In 1838, a third court, the Court of Petty Sessions was created. By 1890, all three types of courts were held at 235 locations throughout Victoria. On 20 January 1914, the new City Court was opened at Russell Street in Melbourne and

Phillip Blashki Phillip Blashki (21 February 1837 – 21 October 1916) was a Polish immigrant to Australia who rose to be a successful businessman, magistrate, JP, holder of many positions of public responsibility and associated with numerous community and char ...

JP was the first Chairman of the City Court Bench. The then Prime Minister,

Alfred Deakin Alfred Deakin (3 August 1856 – 7 October 1919) was an Australian politician who served as the second Prime Minister of Australia. He was a leader of the movement for Federation, which occurred in 1901. During his three terms as prime ministe ...

, presented Blashki with an illuminated address signed by 30 of the court's solicitors when he retired, aged 70. Police magistrates were able to sit in on Petty Court sessions, but generally two or three

Justice of the Peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission (letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the same ...

were required for cases to be heard. The Court of Petty Sessions, also originally attended to matters under 20 pounds, and even criminal matters, like drunkenness and minor assaults.

Recent history

On 29 May 2000, a Deed of Apology was signed for the treatment of

Aboriginal peoples Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...

, which tied in with

National Sorry Day National Sorry Day, or the National Day of Healing, is an annual event that has been held in Australia on 26 May since 1998. The event remembers and commemorates the mistreatment of the country's Indigenous peoples as part of an ongoing proces ...

actions, by the Chief Magistrate and Principal Registrar on behalf of the Magistrates' Court of Victoria. The deed was received at the Wangaratta courthouse by Wally Cooper. In 2000, Chief Magistrate of the Court Michael Adams was forced to stand down on 31 October after claims that he harassed female members of his court. This was reported on '' The 7.30 Report'' and also in the Melbourne newspapers, resulting in the extraordinary vote. The

Chief Magistrate Chief magistrate is a public official, executive or judicial, whose office is the highest in its class. Historically, the two different meanings of magistrate have often overlapped and refer to, as the case may be, to a major political and admini ...

is currently Justice Lisa Hannan. The Chief Executive Officer is Andrew Tenni. The Principal Registrar is Simone Shields.

Courthouses

Metropolitan locations

Melbourne Magistrates' Court The Melbourne Magistrates' Court is the largest venue at which the Magistrates' Court of Victoria sits. It is a court in Melbourne, Victoria, Australia that deals with, and dispenses of, a range of criminal and civil matters, including crim ...

Melbourne Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a metrop ...

*Broadmeadows Magistrates' Court,

Broadmeadows Broadmeadows is a suburb in Melbourne, Victoria, Australia, north of Melbourne's Central Business District, located within the City of Hume local government area. Broadmeadows recorded a population of 12,524 at the 2021 census. Broadmeado ...

*Dandenong Magistrates' Court,

Dandenong Dandenong is a southeastern suburb of Melbourne, Victoria, Australia, about from the Melbourne CBD. It is the council seat of the City of Greater Dandenong local government area, with a recorded population of 30,127 at the . Situated mainl ...

*Frankston Magistrates' Court, Frankston *Heidelberg Magistrates' Court, Heidelberg *Moorabbin Justice Centre, Highett
Neighbourhood Justice Centre
Collingwood *Ringwood Magistrates' Court,

Ringwood Ringwood may refer to: Places Australia * Ringwood, New South Wales, in Federation Council area * Ringwood, Queensland *Ringwood, Victoria, a suburb of Melbourne ** Ringwood railway station, Melbourne Canada * Ringwood, Ontario, a hamlet in the ...

*Sunshine Magistrates' Court,

Sunshine Sunlight is a portion of the electromagnetic radiation given off by the Sun, in particular infrared, visible, and ultraviolet light. On Earth, sunlight is scattered and filtered through Earth's atmosphere, and is obvious as daylight when ...

*Werribee Magistrates' Court,

Werribee Werribee is a suburb in Melbourne, Victoria, Australia, south-west of Melbourne's Central Business District, located within the City of Wyndham local government area. Werribee recorded a population of 50,027 at the 2021 census. Werribee is ...

Country locations

* Ararat *

Bacchus Marsh Bacchus Marsh (Wathawurrung: ''Pullerbopulloke'') is an urban centre and suburban locality in Victoria, Australia located approximately north west of the state capital Melbourne and west of Melton at a near equidistance to the major cities o ...

Bairnsdale Bairnsdale () ( Ganai: ''Wy-yung'') is a city in East Gippsland, Victoria, Australia in a region traditionally owned by the Tatungalung clan of the Gunaikurnai people. The estimated population of Bairnsdale urban area was 15,411 at ...

Ballarat Ballarat ( ) is a city in the Central Highlands of Victoria, Australia. At the 2021 Census, Ballarat had a population of 116,201, making it the third largest city in Victoria. Estimated resident population, 30 June 2018. Within months of Vi ...

Benalla Benalla is a small city located on the Broken River gateway to the High Country north-eastern region of Victoria, Australia, about north east of the state capital Melbourne. At the the population was 10,822. It is the administrative cent ...

Bendigo Bendigo ( ) is a city in Victoria, Australia, located in the Bendigo Valley near the geographical centre of the state and approximately north-west of Melbourne, the state capital. As of 2019, Bendigo had an urban population of 100,991, maki ...

* Castlemaine *

Cobram Cobram is a town in the Australian state of Victoria. It is on the Murray River which forms the border between Victoria and New South Wales. Cobram along with the nearby towns of Numurkah and Yarrawonga is part of Shire of Moira and is the ...

* Colac *

Corryong Corryong is a small town in Victoria, Australia east of Albury-Wodonga, near the upper reaches of the Murray River and close to the New South Wales border. At the , Corryong had a population of 1,348. The post office opened on 1 February 1 ...

Dromana Dromana is a seaside suburb on the Mornington Peninsula in Melbourne, Victoria, Australia, south of Melbourne's Central Business District, located within the Shire of Mornington Peninsula local government area. Dromana recorded a population o ...

Echuca Echuca ( ) is a town on the banks of the Murray River and Campaspe River in Victoria, Australia. The border town of Moama is adjacent on the northern side of the Murray River in New South Wales. Echuca is the administrative centre and larges ...

* Edenhope *

Geelong Geelong ( ) (Wathawurrung: ''Djilang''/''Djalang'') is a port city in the southeastern Australian state of Victoria, located at the eastern end of Corio Bay (the smaller western portion of Port Phillip Bay) and the left bank of Barwon River, ...

Hamilton Hamilton may refer to: People * Hamilton (name), a common British surname and occasional given name, usually of Scottish origin, including a list of persons with the surname ** The Duke of Hamilton, the premier peer of Scotland ** Lord Hamilto ...

* Hopetoun *

Horsham Horsham is a market town on the upper reaches of the River Arun on the fringe of the Weald in West Sussex, England. The town is south south-west of London, north-west of Brighton and north-east of the county town of Chichester. Nearby tow ...

Kerang Kerang is a rural town on the Loddon River in northern Victoria in Australia. It is the commercial centre to an irrigation district based on livestock, horticulture, lucerne and grain. It is located north-west of Melbourne on the Murray ...

* Korumburra *

Kyneton Kyneton ( ) is a town in the Macedon Ranges region of Victoria, Australia. The Calder Freeway bypasses Kyneton to the north and east. Kyneton is on Dja Dja Wurrung, Taungurung and Wurundjeri Woi Wurrung country. The town has four main stree ...

* Latrobe Valley, Morwell *

Mansfield Mansfield is a market town and the administrative centre of Mansfield District in Nottinghamshire, England. It is the largest town in the wider Mansfield Urban Area (followed by Sutton-in-Ashfield). It gained the Royal Charter of a market town ...

* Maryborough *

Mildura Mildura is a regional city in north-west Victoria, Australia. Located on the Victorian side of the Murray River, Mildura had a population of 34,565 in 2021. When nearby Wentworth, Irymple, Nichols Point and Merbein are included, the area ...

Myrtleford Myrtleford is a town in northeast Victoria, Australia, 280 km (170 miles) northeast of Melbourne and 46 km (29 miles) southeast of Wangaratta. Myrtleford is part of the Alpine Shire local government area and in 2016 the town had a p ...

Nhill Nhill is a town in the Wimmera, in western Victoria, Australia. Nhill is located on the Western Highway, halfway between Adelaide and Melbourne. At the , Nhill had a population of 1,749. "Nhill" is believed to be a Wergaia word meaning "early ...

Omeo Omeo ( ) is a town in Victoria, Australia on the Great Alpine Road, east of Mount Hotham, in the Shire of East Gippsland. At the 2016 census, Omeo had a population of 406. The name is derived from an Aboriginal word for 'mountains' or 'hill ...

Orbost Orbost is a historic early settlers town in the Shire of East Gippsland, Victoria, east of Melbourne and south of Canberra where the Princes Highway crosses the Snowy River. It is about from the surf and fishing seaside town of Marlo on the ...

Ouyen Ouyen is a town in Victoria, Australia, located in the Rural City of Mildura at the junction of the Calder Highway and Mallee Highway, south of Mildura, and northwest of Melbourne. At the 2016 census, the town had a population of 1,045. H ...

Portland Portland most commonly refers to: * Portland, Oregon, the largest city in the state of Oregon, in the Pacific Northwest region of the United States * Portland, Maine, the largest city in the state of Maine, in the New England region of the northeas ...

* Robinvale * Sale * Seymour *

Shepparton Shepparton () ( Yortayorta: ''Kanny-goopna'') is a city located on the floodplain of the Goulburn River in northern Victoria, Australia, approximately north-northeast of Melbourne. As of the 2021 census, the estimated population of Shepparton ...

* St Arnaud * Stawell *

Swan Hill Swan Hill is a city in the northwest of Victoria, Australia on the Murray Valley Highway and on the south bank of the Murray River, downstream from the junction of the Loddon River. At , Swan Hill had a population of 11,508. Indigenous Peop ...

Wangaratta Wangaratta ( ) is a city in the northeast of Victoria, Australia, from Melbourne along the Hume Highway. The city had an estimated urban population of 19,318 at June 2018. Wangaratta has recorded a population growth rate of almost 1% annually ...

Warrnambool Warrnambool (Maar: ''Peetoop'' or ''Wheringkernitch'' or ''Warrnambool'') is a city on the south-western coast of Victoria, Australia. At the 2021 census, Warrnambool had a population of 35,743. Situated on the Princes Highway, Warrnambool (Alla ...

Wodonga Wodonga ( Waywurru: ''Wordonga'') is a city on the Victorian side of the border with New South Wales, north-east of Melbourne, Australia. It is located wholly within the boundaries of the City of Wodonga LGA. Its population is approximately ...

Wonthaggi Wonthaggi is a seaside town located south east of Melbourne via the South Gippsland and Bass Highways, in the Bass Coast Shire of Gippsland, Victoria, Australia. Known originally for its coal mining, it is now the largest town in South Gipps ...

Closed metropolitan locations

*Ferntree Gully Magistrates' Court, Ferntree Gully (latitude: 37°53'17.55"S, longitude: 145°17'31.59"E; now owned by Knox Community Health Service) *Box Hill Magistrates' Court *Springvale Magistrates' Court *Prahran Magistrates' Court *Williamstown Magistrates' Court, Williamstown *Moonee Ponds Magistrates' Court,

Moonee Ponds Moonee Ponds is an inner-city suburb in Melbourne, Victoria, Australia, north-west of Melbourne's Central Business District, located within the City of Moonee Valley local government area. Moonee Ponds recorded a population of 16,224 at the ...

*Preston Magistrates' Court,

Preston Preston is a place name, surname and given name that may refer to: Places England *Preston, Lancashire, an urban settlement **The City of Preston, Lancashire, a borough and non-metropolitan district which contains the settlement **County Boro ...

*Coburg Magistrates' Court,

Coburg Coburg () is a town located on the Itz river in the Upper Franconia region of Bavaria, Germany. Long part of one of the Thuringian states of the Wettin line, it joined Bavaria by popular vote only in 1920. Until the revolution of 1918, it was ...

Closed country locations

* Kilmore Magistrates' Court *

Alexandra Alexandra () is the feminine form of the given name Alexander (, ). Etymologically, the name is a compound of the Greek verb (; meaning 'to defend') and (; GEN , ; meaning 'man'). Thus it may be roughly translated as "defender of man" or "prot ...

Magistrates' Court *

Yarrawonga Yarrawonga is a town in the Shire of Moira local government area in the Australian state of Victoria. The town is situated on the south bank of the Murray River, the border between Victoria and New South Wales, and is located approximately n ...

Magistrates' Court *

Beechworth Beechworth is a well-preserved historical town located in the north-east of Victoria, Australia, famous for its major growth during the gold rush days of the mid-1850s. At the , Beechworth had a population of 3,859. Beechworth's many histor ...

Magistrates' Court *

Warragul Warragul is a town in Victoria, Australia, south-east of Melbourne. Warragul lies between the Strzelecki Ranges to the south and the Mount Baw Baw Plateau of the Great Dividing Range to the north. As of the , the town had a population of 19,85 ...

Magistrates' Court *

Yarram The township of Yarram (formerly Yarram Yarram) is in Victoria, Australia, in the Shire of Wellington, located in the southeast of Gippsland. At the , the population of the town was . The town is the regional centre of a prosperous farming dist ...

Magistrates' Court *

Lakes Entrance Lakes Entrance is a seaside resort and fishing port in eastern Victoria, Australia. It is situated approximately east of Melbourne, near a managed, artificial channel connecting the Gippsland Lakes to Bass Strait. At the 2016 census, Lakes Ent ...

Magistrates' Court * Casterton Magistrates' Court *

Warracknabeal Warracknabeal ( ) is a wheatbelt town in the Australian state of Victoria. Situated on the banks of the Yarriambiack Creek, 330 km north-west of Melbourne, it is the business and services centre of the northern Wimmera and southern Mallee ...

Magistrates' Court * Bright Magistrates' Court *

Euroa Euroa is a town in the Shire of Strathbogie in the north-east of Victoria, Australia. At the 2016 census, Euroa's population was 3,275. The name Euroa comes from an Aboriginal word in the old local dialect meaning 'joyful'. History Majo ...

Magistrates' Court *

Leongatha Leongatha is a town in the foothills of the Strzelecki Ranges, South Gippsland Shire, Victoria, Australia, located south-east of Melbourne. At the , Leongatha had a population of 5,869. Canadian dairy company Saputo which trades in Australi ...

Magistrates' Court * Red Cliffs Magistrates' Court *

Cohuna Cohuna is a town situated north of Melbourne, on the Murray Valley Highway, in northern Victoria, Australia. At the , Cohuna had a population of 2,428. History A post office opened in the area on 18 September 1875, known as Mologa until 1876 ...

Magistrates' Court *

Traralgon Traralgon ( ) is a town located in the east of the Latrobe Valley in the Gippsland region of Victoria, Australia and the most populous city of the City of Latrobe. The urban population of Traralgon at the was 26,907. It is the largest and fastes ...

Magistrates' Court *

Nagambie Nagambie is a town in the Goulburn Valley region of Victoria, Australia. The city is on the Goulburn Valley Freeway north of Seymour and in the Shire of Strathbogie. As of , Nagambie had a population of 2,254. History The Nagambie Region is ...

Magistrates' Court * Moe Magistrates' Court

References

External links

Magistrates' Court of Victoria web siteNeighbourhood Justice Centre web site

Notes

{{DEFAULTSORT:Magistrates' Court Of Victoria Victoria (Australia) courts and tribunals