The Law Handbook 2024

13 1.2 An introduction to the courts NOTE The law in this chapter is current as at 1 September 2023. Introduction Our court system, like most other official systems, has a hierarchical structure. The High Court of Australia (which is the final court of appeal in Australia) is at the top of the structure. The Victorian Magistrates’ Court (which is the court most people are likely to come into contact with) is at the bottom. In between are the County Court of Victoria and the Supreme Court of Victoria. Then there are the Federal Circuit and Family Court of Australia and the Federal Court of Australia, which are both Commonwealth courts. For the overall structure of state and Common­ wealth courts, see the diagram on the next page. Tribunals are less formal forums for resolving disputes in specialised areas; they have become an important part of the Australian justice system and are discussed later in the chapter. NOTE: THE COURT SYSTEM AND COVID-19 The impact of the COVID-19 pandemic on the Victorian court system has been significant and has caused delays in the time taken to finalise many cases. In response to COVID-19, the development of online courts is moving quickly and the use of audio-visual links (AVL) by the courts has increased substantially. It is likely that some of the changes implemented in response to COVID-19 – including online courts and the greater use of AVL – will be adopted by the courts in some form as permanent changes. Victorian state courts Magistrates’ Court Magistrates’ Court: Overview The vast majority of legal problems are dealt with in the Magistrates’ Court. The types of matters the court can deal with are outlined in the Act of parliament that created the court: the Magistrates’ Court Act 1989 (Vic) (‘ MC Act ’). The court deals with civil, criminal, industrial and some family related matters. Many of the cases heard in the Magistrates’ Court involve minor infringements of the law. Few people plead ‘not guilty’ in the Magistrates’ Court. The Magistrates’ Court has a less formal atmosphere than higher courts. Wigs and gowns are not worn by barristers or magistrates. However, if you have a case before the court, wear a suit or smart clothing (e.g. a shirt and pants). This is important as it shows the magistrate you are taking the proceedings seriously. To gain the best possible result in your case, it is also important to show the court respect by addressing the magistrate as ‘Your Honour’. If you have any questions about your court matter, contact the particular Magistrates’ Court where your case is being heard, or the court nearest to where you live. Use the ‘Find a court’ tool at www.mcv.vic.gov.au to search for your nearest Magistrates’ Court and its contact details by postcode or suburb/town. For Magistrates’ Court contact details, see ‘Contacts’ at the end of this chapter. Magistrates’ Court: Specialist courts and divisions The Magistrates’ Court has seven specialist courts and divisions: • Koori Court; • Family Violence Division; • Drug Court; Contributors: Gregory Connellan, Magistrate, Magistrates’ Court of Victoria and Ben Lindner, Barrister