The Law Handbook 2024

Chapter 1.2: An introduction to the courts 17 For information about family violence and accessing support, see Chapter 4.4: Family violence. For information about Magistrates’ Court processes and support services for people who are experiencing or have experienced family violence, including the Orange Door hubs, go to the Magistrates’ Court’s website at www.mcv.vic.gov.au (go to ‘Family matters’, then select the relevant link). Magistrates’ Court: Civil matters The civil jurisdiction of the Magistrates’ Courts is set out in sections 4, 100 and 101 of the MC Act. The monetary limit for claims in the Magistrates’ Court is $100 000 for all matters, including personal injury. This limit is defined in section 3 of the MC Act. However, some of the other Acts that confer jurisdiction on the Magistrates’ Court permit magistrates to hear cases even where the amount of money involved exceeds $100 000. Common types of civil matters heard in the Magistrates’ Court include: • contractual disputes, including claims for ordinary debts; • negligence claims and other breaches of duty of care that cause another party to suffer injury or loss – these are known as torts (for more information about negligence, see Chapter 10.1: Negligence and injury); • claims for repairs or for injuries resulting from motor vehicle accidents; • claims for the return of goods illegally detained; • claims for damages resulting from assaults – note that magistrates sit as members of VOCAT (see Chapter 10.6: Assistance for victims of crime); • claims for taxes payable under any Act, including interest payable; • injunctions (court orders); • interests in land; • actions to enforce the payment of fines, penalties, forfeitures or other sums of money; • family law: – contested matters regarding children can only be heard by a magistrate on an interim basis, – where property is worth more than $20000, either party may ask that the matter be transferred to the Family Court (s 46 Family Law Act 1975 (Cth)); • cancellation of car sale contracts for non-compliance with forms (ss 45, 47 Motor Car Traders Act 1986 (Vic)); • eviction of tenants (pt 6 ss 509, 510 Residential Tenancies Act 1997 (Vic)); • orders to do with fences dividing property. The Magistrates’ Court does not have jurisdiction to hear the following matters: • where the amount sought to be recovered or the value of the subject matter is more than the jurisdictional limit, unless the parties consent in writing; • matters concerning the title to any property, the value of which at the time of commencing the proceeding is greater than the jurisdictional limit, unless the parties consent in writing; • matters brought by application for a prerogative writ, which are usually intended to challenge the decisions made by public officials; • matters brought upon a judgment previously granted by the Supreme Court or County Court. It is important to bring an action within the correct jurisdiction, because otherwise the court can strike out the matter and award costs against the person bringing the action (s 101(c) MC Act). The Magistrates’ Court does not have jurisdiction in a civil case unless expressly enacted by statute and any sum claimed is within the Magistrates’ Court limit. Under section 101, the court may amend the complaint to bring the proceeding within its juris­ diction, or stay the proceeding pending an application to transfer the proceeding to a higher court. The Magistrates’ Court encourages parties to resolve their civil disputes through mediation and has the power to refer parties to mediation (s 108 MC Act). Information about mediation is available on the Magistrates’ Court website (www.mcv.vic.gov.au; select ‘Civil matters’ then ‘Resolving a dispute’). For an overview of mediation, see ‘Mediation’ below. The Magistrates’ Court may also refer parties in a civil dispute to ‘early neutral evaluation’, where a magistrate provides the parties with a non-binding opinion on the likely outcome of their case at a court hearing. Information about early neutral evaluation is available on the Magistrates’ Court website (select ‘Civil matters’ then ‘Resolving a dispute’). Magistrates’ Court: Arbitration Arbitration is a more informal hearing of cases in the Magistrates’ Court. The court must determine disputes of less than $10000 by arbitration, subject