Industrial Division

The Industrial Division of the Magistrates’ Court deals with claims brought under the Fair Work Act 2009 for disputes by an employee against an employer (excluding workplace injury). These claims are generally in relation to matters such as entitlements under a contract of employment, an award or Australian Workplace Agreement. Proceedings may also be brought under the Long Service Leave Act 1992, the Public Holidays Act 1993, the Outworkers (Improved Protection) Act 2003, the Occupational Health and Safety Ace 2004 or the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015.


Examples of entitlements that might be claimed are; wages, annual leave and long service leave. Industrial Division matters do not include claims relating to unfair dismissal or superannuation.

The Industrial Division of the Magistrates’ Court only sits at Melbourne Magistrates’ Court.

Claims up to $20,000 are filed within the Small Claims section of the Industrial Division and use specific forms that are only relevant to the Industrial Small Claims jurisdiction. Please refer to the Industrial Division - Small Claims Forms section on this website.

Claims over $20,000 and up to $100,000 do not fall under the Small Claims section, for all matters over $20, 000 use the civil forms in accordance with the Magistrates’ Court General Civil Procedure Rules 2010.

The first page of all Industrial Division Court documents are to be endorsed with the words ‘In the Magistrates’ Court of Victoria at Melbourne Industrial Division’ at the top left hand side. Please refer to the Industrial Division – General Forms section of this website.

Fees

The usual fees payable on matters in the civil jurisdiction apply to all Industrial Division matters. See Costs and Fees Ready Reckoner under Related Publications.

Industrial Division Procedure

INDUSTRIAL DIVISION SMALL CLAIM 
Claim amount: Up to $20,000

GENERAL INDUSTRIAL DIVISION CLAIM
Claim amount: Exceeding $20,000

Once a Small Claim Form is successfully filed by the Plaintiff, the Court will provide a court reference number which needs to be endorsed on any documents relating to your matter. This case number also needs to be endorsed on your copy of the Small Claim Form that is to be served on the Defendant.

Once a Form 5A Complaint is successfully filed by the Plaintiff, the Court will provide a court reference number which needs to be endorsed on any documents relating to your matter. This case number also needs to be endorsed on your copy of the Form 5A Complaint that is to be served on the Defendant.

Once the Defendant has been served with a Small Claim Form, they have 21 days to file a Response to defend the claim. If no Response Form is filed within that time, the Plaintiff may apply to the Court for an Order in Default of Response. There is a filing fee applicable for this application (please refer to the Costs and Fees Ready Reckoner) and the following forms will need to be filed with the Court:
*Affidavit of Service
*Affidavit of Verification
*Form 4A Overarching Obligations Certification
*Form 4B Proper Basis Certification
*Application for Order in Default of Response
*ASIC or Business Name search to confirm registered office of a company 

Once the Defendant has been served with a Form 5A Complaint, they have 21 days to file a Form 8A Defence to defend the claim. If no Defence is filed within that time, the Plaintiff may apply to the Court for an Order in Default of Default. There is a filing fee applicable for this application (please refer to the Costs and Fees Ready Reckoner) and the following forms will need to be filed with the Court:
*Form 6A Affidavit of Service
*Affidavit of Verification
*Form 4A Overarching Obligations Certification
*Form 4B Proper Basis Certification
*Form 21A Application for Order in Default of Defence

If a Response is filed within 21 days, or prior to a default order being made, the matter will be set down for a Directions Hearing before a Magistrate. A tentative Prehearing Conference will also be booked for the same date to assist parties in settlement negotiations.

If a Defence is filed within 21 days or prior to a default order being made, the matter will be set down for a Directions Hearing before a Magistrate in approximately 3 weeks.

If the matter cannot be settled at the Directions Hearing or Prehearing Conference, the Magistrate may adjourn the matter for a  Prehearing Conference before a Registrar, a further Directions Hearing or a Contested Hearing before a Magistrate.

If the matter cannot be settled at the Directions Hearing, the Magistrate may adjourn the matter for a Mediation with a Judicial Registrar, a further Directions Hearing or a Contested Hearing before a Magistrate.

Industrial Division claims over $20,000 must comply with procedures set down in the Magistrates’ Court General Civil Procedure Rules 2010. 

Click here to download a printable guide to the Small Claims Industrial Division.

Contact

Industrial Division
Melbourne Magistrates’ Court
GPO Box 882
Melbourne VIC 3000
Ph: 9628 7704   Fax: 9628 7826
E: mmcworkcoverindustrialcourts@justice.vic.gov.au

Area of Legislation: 

Contacts

Contact the Magistrates' Court where your matter is listed or your nearest court. 
Contact details for all Victorian Magistrates' Courts are available under Contact Us

Email: help@magistratescourt.vic.gov.au