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Procedural Information

The Magistrates' Court of Victoria has jurisdiction to deal with debt recovery claims and damages claims up to the value of $100,000.  The Court also has jurisdiction to provide equitable relief where the value of the relief sought is up to $100,000.

 

Before You Issue a Complaint

Before issuing a complaint in the Magistrates' Court you may consider attempting to resolve the dispute directly with the other party.  An amicable settlement will save you considerable cost and time.

The Dispute Resolution Centre offers a mediation service for disputes as an alternative to the court process.  Further information is available via the weblink panel on the right.

 

Commencing Legal Action

If you are unable to settle your claim via alternative dispute resolution options, you may wish to pursue your claim with the Court.  Before undertaking legal action in relation to civil claims it is recommended that you obtain legal advice from a solicitor.

Legal action to recover money is commenced by filing a Complaint document with the Magistrates’ Court.  The person commencing legal action is called the Plaintiff.  The person the action is filed against is called the Defendant.

The following information is required to complete a complaint:

1. The Defendant's details.  This includes the name and current address of the Defendant.  You must ensure the defendant is correctly described.  If the defendant is a company, the correct company name and its registered address are required.  If the defendant operates as a business you should identify the proprietor of the business and indicate that they are trading under a particular business name.
   
   
2. Cause of Action. This is a factual description of why the money is owed to you.  The Cause of Action must describe:
   • When the debt arose;
   • Where the debt arose; and,
   • A brief description of the event(s) that demonstrate why the money is owed.  For example, you may have unpaid invoices for a motor vehicle collision.  In this case, a copy of an itemised quotation would be required to be supplied.

 

Lodging a Complaint

Complaints must be lodged with the Court nearest to where the cause of action arose or where the defendant resides.  Only the original complaint needs to be filed with the court, while a copy of the complaint is required to be served on the defendant.  When the complaint is lodged, you will be issued with a cover sheet setting out the Court Reference Number and date of filing.  These details must be entered onto the copy complaint along with two notices of defence that must also be attached.

 

Filing Fees

The Magistrates' Court Civil Procedure Rules 1999 set out the procedures that must be followed and fees that must be paid when lodging a civil complaint.  The Registrar of the Court can advise you on the appropriate fee.  The amount of the filing fee and service fee can be included as part of the statement of claim.  The current Civil Court Fees Scale can be downloaded from the panel on the right.

 

Service of a Complaint

Once a complaint has been filed and issued by the Court, a copy must be served on the defendant within 12 months of its issue. If the complaint is unable to be served the complaint within 12 months, you may apply to the Court for the time for service to be extended. This application must be made prior to the expiration of the initial 12 month period.

Any person can serve the complaint, however specific requirements apply for service depending on whether the defendant is an individual or a company. It is recommended that you obtain the services of a Process Server who will ensure the complaint is served in the correct manner. Alternatively you may enquire about service requirements at the time of lodging the complaint.

Once served, the defendant has 21 days to lodge a notice of defence with the Court and yourself or your solicitor. No action can be taken during this 21 day period.

 

Affidavit of Service

After the complaint has been served on the defendant, it is necessary to provide the Court with information on how and when the document was served. This is called an Affidavit of Service. The Affidavit of Service must include:

• The date and place the complaint was served;
• The method of service;
• The signature of the person who served the complaint; and,
• The signature of an authorised person who received (witnessed) the affidavit. You will find a list of people authorised to receive affidavits in the related pages panel on the right of this page.

 

For information on Lodging a Counterclaim, Obtaining Judgement, Registration of Interstate Judgements, Pre-Hearing Conferences and Mediation please go to the related pages panel to the right of this page and click on the relevant link.  Information on current Penalty Interest Rates can also be found via this panel.