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Magistrates' Court of Victoria

May 04, 2024

Not to be confused with the Melbourne Magistrates' Court.

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

Magistrates' Court of Victoria
Logo of the Magistrates' Court (left),
Coat of Arms of Victoria (right)
Established1836
Jurisdiction Victoria
LocationHeadquartered in Melbourne,
with 51 venues across Victoria
Composition methodAppointed by Governor on the advice of the Executive Council
Authorized byMagistrates' Court Act 1989 (Vic)
Appeals to
Judge term lengthMandatory retirement by age 70
Websitewww.mcv.vic.gov.au
Chief Magistrate
CurrentlyJustice Lisa Hannan
Deputy Chief Magistrates
CurrentlyMs Felicity Broughton and
Ms Susan Wakeling

The court possesses original jurisdiction over summary offences and indictable offences heard summarily, as well as civil claims 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 also able to hear a limited number of appeals on questions of law.

Layout edit

A typical courtroom layout consists of a witness box, a public gallery, the bar table (at which the parties sit), a raised bench for seating the sitting magistrate and a clerk and sometimes a dock for housing defendants in custody. Many Victorian magistrates' courts have video link facilities for witnesses to appear via remote video conference rather than in person and is used for when witnesses cannot travel or the prisoner is unable to travel to court in person.

Cases edit

The Magistrates' Court of Victoria hears many different types of cases, such as:

  • warrant application hearings;
  • committal hearings and police prosecutions;
  • bail application hearings;
  • money claims and other civil disputes, not exceeding $100,000;
  • family law and Family violence matters;

Magistrates are appointed by the Attorney General after receiving expressions of interest[1] from Australian lawyers[2] 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.[3]

History edit

Although the current court was established by the Magistrates' Court Act 1989 (Victoria), 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 JP was the first Chairman of the City Court Bench. The then Prime Minister, Alfred Deakin, presented Blashki with an illuminated address signed by 30 of the court's solicitors when he retired, aged 70.[4]

Police magistrates were able to sit in on Petty Court sessions, but generally two or three Justice of the Peace 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 edit

On 29 May 2000, a Deed of Apology was signed for the treatment of Aboriginal peoples, which tied in with National Sorry Day 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.[5]

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[6] and also in the Melbourne newspapers, resulting in the extraordinary vote.

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

Courthouses edit

Metropolitan locations edit

Country locations edit

Closed metropolitan locations edit

  • 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
  • Preston Magistrates' Court, Preston
  • Coburg Magistrates' Court, Coburg

Closed country locations edit

Notes edit

  1. ^ On questions of law

References edit

  1. ^ "Court appointments". www.courts.vic.gov.au. Court Services Victoria. Retrieved 10 September 2015.
  2. ^ "Magistrates' Court Act 1989 (Part 7)" (PDF). www.legislation.vic.gov.au. Victorian Government. Retrieved 10 September 2015.
  3. ^ Victims of Crime Assistance Tribunal – Victims of Crime Assistance Tribunal
  4. ^ Phillip Blashki, A Victorian Patriarch, Gael.R. Haammer 1986. ISBN 0-9589451-0-1
  5. ^ Walking Together website
  6. ^ O'Brien, Kerry (31 October 2000). "Magistrates' mutiny bring down Victorian chief". 7:30 Report. ABC.

External links edit

  • Magistrates' Court of Victoria web site
  • Neighbourhood Justice Centre web site


May 04, 2024
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Not to be confused with the Melbourne Magistrates Court The Magistrates Court of Victoria is the lowest court in the Australian state of Victoria Magistrates Court of VictoriaLogo of the Magistrates Court left Coat of Arms of Victoria right Melbourne Magistrates Court buildingEstablished1836Jurisdiction VictoriaLocationHeadquartered in Melbourne with 51 venues across VictoriaComposition methodAppointed by Governor on the advice of the Executive CouncilAuthorized byMagistrates Court Act 1989 Vic Appeals toCounty Court of Victoria Supreme Court of Victoria a Judge term lengthMandatory retirement by age 70Websitewww wbr mcv wbr vic wbr gov wbr auChief MagistrateCurrentlyJustice Lisa HannanDeputy Chief MagistratesCurrentlyMs Felicity Broughton and Ms Susan Wakeling The court possesses original jurisdiction over summary offences and indictable offences heard summarily as well as civil claims 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 also able to hear a limited number of appeals on questions of law Contents 1 Layout 2 Cases 3 History 3 1 Recent history 4 Courthouses 4 1 Metropolitan locations 4 2 Country locations 4 3 Closed metropolitan locations 4 4 Closed country locations 5 Notes 6 References 7 External linksLayout editA typical courtroom layout consists of a witness box a public gallery the bar table at which the parties sit a raised bench for seating the sitting magistrate and a clerk and sometimes a dock for housing defendants in custody Many Victorian magistrates courts have video link facilities for witnesses to appear via remote video conference rather than in person and is used for when witnesses cannot travel or the prisoner is unable to travel to court in person Cases editThe Magistrates Court of Victoria hears many different types of cases such as warrant application hearings committal hearings and police prosecutions bail application hearings money claims and other civil disputes not exceeding 100 000 family law and Family violence matters Magistrates are appointed by the Attorney General after receiving expressions of interest 1 from Australian lawyers 2 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 3 History editAlthough the current court was established by the Magistrates Court Act 1989 Victoria 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 JP was the first Chairman of the City Court Bench The then Prime Minister Alfred Deakin presented Blashki with an illuminated address signed by 30 of the court s solicitors when he retired aged 70 4 Police magistrates were able to sit in on Petty Court sessions but generally two or three Justice of the Peace 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 edit On 29 May 2000 a Deed of Apology was signed for the treatment of Aboriginal peoples which tied in with National Sorry Day 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 5 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 6 and also in the Melbourne newspapers resulting in the extraordinary vote The Chief Magistrate is currently Justice Lisa Hannan The Chief Executive Officer is Andrew Tenni The Principal Registrar is Simone Shields Courthouses editMetropolitan locations edit Melbourne Magistrates Court Melbourne Broadmeadows Magistrates Court Broadmeadows Dandenong Magistrates Court Dandenong Frankston Magistrates Court Frankston Heidelberg Magistrates Court Heidelberg Moorabbin Justice Centre Highett Neighbourhood Justice Centre Collingwood Ringwood Magistrates Court Ringwood Sunshine Magistrates Court Sunshine Werribee Magistrates Court Werribee Country locations edit Ararat Bacchus Marsh Bairnsdale Ballarat Benalla Bendigo Castlemaine Cobram Colac Corryong Dromana Echuca Edenhope Geelong Hamilton Hopetoun Horsham Kerang Korumburra Kyneton Latrobe Valley Morwell Mansfield Maryborough Mildura Myrtleford Nhill Omeo Orbost Ouyen Portland Robinvale Sale Seymour Shepparton St Arnaud Stawell Swan Hill Wangaratta Warrnambool Wodonga Wonthaggi Closed metropolitan locations edit 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 Preston Magistrates Court Preston Coburg Magistrates Court Coburg Closed country locations edit Kilmore Magistrates Court Alexandra Magistrates Court Yarrawonga Magistrates Court Beechworth Magistrates Court Warragul Magistrates Court Yarram Magistrates Court Lakes Entrance Magistrates Court Casterton Magistrates Court Warracknabeal Magistrates Court Bright Magistrates Court Euroa Magistrates Court Leongatha Magistrates Court Red Cliffs Magistrates Court Cohuna Magistrates Court Traralgon Magistrates Court Nagambie Magistrates Court Moe Magistrates CourtNotes edit On questions of lawReferences edit Court appointments www courts vic gov au Court Services Victoria Retrieved 10 September 2015 Magistrates Court Act 1989 Part 7 PDF www legislation vic gov au Victorian Government Retrieved 10 September 2015 Victims of Crime Assistance Tribunal Victims of Crime Assistance Tribunal Phillip Blashki A Victorian Patriarch Gael R Haammer 1986 ISBN 0 9589451 0 1 Walking Together website O Brien Kerry 31 October 2000 Magistrates mutiny bring down Victorian chief 7 30 Report ABC External links editMagistrates Court of Victoria web site Neighbourhood Justice Centre web site Retrieved from https en wikipedia org w index php title Magistrates 27 Court of Victoria amp oldid 1210774176, wikipedia, wiki, book, books, library,

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