Arc List Melbourne Magistrates Court
Akinlolu Bellotti
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.
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.
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]
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).
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.
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.
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Generally if a person does not agree with the decision that a court makes they can appeal to a higher court. Decisions made by judges in the more powerful courts have to be followed by all courts below them.
In civil matters, such as negligence claims, contract disputes and claims for repair and injury from car accidents, the Magistrates' Court can decide most disputes about money or property up to the value of $100,000 (in some cases the court can deal with unlimited value).
If a decision made in the Magistrates' Court is to be appealed, it usually goes to the County Court. The judge in the County Court can decide whether to agree with the magistrate's decision or make a different decision.
The Trial Division hears very serious criminal cases, like murder, and deals with large disputes over money and business. Claims for $200,000 and above in civil justice matters are heard in the Supreme Court.
The Neighbourhood Justice Centre (NJC) deals with a range of court and tribunal matters. It operates as a Magistrates' Court, Children's Court, Victorian Civil and Administrative Tribunal (VCAT) and Victims of Crime Assistance Tribunal (VOCAT). It is committed to resolving disputes by addressing the underlying causes of harmful behaviour and tackling social disadvantage.
The community justice centre is for people who live in the City of Yarra and have to attend court. Aboriginal and Torres Strait Islander people may have matters listed at the NJC if they have a strong connection with the area. The NJC can also hear matters for a homeless person if an offence was committed in the City of Yarra.
VCAT encourages parties to settle their disputes before the matter goes to a hearing, by attending mediation or a compulsory conference. Hearings and mediations take place in central Melbourne as well as in venues across metropolitan and regional Victoria.
The aim of the Courts and Prosecutions Services Division is to provide an independent and professional prosecution service to the community of Victoria. The division prosecutes judicial and coronial proceedings on behalf of Victoria Police.
If you have been charged with an indictable offence (noted on the charge and summons sheet), you must attend court. A warrant for your arrest may be issued if you don't attend court. This may prolong the court process.
Our service is designed to provide out-of-court discussions to identify issues and resolve them where possible. These discussions are conducted by a method suitable to the parties. It could be via phone, Microsoft Teams or email.
You are encouraged to contact the prosecutions unit relevant to the court you have been summonsed to attend at the earliest opportunity, preferably before the court date. See our list of prosecutions units in Victoria.
The Royal Commission recommended that SFVCs be established at 14 courts in total, and so far funding has been allocated for the first five court locations. Some of the remaining nine courts already have aspects of the specialist family violence model operating, such as specialist family violence staff.
The Steering Committee and Program Board actively monitor and manage risks, including considering the impacts of any changes to timeframes on other areas of the reform. This approach has enabled some beneficial actions in managing the implementation of these complex reforms, as shown by the following examples:
The Shepparton SFVC (shown at Figure 2B) commenced operation on 30 September 2019 and the Ballarat SFVC commenced operations in November 2019. As at October 2019, the Moorabbin court was forecast to be opened in March 2020 and Heidelberg and Frankston courts in November 2020. The Magistrates' Court advised that delays with opening these courts are a result of the delayed building program.
A trial offering remote hearings has also commenced, so that a victim can give their statement in a different and confidential location from the court where the judge and perpetrator are located. Remote hearings aim to reduce the risk of violence at court, minimise the trauma associated with face-to-face interactions and increase the choice available to victim survivors as to how they participate in the court process. In the first three months of the trial, which commenced in July 2019 at the headquarter court in Geelong, three out of four of all victims in self-initiated matters took up the option of a remote hearing.
If you have a matter in the Melbourne Magistrates Court, make sure you arrive at court well before the time your matter is listed to be heard. You should be neatly and conservatively dressed and you should come prepared to be at court for most of the day.
The Melbourne Magistrates Court has no dedicated court parking. There is usually ample parking around the streets surrounding the court building, however during business times parking can often be limited. There are various car park buildings nearby and access by train is easy via the Flagstaff station (just a half block down William Street). If you are attending court for traffic offences for which the court may impose a licence disqualification period, do not drive to court as you may not be permitted to drive home.
A court list is also displayed in glass frames in the foyer of the Melbourne Magistrates Court (just to the right wall before the elevators). You will be able to establish which court room and level your matter will be heard by looking at those screens, or by asking at the court registry (to the right of security). You should always still inform the court of your presence at the counter before heading into the court room. Intervention Order matters will ordinarily be heard on level 6 and you should make your appearance at the counter on this level. Criminal matters are ordinarily heard on level 3 and you should make your appearance at the counter on this level. The court registry can assist you with there to speak to Prosecution and where to obtain assistance from a duty lawyer.
While the Melbourne Magistrates Court generally deals with matters where the alleged offending conduct occurred in the CBD or inner suburbs of Melbourne or, usually only by request of the accused and upon the matter resolving as a plea of guilty, where the accused resides in the inner suburbs of Melbourne or in the CBD. There are also Magistrates Courts located in the eastern, northern and western suburbs.
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