County Court Victoria

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Procedure FAQ's

What are the costs associated with County Court proceedings?
Costs and Fees

What time is the Registry counter open for service?
Between 9am and 4pm, Monday to Friday (excl. Public Holidays).

What is the jurisdictional limit of the County Court?
The Court has unlimited jurisdiction.

What documents are required to issue Originating Process in the County Court?
3 copies of the Writ (with the Statement of Claim attached) or the Originating Motion, a completed "Request to Enter List" signed personally by the Solicitor responsible for the running of the matter and a cheque. The matter will be entered by Registry into the List and Division thereof nominated by the Solicitor. Solicitors should take care to choose the correct list. We do not accept personal cheques from clients.

How do you determine which list a matter is entered into?
Check County Court Rules 34A.03 - 7. It shows which matters are entered into each List and Division thereof. The Lists and Divisions are:

Business - which has Commercial(business transactions), Building & Miscellaneous(those not categorised elsewhere) Divisions;
Damages - which has General (Common Law injuries etc), Defamation, Medical, Applications and Serious Injury Divisions; and
Workcover.

What documents are required to enter a default judgment?
3 copies of the default judgment. Form 60G is used for Debts, Form 60J for Damages and Form 60H for property. If the judgment is in default of appearance, an affidavit of service is required with a sealed copy of the writ attached and a Search for an appearance form. If the judgment is in default of defence, an affidavit in support is required stating that no defence has been served. For the current fee see attached schedule of fees.

How do I have an order authenticated?
Lodge a completed Order at the Registry (Form 60C), in triplicate. A staff member will check the order. If it is correct they will authenticate it and return it to your office.

Is there a fee to issue an amended writ, and do you have to serve a copy on the defendant/s?
There is no fee. However, it should be endorsed appropriately. A copy of the amended writ must be served on the defendant/s once it has been sealed by the Court.

Can forms be printed from the County Court website?
Yes, via Court forms

When and how can amended documents be filed?
Under Order 36.03:

(a)

(b)

Is there a fee payable for transferring a matter from the Magistrates’ Court to the County Court?
Yes, you pay the difference between the fee to issue a Complaint in the Magistrates' Court and the fee to issue a Writ in the County Court. The fee is payable when the application is transferred.

What documents are required to lodge an ex-parte application?
A copy of the order required to be made (General form of order, Form 60C) in triplicate, an affidavit in support and the filing fee. The order should follow the precedent for the particular order sought. The documents are forwarded to a County Court judge. If he/she is not satisfied they will be returned and the applicant requested to make the appropriate changes.

Do I file exhibits with an affidavit?
No. Exhibits are only accepted for Practice Court and Damages List - Medical Division applications or at any other time where ordered by a Judge. Otherwise, exhibits should not be filed with the Registry and are to be handed up in Court at trial.

Do Solicitors have to appear in Orders for Oral Examination before the Registrar or Deputy Registrar at the County Court?
Yes, or brief a Barrister. They have to ask all the questions, unlike in the Magistrates Court where the Court Registrar asks the questions.

How many times can a Summons in the Practice Court or an Order for Oral Examination be extended, and for how long?
Once, provided it is on or before the hearing date, for 2 to 3 months.

When is a Court Book required?
A court book is required in every proceeding that goes for trial, unless the court otherwise orders (Order 34A.27). They are handed up in Court on the trial date. Practitioners are invited to refer to the "Court Book Practice Note", dated the 6th February 1997 (paragraph [13,165] of Vol 3 of Williams – Civil Procedure) for further details.

What does the Court require to advise that a matter set down for a Directions Hearing or a Trial has settled?
It is the responsibility of each practitioner to advise the court in writing in the event that an action has settled. Such written advice should clarify the precise orders that are required in order to give effect to that settlement. A notice of discontinuance signed by all parties should subsequently be filed.

When can Order 59.06 be used?
It can be used to give a judgment or make an order provided all parties agree upon the terms of the judgment or order, all parties are legally represented, and the judgment or order is of a kind described in Rule 59.06 (7) eg setting aside judgment, dismissal of proceeding, and that the subject matter is a debt, damages or property. A party must file with the Court a Form 60 C (order) in triplicate which states the terms of the judgment, and a copy of the order signed by the Solicitors on the record.

Who books and pays for interpreters, when required, in relation to criminal matters?
The Office of Public Prosecutions (O.P.P.)

Who books and pays for interpreters, when required, in relation to civil matters?
The onus is on the solicitors to arrange.

Does the Asset Confiscation Office have to pay fees in Civil matters?
Any applications under the Confiscation Act are civil in nature but s.133 states that the civil rules do not apply. Therefore they do not have to pay fees to issue proceedings under this Act or pay other civil fees such as setting down fees.

What is the best way to determine whether a document has been filed or a hearing or Jury fee has been paid?
Court Connect

County Court
250 William Street, Melbourne VICTORIA 3000 (DX 290078 Melbourne)
Phone No: +61 3 8636 6510