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The County Court is an intermediate Trial Court, its civil and criminal jurisdictions place it above the Magistrates' Court and below the Supreme Court in the Victorian courts hierarchy. The County Court can hear matters at first instance and in some circumstances on appeal.
Jurisdiction
Civil
The civil jurisdiction of the County Court covers the following:
All claims for personal injuries and other personal actions.
Claims against municipal councils for loss or injury sustained while upon or using roads,land, buildings, etc, under the control of the council or the municipality. |  | |
Actions where jurisdiction is specifically conferred on the County Court by a statute.
The list includes:
- the Administration and Probate Act
- the Adoption Act
- the Cluster Titles Act
- the Property Law Act
- the Settled Land Act
- the Strata Titles Act
- the Transfer of Land Act
- the Trustee Act
Criminal
The County Court has jurisdiction to hear all indictable offences except treason, murder and certain other murder related offences (s.36A County Court Act 1958). Subject to the power of the Supreme Court to order transfer of a matter from the Supreme Court to the County Court, the Director of Public Prosecutions has the initial decision whether to present a person for trial in the County or Supreme Court (s.353 Crimes Act). In practice, the great majority of offences save for treason or murder are heard in the County Court.
Appeals
Appeals go to the County Court from the Magistrates' Court under section 83 of the Magistrates' Court Act or Children's Court in respect of criminal and quasi-criminal matters. Appeals are also heard from the Family division of the Children's Court.
A decision of the County Court in its appellant jurisdiction is generally final. An exception occurs when the County Court substitutes a sentence of imprisonment for a non-custodial sentence. One can then, with the leave of the Supreme Court appeal against the sentence to the Court of Appeal.
Location
The County Court building is on tram and bus routes and close to Flagstaff city loop train station.
- 250 William Street, Melbourne, Victoria, 3000, Australia
- Circuit or Regional Courts are also located throughout Victoria.
County Court of Victoria
250 William Street, Melbourne, Victoria, Australia, 3000
Phone No: +61 3 8636 6510
URL: www.countycourt.vic.gov.au
Other: DX 290078 Melbourne
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