County Court

Full description

The County Court of Victoria exercises civil and criminal jurisdictions. It also sits as an Appeal Court on appeals from the Magistrates' Courts and the Children's Court.

A system of local County Courts was established in 1852 by Act 16 Victoria, No 11. The courts assumed the functions of the Courts of Request, which had operated in the period prior to separation from New South Wales. The act provided for courts - known as County Courts - to be established throughout the colony, with the power to hear civil matters where the amount of the claim did not exceed 50. The courts could hear matters exceeding this amount if both parties consented by written agreement, filed with the Registrar of the court, to give the court jurisdiction to hear the matter. The jurisdiction and organisation of the County Court has changed considerably over time. The jurisdictional monetary limit for civil claims, for example, is now unlimited in personal injury claims and $200,000 in other matters. In 1968 the County Court assumed the criminal jurisdiction previously exercised by the Court of General Sessions (refer VA 4204). This conferred power to hear criminal matters other than treason, murder, and certain murder-related matters.

In 1957, legislative provision was made for the system of local county courts to be abolished, and replaced with one county court, in and for the State of Victoria. When this change took effect in practice and what it involved is subject to further research. Whatever the case, County Court sittings continued to be held in various centres throughout the State.

Jurisdiction of the County Court as at September 2000:

Civil:

At time of writing the County Court describes its civil jurisdictional limit as covering:

All claims for personal injuries, irrespective of the amount claimed.

Other personal actions where the amount claimed does not exceed $200,000 (unless the parties consent in writing to exceeding that limit and which are not excluded from the County Court by the County Court Act or any other Act. If more than $200,000 is awarded, the plaintiff is entitled to recover the full amount.

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.

['Jurisdiction of the County Court of Victoria', County Court of Victoria Internet site, September 2000]

Criminal:

At time of writing, the County Court describes its criminal jurisdiction to cover:

all indictable offences except treason, murder and certain other murder-related offences . 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 to present a person for trial in the County or Supreme Court . In practice, the great majority of offences save for treason or murder are heard in the County Court.

['Jurisdiction of the County Court of Victoria', County Court of Victoria Internet site, September 2000]


Appeals:

At time of writing, the County Court describes the appeals process as follows:

Appeals go to the County Court from the Magistrates' Court under section 83 of the Magistrates' Court Act or the 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.

['Jurisdiction of the County Court of Victoria', County Court of Victoria Internet site, September 2000]