County Court of Victoria

From Wikipedia, the free encyclopedia

The County Court of Victoria is located in the legal precinct of Melbourne's central business district, on the corner of William Street, and Lonsdale Street opposite the Supreme Court and Melbourne Magistrates' Court.

The County Court of Victoria was established in 1852 by the "County Courts Act 1852". The court has jurisdiction in the State of Victoria, Australia. Its role has since changed significantly.

The current Chief Judge of the County Court is His Honour Chief Judge Michael Rozenes QC, a former Commonwealth Director of Public Prosecutions.

[edit] History

The Victorian County Court (which holds the same level of seniority as the District Courts in other states except Tasmania) was formed in 1852. It was modelled on the British County Courts which had been established in 1846. The Court's principal purpose was to handle small civil claims, and eventually this role evolved (with the partnering of the Court of General Sessions) into both civil and criminal jurisdiction in 1968. Since that time, the Court's jurisdiction has increased considerably.

[edit] Jurisdiction

The Jurisdiction of the County Court (in Victoria) extends to:

• All claims for personal injuries, irrespective of the amount claimed.
• Other personal actions where the amount claimed does not exceed $200,000. Claims of $100 000 or less are heard in the Magistrates' Court.
• Claims against municipal councils for loss or injury sustained while upon or using roads, land, buildings under the control of the council or 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.

The County Court also hear appeals from the Magistrates' Court regarding criminal cases (civil appeals from the Magistrates' Court being heard in the Supreme Court Appeals Division). All decisions of the County Court can be appealed in the Supreme Court Appeals Division.

[edit] Locations

The County Court has its headquarters on the corner of William and Lonsdale Streets in Melbourne. It also does circuits to the following locations:

• Bairnsdale
• Ballarat
• Bendigo
• Geelong
• Hamilton
• Horsham
• Mildura
• Morwell
• Sale
• Shepparton
• Wangaratta
• Warrnambool
• Wodonga

[edit] Fellow Courts

The other courts of the Victorian Legal System are the Magistrates' Court of Victoria and the Supreme Court of Victoria. The Supreme Court is the highest judicially in Victoria whilst the County Court is intermediate and the Magistrates' Court is the lowest. The court is low in the Australian court hierarchy. The law courts for the Commonwealth of Australia supersede the Supreme Court and all other regional courts in areas where their legislation is specified, such as the High Court's sole ability to interpret the Australian Constitution.

The County Court of Victoria is the last remaining 'County Court' (under that name) in Australia.

[edit] See also

• Australian court hierarchy