Practice notes are used to provide information to parties in proceedings in the Court and their lawyers on particular aspects of the Court’s practice and procedure.

What are practice notes in Law?

Practice notes are used to provide information to parties in proceedings in the Court and their lawyers on particular aspects of the Court’s practice and procedure.

What is the purpose of a practice note in the Supreme Court of victoria?

Practice Notes provide information about particular aspects of the Court’s practice, procedure and organisation. They sit alongside the Rules of Court to provide guidance in relation to the conduct of proceedings.

Which Court is murder heard in victoria?

The County Court is the principal trial court in Victoria. The Criminal Division has jurisdiction to hear all indictable offences except for treason, murder and related offences.

What types of cases are heard in the Supreme Court victoria?

It hears among the most serious criminal and civil cases in Victoria, including:

  • cases of treason, murder, attempted murder and other major criminal matters.
  • civil cases unlimited in the amount of money that may be claimed.
  • civil cases involving complex legal issues.

Are practice directions binding?

There are powers under the rules, as we have already indicated, to apply case management powers in particular cases but otherwise practice directions must, as it seems to us, be binding on the court to which they are directed.

Are practice directions legislation?

It is sufficient for present purposes to say that a practice direction has no legislative force. Practice directions provide invaluable guidance to matters of practice in the civil courts, but in so far as they contain statements of the law which are wrong they carry no authority at all.”

What is the lowest court in Victoria?

The Magistrates’ Court
The Magistrates’ Court deals with most legal disputes in Victoria. The court’s criminal jurisdiction hears ‘summary matters’ (less serious charges which are heard and decided by a magistrate), including traffic offences, minor assaults, property damage and offensive behaviour.

What is the lowest Victorian state court?

the Magistrates’ Court
Court hierarchy Each court and tribunal with Victoria’s Court System has jurisdiction or area of law and monetary limits that is heard in that court. The first level of the Victoria court system is the Magistrates’ Court followed by the County Court, then the Supreme Court.

What does the County Court do?

The County Court deals with civil (non-criminal) matters. Unlike criminal cases – in which the state prosecutes an individual – civil court cases arise where an individual or a business believes their rights have been infringed.

What crimes go to High Court?

The High Court has exclusive jurisdiction over serious crimes such as treason, murder, and rape and, in practice, deals with armed robbery, drug trafficking, and sexual offences involving children (over which it shares jurisdiction with the sheriff court).

What is the status of a practice direction?

The practice direction is statutory PDs are statutory. They may be part of a set of rules (as in CPR 1998); or they may be made on a free-standing basis by division heads (as explained later).

What are Practice Directions court?

Practice Directions set out the procedures to be followed when bringing preceedings before the courts. There are separate practice directions for each jurisdiction.

Are there other practice notes for the County Court Division?

There are a number of other practice notes which deal with specific and discrete areas of practice within the Division. They must be read in the context of this principal practice note. Aim of the County Court in civil litigation

How do I contact the county court of Victoria?

CITEC and General Enquiries [email protected] T: 03 8636 6888 Common Law Registry [email protected] T: 03 8636 6515 Melbourne Circuit Team [email protected] T: 03 8636 6404 Self-Represented Litigants [email protected] T: 03 8636 6508 Subpoenas [email protected]

What are Practice Notes and rules of court?

Practice Notes sit alongside the Rules of Court to provide guidance in relation to the conduct of proceedings. Practice Notes provide information about particular aspects of the Court’s practice, procedure and organisation.

What is the common law division practice note?

The Common Law Division (“the Division”) has been established by Order 34A of the County Court Civil Procedure Rules 2018 and the County Court Miscellaneous Rules 2009 (“the Rules”). This practice note is the principal practice note providing guidance to practitioners and parties in the conduct of proceedings commenced in the Common Law Division.