Practice Direction No. 3 of 2022 – COVID recovery currently applies to all types of matters in the Magistrates’ Court of Victoria. It overrides any other directions to the extent of any inconsistency.
In general, remote appearances by clients and practitioners are available, encouraged, and in some cases required. However, physical appearances are also possible, mainly by request, and in some cases required.
The practice direction sets out detailed special arrangements for all types of appearances, including:
- accused on bail or summons;
- bail applications and other hearings with the accused in custody;
- criminal mentions and applications;
- Specialist courts and programs;
- intervention orders – applications and hearings;
- civil hearings including oral examinations;
- counter services.
In some instances it is necessary for practitioners to email the court and request permission to make a physical appearance in a matter.
The By Lawyers commentaries in all publications involving the Magistrates’ Court have been updated with a link to the practice direction.
- Magistrates’ Court – Criminal
- Intervention Orders
- Traffic Offences
- Magistrates’ Court Civil – Act for the plaintiff
- Magistrates’ Court Civil – Act for the defendant
These COVID recovery arrangements under the practice direction continue indefinitely at this stage.