Public Record Office Victoria  
Home Contact Us Site Map
 
Agency VA 686
County Court
About this Agency Records Related Functions Related Agencies
Date Range: 1852 - cont
 
Description of this AgencyDescription of this Agency
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]
 
More Research resourcesMore Research resources
Record series created by this AgencyRecord series created by this Agency
Displaying 1 to 20 of 41  Go To First Page Of List Go To Previous Page Of List of 3 Go To Next Page Of List Go To Last Page Of List 
Display entries per page
Date Range Series Title Series Number Series Location Public Access
? 1869 - ? 1974 General Sessions / County Court Criminal Record Books, Melbourne VPRS 3158 North Melbourne Open
? 1902 - cont Criminal Presentments and Final Orders, Melbourne VPRS 17020 North Melbourne Part Open
? 1915 - ? 1919 County Court Judges Note Book, Insolvency Matters VPRS 16537 North Melbourne Open
? 1918 - ? 1919 Verdict Book, Civil Matters VPRS 16311 North Melbourne Open
? 1921 - ? 1925 General Sessions/County Court Appeal Record Book, Melbourne VPRS 16240 North Melbourne Open
? 1938 - ? 1996 County Court Miscellaneous Register, Melbourne VPRS 12632 North Melbourne Open
1859 - 1995 County Court Common Law Register, Sale VPRS 11643 North Melbourne Open
1862 - cont General Sessions/County Court Criminal Record Book, Sale VPRS 11627 North Melbourne Open
1865 - 1974 County Court Register VPRS 3159 North Melbourne Open
1869 - cont General Sessions/County Court Appeal Record Book, Sale VPRS 11628 North Melbourne Open
1880 - 1989 County Court Common Law (Civil) Register, Warragul VPRS 11694 North Melbourne Open
1887 - 1988 Court of General Sessions/County Court Verdict Book, Yarram VPRS 11711 North Melbourne Open
1890 - 1974 Court of General Sessions/County Court Criminal Record Book, Warragul VPRS 11696 North Melbourne Open
1891 - 1950 Register Of Criminal Convictions VPRS 161 Other Open
1891 - 1973 Court of General Sessions/County Court Index to Convictions, Warragul VPRS 11697 North Melbourne Open
1894 - 1966 Maintenance Orders VPRS 2555 Other Closed
1896 - 1977 General Sessions County Court Appeal Record Book, Warragul VPRS 11699 North Melbourne Open
1910 - 1988 County Court Common Law (Civil) Register, Yarram VPRS 11714 North Melbourne Open
1914 - 1921 Register Of Civil Orders VPRS 162 Other Open
1915 - 1992 Workers Compensation Agreements, Awards and Determinations (RETURNED TO AGENCY 2014) VPRS 10263 Other Part Open
Functions for which this Agency has or has had primary responsibilityFunctions for which this Agency has or has had primary responsibility
Display entries per page
Date of Responsibility Function Title Function Number
- 1938 Workers compensation arbitration VF 345
1992 - cont Workers compensation arbitration VF 345
Functions for which this Agency has or has had secondary responsibilityFunctions for which this Agency has or has had secondary responsibility
Display entries per page
Date of Responsibility Function Title Function Number
Superior AgenciesSuperior Agencies
Display entries per page
Date of Relationship Agency Title Agency Number
Subordinate AgenciesSubordinate Agencies
Display entries per page
Date of Relationship Agency Title Agency Number
Related AgenciesRelated Agencies
Display entries per page
Date of Relationship Agency Title Agency Number
Groups containing this AgencyGroups containing this Agency
Display entries per page
Date of Relationship Group Title Group Number
1852 - cont Courts VRG 4
More Help
Help On This Page

An agency is an administrative unit that has or has had responsibility for the provision of at least one aspect of government administration.

This page provides details about an agency, including a list of the record series it has created.

More about agency details pages

   
© Copyright 2005   Government of Victoria   Disclaimer    Accessibility   Privacy   Contact Us