A division of the Magistrates’ Court that generally deals with disputes between an employee and their employer or the Victorian WorkCover Authority.
Court can be a complex and costly process. You should seek legal advice before starting a civil matter. You can also speak to the other party to try and resolve the dispute.
Claims in the WorkCover Division are brought under the Accident Compensation Act 1985 and the Workers Compensation Act 1958. Claims may be made for physical injuries, psychological injuries and deaths.
All documentation filed in the Workcover Division should comply with the Magistrates’ Court General Civil Procedure Rules 2020 or the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020. The usual fees payable for matters in the civil jurisdiction also apply.
To start a claim in the WorkCover Division, see the starting a civil matter page. The same civil forms can be used, but you must state that the complaint is for the WorkCover Division at the top of every form. You can also use the WorkCover forms in the forms find section.
If you are defending a claim in the WorkCover Division, see the defending a civil matter page. Defended claims will be listed for a directions hearing where a judicial officer may:
- adjourn the matter for a further directions hearing
- refer the matter to a pre-hearing conference
- refer the matter to mediation
- refer the matter to the medical panel.
There is no jurisdictional limit within the WorkCover Division.
An adjournment may result in costs being awarded against the party who wishes to have the hearing adjourned.
This is not a full list of legislation associated with this topic. See the Victorian Government's legislation website for more information.