Committal proceedings

If your filing hearing was or is being heard before 28 December 2025, the former committal process applies.

If your filing hearing was or is being heard on or after 28 December 2025, the new committal process applies.

Information regarding both processes can be found below.
 

Filing hearings heard before 28 December 2025
 

Filing hearing

This is the first hearing in the committal process and usually occurs within a short time of a charge being laid. At this hearing, the court will set a timetable for the exchange of information between the prosecution and defence. A committal mention date will be set at this hearing.

Committal mention

This is a preliminary hearing before the full committal hearing. Before a committal mention, the defence will receive a hand-up brief that will include copies of witness statements and exhibits. 

At a committal mention the magistrate may:

• order that the accused be committed to trial at the County Court or Supreme Court 
• determine whether any/all of the charges can be heard and finalised in the Magistrates’ Court
• determine whether the accused person will be granted permission to cross-examine witnesses that they have requested to attend a committal hearing and fix a date for that committal hearing
• hear and determine any issues between the defence lawyers and the prosecution in relation to providing evidence sought in advance of the committal hearing
• make any other order or direction that the court considers appropriate. 

Committal hearing

At a committal hearing, a magistrate will decide whether there is enough evidence to support a conviction for the offence/s charged.

The prosecution will call witnesses, where leave has been granted at the committal mention, for cross-examination by the defence. Other evidence will be tendered to the court in written form. See the witnesses page if you are summoned to a committal hearing to give evidence.

The defence may also call witnesses to give evidence and at the end of all the evidence, the defence may make a submission to the court in relation to the strength of the evidence.

If the magistrate decides there is evidence of sufficient weight upon which a jury could convict, the accused will be committed for the hearing of the charges in the County Court or Supreme Court.

If the magistrate decides there is not sufficient evidence, the accused may be discharged.
 

Committal proceedings process from 28 December 2025 
 

Committal proceedings are court hearings held in the Magistrates’ Court to manage the early stages of an indictable case, ensuring the matter is properly prepared before being transferred to the appropriate higher court for a trial or plea.

Filing hearing

This is the first hearing in the committal process and usually occurs within a short time of a charge being laid. At this hearing, the court will:

• set a timetable for the exchange of information between the prosecution and defence
• set a committal mention date.

Committal case conference

This is a mandatory, early hearing led by a magistrate for parties to:

• discuss and resolve issues
• negotiate outstanding disclosure of evidence
• narrow disputed matters.

It aims to promote early resolution and prepare the case effectively before being transferred to the higher court.

If both parties agree that it is not in the interest of justice to hold a committal case conference, they can apply to the court to dispense with the requirement.

Committal mention

This is a preliminary hearing before the full committal hearing. Before a committal mention, the defence will receive copies of the prosecution’s witness statements and evidence.

At a committal mention the magistrate will commit certain matters straight to the County or Supreme Court without proceeding to committal hearing. These include matters about:

• family violence
• sex offences
• stalking
• other serious offences to be determined by the Supreme Court. The magistrate can also:
• order that the accused person be committed to trial at the County Court or Supreme Court
• decide whether any or all the charges can be heard and finalised in the Magistrates’ Court
• in some cases, decide whether the defence will be granted permission to cross-examine witnesses that the prosecution has requested to attend a committal hearing
• in some cases, fix a date for the committal hearing
• hear and decide any issues about providing evidence ahead of the committal hearing
• make any other order or direction that the court considers appropriate.

Committal hearing

At a committal hearing, the prosecution will call witnesses for cross-examination by the defence, if permitted by the magistrate at the committal mention. The defence may also call witnesses to give evidence.

Visit the witnesses page for what to expect if you are summoned to a committal hearing to give evidence.

Other evidence will be tendered to the court in writing.

At the end of the committal hearing, the magistrate will commit the accused to have the charges heard in the County Court or Supreme Court.

Courts that hear committal proceedings

• Bairnsdale
• Ballarat
• Bendigo
• Geelong
• Horsham
• Latrobe Valley
• Melbourne
• Mildura
• Sale
• Seymour
• Shepparton
• Wangaratta
• Warrnambool
• Wodonga