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Your questions answered during COVID-19

You may have received a letter in the mail earlier this year with your next court date.

You SHOULD NOT attend court on the date listed in that letter. 

The information contained on this page updates the advice in that letter. You must, however, contact the court after reading the below information.
 

If you received a letter titled INFORMATION REGARDING YOUR MAGISTRATES’ COURT INFRINGEMENT RELATED CASE click here.

 

Information for people coming to court

Is my local court open?

Yes, all Magistrates’ Courts remain open

However, due to COVID-19, all attendances at a court building must be by prior arrangement (except for media and urgent family violence applications).

If you must attend court, please contact your local court and a registrar will assess your circumstances and allocate a time for your attendance.

I was due to appear in court this week – do I have to turn up?

In most cases, no.

Only urgent and priority hearings are proceeding and most of these cases are being heard via the Online Magistrates’ Court.

If your matter is not listed in the Online Magistrates’ Court, it will be adjourned.

You should receive a letter and/or text from the MCV regarding your upcoming hearing. If you are not contacted, you can use the Find a court date function on our website. Check the website regularly.

If you are on bail, your bail will be extended without the need for you to appear. 

If you need legal assistance you can contact Victoria Legal Aid on 1300 792 387.

I’m on bail – will I be arrested if I don’t turn up to court?

Not if you have received a communication from the court or your lawyer has told you your case is being adjourned.

In these cases, your bail will be extended without you coming to court.

If you are unsure contact the court where you were bailed to attend.

How will I be notified of the new court date and when?

If you are represented by a lawyer, the court will give them your new hearing date.

If you don’t have a lawyer you should receive a letter and/or text from the MCV regarding your upcoming hearing.

If you are not contacted, you can use the Find a court date function on our website. Check the website regularly.

I want to bring a person to support me in court – is that OK?

No one without urgent business before the court is allowed to enter our buildings as we try to protect our staff and other court users from COVID-19.

Please contact your local court to discuss whether a support person may accompany you in your particular circumstances.

I need to attend the court to list a licence eligibility order. Is there a way to do this online?

Please contact VicRoads to check whether you need to go to court. Many of these matters are now dealt with by VicRoads. If VicRoads cannot assist you, contact your local court

I’ve been charged with a driving offence – do I have to attend?

Most driving offences are summary stream matters and those will be adjourned to a future date. Your matter will be heard via the Online Magistrates' Court but you will be advised of the new date in the coming months. 

If you are in any doubt you should speak to your lawyer or contact the court where your case is listed.

Is judicial monitoring continuing?

Where possible, telephone contact is being utilised to make sure that magistrates can continue monitoring. Contact your court to discuss your individual circumstances.

Can I still be referred to CISP for bail support?

Yes. You can still be referred to the CISP program if you are in custody or on bail.

What services are CISP providing?

CISP is currently providing case management and referrals to services via telephone.

Community service providers will also provide support to clients via telephone.

This is different to our standard in-person services and may mean that in some cases access to services is limited.

I am on the CISP/ARC program – do I still need to participate?

Yes. It is important you keep in contact with your case manager by telephone.

I am on the CISP/ARC program – do I need to attend court to see my case manager?

No. You do not need to attend court to see your case manager but you must keep in contact with your case manager by telephone.

I am on the CISP/ARC program – how can I contact my case manager?

Please contact your case manager via your local courthouse. Contact details can be found here.

I have been the victim of a crime – can I get urgent financial assistance?

You can apply for financial assistance online by clicking Apply Online.

You can also download an Application for Financial Assistance Form from the Tribunal’s website and file it with your local Magistrates’ Court.  

Prior to finalising a claim, the Tribunal can consider the payment of urgent interim expenses such as medical, counselling and safety-related expenses.

An application for urgent expenses should be made in writing to the Tribunal setting out the reasons for the interim expense and enclosing receipts, tax invoices and other documentation in support of the expenses claimed.

I have been the victim of a crime – I have already lodged a claim for financial assistance. What’s happening to it?

The Tribunal will continue to process applications from victims of crime at all courts across Victoria however, the changes to the way we operate may mean that some processes take longer than usual.

The Tribunal will continue to review files and correspondence to progress applications and urgent matters will be a priority. Please contact the Tribunal by email to obtain updates to your application.

I have been the victim of a crime – what kind of documents do I need to file in support of a claim and what's the best way for me to file them?

The Tribunal requests that the applicant and/or solicitor file a completed Statement of Claim form and supportive documents within three months of filing an application. Further time can be allowed if needed.

The Tribunal will usually obtain information from Victoria Police regarding the incident and will seek material from the applicant and/or solicitor in support of the types of expenses sought, such as invoices, receipts and quotes. Further information such as medical or psychological reports may also be required.

Where possible please file material with the Tribunal by email.

I have been the victim of a crime – how long will it take for me to receive my award once an order is made?

Given the large volume, it can take up to six weeks from the time an award of financial assistance is made and award notices are sent, to the time your payment is received. Providing the Tribunal with your direct bank deposit details will enable faster payment so please ensure your EFT details are included on all award requests.

The Tribunal can process urgent expenses more quickly when bank deposit information is provided.

 

 

Information for people with a family violence or personal safety matter

Do I need to attend my local court in-person for my hearing?

You do not need to attend your local court to have your matter heard.

The court will hear most family violence intervention order (FVIO) applications and hearings in the Online Magistrates’ Court and on the papers.

This means you can participate in court hearings via your phone, laptop or tablet. You will need an email address to participate in the online court.

Please make sure that your contact details are up to date – you can update your details by completing the notice of address form or via email or phone.

Will legal advice still be available?

Yes.

You are encouraged to get legal advice before your court hearing date. Victoria Legal Aid, Community Legal Centres, Victorian Aboriginal Legal Service and Djirra Legal Services may be able to provide some free legal advice, or you can contact a private lawyer in your area.

The court can also refer court users to Victoria Legal Aid and/or Community Legal Centres for free legal advice if requested on the notice of address form or by email or phone.

How can I apply for a Family Violence Intervention Order?

You can apply for a Family Violence Intervention Order (FVIO) online. Once the court receives your application, the family violence registrar will call you to explain the next steps.

If it is not safe for you to complete your application online, call the court to discuss your options.

You are permitted to travel more than 5km from your home if you need to attend a court to apply for an FVIO.

How can I vary, extend or revoke a FVIO?

You can access forms to vary, extend or revoke a family violence intervention order on our website.

If you cannot complete the form electronically, you can call the court to discuss your options.

If your application is urgent and you feel unsafe, you can call 000 and police can make the application for you.

If my matter is being hear in-person at my local court, can I bring a support person or my children?

While coronavirus restrictions are in place, the court will be taking steps to operate in a COVID-safe way, which includes minimising the number of people that are physically at court.

If you must attend your local court for your hearing and would like to bring a support person, please call the court to discuss the matter.

Most matters can be heard in the Online Magistrates’ Court or on the papers, which means you can participate in your hearing via phone, laptop or tablet. You will need an email address to participate in the online court.

How can urgent requests be made?

Call 000 if you are in immediate danger.    

You can make your application online, or you can apply for an FVIO at your local court if that is the safest option. The court will give priority to urgent, high risk family violence matters.

If you have a family violence or personal safety intervention order, and your circumstances have changed since the last hearing, please contact the court to discuss your options.

Can Victoria Police still make FVIO applications?

Yes. FVIO applications made by Victoria Police will still be heard by the court.

Am I able to speak with a family violence practitioner?

Yes. The court will still make referrals to family violence practitioners. The practitioner may call you once they have received the referral.

Are contested hearings going ahead?

Contested matters will be given a hearing date with high risk matters prioritised. Wherever possible, contested matters will be heard in the Online Magistrates’ Court.

Will the respondent still need to attend the court-mandated counselling order program?

Yes. But changes have been made to the program due to restrictions. Call your service provider or practitioner for information about changes to your program.

How do I find out when my hearing is going ahead?

Contact the nearest court by phone or email.

What does it mean if a case is adjourned?

If a case is adjourned, it means it will be heard by a magistrate at a later date.

Interim family violence orders will remain in place to protect affected family members until a final order is made.

The court will recommence hearing adjourned matters. You need to contact the court by filing the notice of address form, or via email or phone. The court will use the information in this form to contact you with a new hearing date.

If you do not contact the court, the court may finalise the matter in your absence.

Will I still have access to interpreter services?

Yes. But changes have been made to the program due to restrictions. Call your service provider or practitioner for information about changes to your proYes. The court can arrange interpreters. Interpreters will be available by phone and video. For information on interpreter and other accessibility services, visit the interpreters page.grams.

 

 

Information for lawyers

I’m a lawyer - do I have to go to court to seek an adjournment for my client?

No, please don’t enter our buildings unless absolutely necessary.

In a wide range of matters, lawyers do not have to attend a courthouse to seek an adjournment. Please see our practice directions on our website.

Advice as to the actual rescheduled date will be provided later.

Please use EFAS or email the registry if you need to contact us. 

I’m a lawyer appearing in a civil matter – should I attend court?

No, unless directed otherwise, no practitioners or parties are to attend court.

The court will not accept complaints issued over the counter until further notice.

All parties are encouraged to resolve matters by consent. Urgent applications should be emailed to the court.

I’m a lawyer with a query about a non-urgent matter on a future date – can you help me now?

If it is not an urgent query, please ask us a bit closer to the hearing date.

Our focus now is on managing the court matters that cannot be adjourned. We are rotating our staff to reduce their in-person contact with stakeholders, so please be patient as we prioritise those urgent matters. 

 

 

Information for police

I’m a member of Victoria Police – do I have to attend to lodge a summons?

No. You must use EMD to list matters. You should not be issuing summons over the counter unless there is no other method available. Except in the case of urgency, no person is to attend the counter without first contacting the court by telephone to allocate time a for attendance.

Last updated on 15 Oct 2020
Last updated on 15 Oct 2020
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