Taking action

Please Note: until further notice, both legal practitioners and self-represented litigants are to continue to lodge documents in hardcopy or via email to srlcoordinator@courts.vic.gov.au.

This direction applies notwithstanding Practice Direction No 3 of 2023.

This communication will be updated upon release of the CMS (case management system) in the industrial division.

Step 1: Before you start

Going to court can be a complex, time consuming and costly process. You may wish to seek legal advice prior to commencing a matter in the Industrial Division.

The resources and useful information guide also contains relevant information about resources available at MCV to assist you.

You should try to resolve your dispute before coming to court, by negotiation or by sending a letter of demand.

If the matter remains unresolved, you may issue proceedings in court.

All parties are expected to comply with Practice Direction 3 of 2023 and Order 13 of the Magistrates’ Court (Miscellaneous Civil Proceedings) Rules 2020 with respect to the conduct of proceedings in the Industrial Division.

The Fair Work Ombudsman small claims guide provides detailed information if you are considering making a small claim or responding to one under Section 548 Fair Work Act 2009.

If you plan to represent yourself, you can contact the court’s self-represented litigant coordinators by emailing srlcoordinator@courts.vic.gov.au. They can assist you in identifying, utilising and filing the necessary forms.  

Step 2: Lodging a claim

All claims made in the Industrial Division must be lodged on a Form 13A Complaint. 

The complaint contains a section whereby a party with a small claim under Section 548 Fair Work Act 2009 may elect to have the proceeding dealt with as a small claim. For more details on the procedure in small claims proceedings, go to paragraphs [61]-[70] of Practice Direction 3 of 2023.

 A filing fee is payable to the court to lodge your Form 13A Complaint. Fees for your application can be found on the court fees ready reckoner.

Step 3: Serve the complaint

There are legal rules about the way in which you must give documents to the defendant. This is called service.

Information about service can be found on the service of court documents page.

The claim is valid for service when the court case number and filing date is written on the Form 13A Complaint and returned to you.

To complete service, a copy of the Form 13A Complaint and two blank copies of a Form 13B Response must be served on the defendant.

The documents must be served personally. For more on how to do this, go to the service of court documents page.

The person who served the documents must complete an Affidavit of service - Form 6A. This provides information to the court about how and when the documents were served.

The Affidavit of service - Form 6A must be witnessed and sworn or affirmed in the presence of an authorised person. You may also need to file the affidavit to prove service. Refer to the witnessing documents page for more information.

If documents are not served correctly, it may cause delays.

Step 4: Responding to a claim

To respond to a claim, you must file a Form 13B Response.

If a Form 13B Response is not filed within 14 days, the plaintiff may apply for a default judgment against the defendant using a Form 13C Application for order in default of response together with a Form 13D Affidavit in Support.

Step 5: Pre-hearing conference

If the claim is defended, the court will send a notice to both parties advising the date you must attend a pre-hearing conference before a judicial registrar.

For information on pre-hearing conference process refer to paragraphs [33]-[34] of Practice Direction 3 of 2023.

Step 6: Directions hearing notice

If the proceeding is not resolved at the pre-hearing conference, the court will send a notice to both parties for a directions hearing. The purpose of the hearing is to set down a timetable to ensure the proceeding is ready for final hearing.

Orders made at a directions hearing will be tailored to suit the nature of the proceeding, its complexity and the nature of the dispute.

Parties are encouraged to review the standard directions contained in Practice Direction 3 of 2023 and attempt to agree upon them at the end of the pre-hearing conference.

Parties are required by the practice direction to provide the court with any agreed proposed form of directions order, or if a proposed form of order has not been agreed, to have informed the opposing parties of matters not agreed, prior to the directions hearing.

The court may excuse parties from attendance if satisfied with the content of the orders.

Step 7: Hearing readiness certificate

An important feature of the Industrial Division is the Form 13E Hearing Readiness Certificate. It must be filed by the date set in the orders made at the directions hearing.  

Step 8: Final hearing

After receipt of the hearing readiness certificate, the court will advise the parties of a hearing date.

Complaint resolved?  

If a complaint is settled at any stage of the process, terms of settlement and consent orders signed by both parties must be filed with the court.

Orders will then be made to discontinue proceedings. 

Enforcement procedures  

If your claim is successful and the respondent does not pay the amount ordered by the court, you have a right to start legal proceedings to enforce the payment.  

Find out more about enforcement procedures.