Does it matter which Court I institute proceedings in?

The Magistrates", County and Supreme Courts each have different procedures and it is important to think about which Court will be best suited to deal with the particular type of claim you are making. Most claims for less than $100,000.00 should be brought in the Magistrates' Court.

It is important to remember that there are certain types of claims that can only be issued in a particular Court or Tribunal. For example, a claim relating to a domestic building problem must be issued in the Victorian Civil and Administrative Tribunal. If a claim is issued in the wrong place, it may be struck out, which would mean you would have to start again somewhere else. You would also commonly have to pay your opponent's costs.

If you are in a situation where you believe legal action is required to recover a debt, you should obtain professional legal advice. Please give us a call on 1300 205 506 or send an email with your enquiry to

The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.

Liability limited by a scheme approved under Professional Standards Legislation.

For further information contact  
Caroline Callegari

Caroline Callegari is an Associate Principal and leads our Disputes & Litigation team. She has an advisory and advocacy practice in the following areas: Commercial Litigation, corporate and personal disputes, debt recovery and, insolvency and bankruptcy matters. Caroline can be contacted on (03) 8561 3324.


For fifty years Sharrock Pitman Legal has made a significant and long term contribution to meeting the legal needs of business owners and residents in the City of Monash and greater Melbourne area.

Get in touch

When you contact us you will soon discover that we really are caring lawyers who will always be ‘on your side®’.

Thank you, your form has been received.

Our office is closed for the Christmas break and we will return on 8 January 2024.

We will be in touch as soon as possible then.
Oops! Something went wrong while submitting the form.