Litigation process

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 retail leases dispute must be issued in the Victorian Civil and Administrative Tribunal (“VCAT”).

If a claim is issued in the wrong court or tribunal, it may be stayed or 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.

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