Arbitration in the Magistrates’ Court of Victoria - Cogent Legal

What is arbitration?

In Victoria, civil disputes that seek a monetary resolution of less than $10,000 are typically mandated to undergo arbitration.

How will I be informed if my case is referred to arbitration?

The court will send a “Notice of Arbitration” to indicate that your case has been moved to arbitration.

Is there a pre-hearing conference before arbitration?

It’s possible for a case to go through a pre-hearing conference prior to arbitration, however, given the fast-track nature of arbitration is not the usual course.

What documents are permissible in arbitration?

In arbitration, parties can submit a statement of claim and a defence. However, requests for additional particulars, replies, discovery notices, interrogatories, expert witness statements, or notices to admit facts or documents are not allowed.

What about the court book requirements?

According to Practice Direction Number 19 of 2020, represented plaintiffs must submit a court book at least 7 days before the arbitration. All parties are required to file and share a PDF of all documents to be relied upon via email, which must also be served to the opposing party.

Is discovery allowed in arbitration?

Discovery is generally not permitted in arbitration as per Order 2.04 of the Magistrates’ Court (Miscellaneous Civil Proceedings) Rules 2020. However, for claims of $5,000 or more, a “list of documents” must be exchanged 14 days before a pre-hearing conference or arbitration.

How does arbitration differ from a hearing?

Arbitrations are designed to be more informal and flexible than traditional court hearings. Under the Magistrates’ Court General Civil Procedure Rules 2020, represented parties can present evidence orally, and cross-examination is allowed.

Rules of evidence in arbitration?

While arbitrations are not strictly bound by formal rules of evidence, the court can still refer to them to ensure fairness and consistency in the admission of evidence, especially when legal representation is involved.

What about natural justice in arbitration?

Arbitration proceedings are expected to adhere to the principles of natural justice or procedural fairness, ensuring that the process remains equitable for all parties involved.

And finally, what about costs?

Costs associated with arbitrations are typically capped, providing some financial predictability for the parties involved.

These rules and guidelines ensure that arbitration serves as an efficient, less formal means of resolving disputes, maintaining fairness without the full rigor of court procedures. For more specific legal references, you might consult the Magistrates’ Court Act 1989 and the Magistrates’ Court (Miscellaneous Civil Proceedings) Rules 2020.

For more information on being a Plaintiff or a Defendant at the Magistrates’ Court of Victoria, please contact the lawyers at Cogent Legal.

We assist with all kinds of civil and criminal matters and appear in all of the Magistrates’ Courts within Victoria:

Metropolitan courts

Broadmeadows Magistrates’ Court
Dandenong Magistrates’ Court
Frankston Magistrates’ Court
Heidelberg Magistrates’ Court
Melbourne Magistrates’ Court
Moorabbin Justice Centre
Neighbourhood Justice Centre
Ringwood Magistrates’ Court
Sunshine Magistrates’ Court
Werribee Magistrates’ Court

Regional courts