Home » magistrate
Criminal Law / Family Violence / Practice and Procedure
by Sandy A · Published Updated March 16, 2022
Final Family Violence Intervention Orders – What Does It Mean to Consent Without Admissions? Our clients are often hesitant to consent to final family violence intervention orders. In certain situations this hesitation is warranted, where it is based upon completely...
Criminal Law / Family Violence / Practice and Procedure
by Bill D · Published Updated March 2, 2022 · Last modified Updated March 9, 2022
Mandatory Counselling for Family Violence Respondents – A Specialist Court Intervention In a specialist family violence court, even where you agree to final order without admissions, the Magistrate must make an order requiring a counselling assessment. This is an issue...
Court Process / Criminal Law / Practice and Procedure
by Sandy A · Published Updated October 13, 2021
Sentence Indication in the Magistrates’ Court – What are They and How are They Used? A person accused of a criminal offence heard in the Magistrates’ Court can apply for a ‘sentence indication’ under the Criminal Procedure Act. A sentence...
Pregnancy, Children, and Prisons Pregnant women and mothers of infant children who are being sentenced for criminal offences pose a particularly challenging and emotive set of factual circumstances. There are any number of reasons why women may be sentenced for...
Court Process / Criminal Law / Practice and Procedure
by Sandy A · Published Updated August 31, 2021 · Last modified Updated February 24, 2022
What is a Contest Mention? You may have heard your lawyer refer to your matter ‘proceeding to contest mention hearing’. A ‘summary contest’ is what we call a ‘trial’ in the Magistrates’ Court. The summary contest is heard by a...
Criminal Law / Practice and Procedure / Sentencing
by Sandy A · Published Updated August 16, 2021 · Last modified Updated August 30, 2021
What is a Community Corrections Order? A community corrections order (‘CCO’) is a sentencing order that a Judge or Magistrate can impose. It is one step below prison and one step above a fine. It can still be a harsh...
Court Process / Criminal Law / Practice and Procedure
by Sandy A · Published Updated August 10, 2021 · Last modified Updated June 10, 2022
Committal Mention Hearings A committal mention hearing is one of the first hearings you will need to attend if you have been charged with an indictable offence and there is a potential for your case to go to a jury...
Diversion – How Does it Work? Many jobs and volunteer positions require a national police check, meaning a criminal history can have a serious impact on your future prospects. While Victoria now has the Spent Conviction Scheme that will allow...
Mention Hearings at the Magistrates’ Court If you have been charged with a summary criminal offence, you will be summonsed, bailed or remanded to a Mention date at the Magistrates’ Court in Victoria. If you are charged with an indictable...
Court Process / Criminal Law / Practice and Procedure
by Sandy A · Published Updated May 5, 2021 · Last modified Updated May 18, 2021
How to Prepare and Appear for a Webex Hearing at the Magistrates’ Court Due to the Covid-19 pandemic, the Magistrates’ Court has been conducting court hearings remotely using Webex. With the easing of restrictions, there has been an increase in...
