How to file civil proceedings in the County Court of Victoria
In Victoria, you commence civil proceedings in the County Court by filing a Writ (or Originating Motion) and Statement of Claim through the County Court Online portal. The County Court has unlimited civil monetary jurisdiction since 2017, governed by the County Court Act 1958 (Vic) and the County Court Civil Procedure Rules 2018 (Vic).
The framework
County Court civil proceedings are governed by the County Court Act 1958 (Vic), the Civil Procedure Act 2010 (Vic), and the County Court Civil Procedure Rules 2018 (Vic).
The process
Confirm the County Court is appropriate
The County Court of Victoria has unlimited civil jurisdiction since 2017. Most significant claims outside the Magistrates Court are commenced in the County Court unless Supreme Court jurisdiction is needed (e.g. equitable relief).
Meet pre-litigation obligations
Comply with pre-litigation requirements under sections 7-8 of the Civil Procedure Act 2010 (Vic) — genuine attempts to resolve. For personal injury, check the Wrongs Act 1958 (Vic) threshold requirements where applicable.
Draft the Writ and Statement of Claim
Prepare the Writ (Form 5A) and attach a Statement of Claim that complies with Order 13 of the County Court Civil Procedure Rules 2018. Plead material facts and the relief sought.
File via County Court Online
File the Writ and Statement of Claim through the County Court Online portal. Pay the filing fee, which scales with claim value and party type.
Serve on the defendant
Serve the sealed Writ and Statement of Claim on the defendant within 12 months of filing under Order 6 of the Rules. Service out of jurisdiction is governed by Order 7.
Defendant appears and defends
The defendant has 10 days to enter an appearance and 30 days to file a defence. If no defence is filed, you can apply for default judgment under Order 21.
Directions and case management
The court actively manages cases. Directions cover discovery under Order 29, witness statements, expert reports, and the timetable to trial.
Attempt ADR
Part 5 of the Civil Procedure Act 2010 (Vic) requires the court to consider ADR. Most County Court civil matters are referred to mediation.
Trial
Unresolved matters proceed to trial. County Court civil trials are judge-alone in the Common Law, Commercial, and Damages Lists. Evidence is governed by the Evidence Act 2008 (Vic).
Judgment and enforcement
Enforce judgment via warrants of seizure and sale, attachment of earnings, or charging orders under Order 66. Costs usually follow the event unless the court decides otherwise.
Common mistakes
- Not complying with Civil Procedure Act 2010 pre-litigation obligations
- Missing the 12-month service period under Order 6
- Incomplete pleadings
- Not engaging with case management directions
- Underestimating cost risk
Get this process right with Quillio
Quillio can draft a Writ and Statement of Claim, prepare case management plans, and generate discovery lists compliant with the County Court Civil Procedure Rules 2018. See /practice-areas/civil-litigation or start a free trial.
This guide is general information, not legal advice. County Court proceedings are complex and costly. Seek advice from a Victorian civil litigation lawyer.
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