Appealing a Magistrates' Court decision to the Victorian County Court
A party dissatisfied with a Magistrates' Court decision in Victoria may appeal to the County Court. Criminal appeals are generally by way of rehearing. Civil appeals may be on a question of law or, with leave, on questions of fact. The notice must be filed within 28 days.
This is an 8-step workflow for lodging and prosecuting an appeal from the Victorian Magistrates' Court to the County Court, covering civil appeals under the County Court Act 1958 and criminal appeals under the Criminal Procedure Act 2009.
Before you start
- A copy of the Magistrates' Court judgment or sentencing remarks
- The transcript or audio recording of the Magistrates' Court hearing
- Identification of the grounds of appeal
- Client instructions confirming the appeal and costs risk
The workflow
Assess the merits and appeal pathway
Review the Magistrates' Court decision and identify whether the appeal is criminal (rehearing under the Criminal Procedure Act 2009) or civil (question of law or, with leave, fact under the County Court Act 1958). Advise the client on prospects and costs exposure.
File the notice of appeal within 28 days
Prepare and file the notice of appeal in the prescribed form at the County Court registry. Particularise each ground of appeal. If out of time, file a supporting application for an extension with evidence of the reason for the delay.
Obtain the Magistrates' Court record
Request the transcript, audio recording, and exhibits from the Magistrates' Court. In criminal appeals by way of rehearing, the appeal court may hear the matter afresh, but the first-instance record remains essential for preparation.
Apply for a stay or bail pending appeal
If the Magistrates' Court orders have immediate effect (e.g. a fine, imprisonment, or civil enforcement), apply to the County Court for a stay of execution or bail pending appeal.
Prepare written submissions
Draft submissions addressing each ground of appeal. For a civil appeal on law, demonstrate the specific legal error. For a criminal rehearing, prepare the case as though presenting it for the first time, while addressing the Magistrate's reasoning.
Compile the appeal book
Assemble the appeal book containing the notice of appeal, the Magistrates' Court reasons, relevant transcript extracts, key exhibits, and a list of authorities. Follow the County Court Practice Note on format and pagination.
Attend directions hearing and comply with timetable
Attend the County Court directions hearing. Comply with orders for filing of submissions, witness statements (in a rehearing), and the appeal book. Confirm the hearing estimate and available dates.
Present the appeal and implement the outcome
Appear at the appeal hearing. In a rehearing, call evidence and make submissions. If the appeal succeeds, seek appropriate orders — substitution of a new decision, remittal, or resentencing — and address costs.
What you will have at the end
A County Court determination on the appeal — the Magistrates' Court decision is affirmed, varied, set aside, or the matter is remitted — with costs orders.
Common issues
- Missing the 28-day filing deadline and not having grounds for an extension
- Failing to distinguish between a rehearing and an appeal on the record
- Not applying for bail or a stay where the appellant is in custody or subject to enforcement
- Poorly particularised grounds of appeal that do not identify the specific error
- Underestimating preparation required for a criminal rehearing where witnesses must be recalled
Run this workflow on a real matter
Quillio analyses Magistrates' Court decisions, identifies arguable grounds of appeal, and drafts County Court appeal submissions. See /practice-areas/litigation-lawyers or start a free trial.
This workflow is a general guide for Victorian appeals. Procedural requirements differ between civil and criminal appeals — always verify against the current legislation and County Court practice notes.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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