Legal Project Management Plan & Checklist
Plaintiff lawyer's plan for a defended civil claim in the Magistrates' Court of Victoria, from complaint and certifications to hearing and enforcement.
How much can you claim in the Magistrates' Court of Victoria?: The Court hears claims for damages, a debt or a liquidated demand, and claims for equitable relief, up to the jurisdictional limit of $100,000 (ss 3(1) and 100(1)(a) and (b) Magistrates' Court Act 1989), and for any amount if the parties consent in writing (s 100(1)(c)). A plaintiff must not divide one claim into two complaints, but may abandon the excess over the limit in the statement of claim (r 4.01 Magistrates' Court General Civil Procedure Rules 2020). A complaint seeking less than $10,000 must be referred to arbitration unless the Court orders otherwise (s 102).
What certifications must be filed with a complaint in Victoria?: Each party must personally certify that it has read and understood the overarching obligations and the paramount duty, and file that certification with its first substantive document (s 41 Civil Procedure Act 2010), in Form 4A (r 4.09). A represented party that has personally made the certification in other proceedings in the Court within the previous 2 years may instead rely on its lawyer's Form 4AB certification (s 41(5) and r 4.09.1). The lawyer must also file a proper basis certification in Form 4B (s 42 and r 4.10).
Defendant lawyer's plan for responding to a civil complaint in the Magistrates' Court of Victoria: notice of defence, counterclaim, hearing and re-hearing.
How long does a defendant have to file a notice of defence?: For a complaint served in Victoria or elsewhere in Australia, the complaint must allow not less than 21 days after service (r 8.01). If no notice of defence is given within 21 days after service, the plaintiff may apply for an order in default of defence in Form 21A (r 21.01). The registrar can make the order on a debt or liquidated demand; other claims need an affidavit verifying the claim and the loss, and the registrar must refer them to the Court (rr 21.02 and 21.04).
How is a Magistrates' Court judgment enforced in Victoria?: An order for the payment of money may be enforced by a warrant to seize property, an attachment of earnings order or an attachment of debts order (s 111(1) Magistrates' Court Act 1989). The judgment creditor can have the debtor orally examined about income, assets and debts (r 67.01), and either party may apply for an instalment order under the Judgment Debt Recovery Act 1984, which stays enforcement while it is in force and being complied with (s 9).
Jurisdiction: Magistrates' Court of Victoria, civil jurisdiction, under Part 5 of the Magistrates' Court Act 1989 and the Magistrates' Court General Civil Procedure Rules 2020. Practitioners issue and file through the Court's CMS portal under Practice Direction No. 2 of 2025 (Civil Jurisdiction). A fork covers the defendant's side of the same proceeding.
The Process at a Glance: The plaintiff's lawyer confirms the claim is within the limitation period and the Court's limit, sends a letter of demand with a time-limited offer, and drafts a Form 5A complaint containing a statement of claim. The complaint is filed with the Form 4A (or 4AB) and Form 4B certifications and served personally with two blank notices of defence. If no defence is given within 21 days, a Form 21A application for an order in default follows. A defended claim moves through reply, particulars, document disclosure and offers of compromise to a pre-hearing conference, mediation, early neutral evaluation or arbitration, and then to a hearing with subpoenaed witnesses and a court book or document bundle. After judgment the creditor examines the debtor and enforces by attachment of earnings, warrant to seize property or attachment of debts.
Key Legislation: Magistrates' Court Act 1989 (Vic) ss 3, 100, 101, 102, 107, 108, 109, 110 and 111; Magistrates' Court General Civil Procedure Rules 2020 Orders 4, 5, 6, 8, 10, 13, 21, 22, 26, 29, 42, 42A, 46, 50, 61, 67, 68, 69 and 72; Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020 Order 2 (arbitration); Civil Procedure Act 2010 (Vic) ss 22, 26, 41, 42, 44 and 46; Judgment Debt Recovery Act 1984 (Vic) ss 6, 7, 9 and 12; Limitation of Actions Act 1958 (Vic) s 5; Practice Direction No. 2 of 2025 - Civil Jurisdiction.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Civil Claim (Plaintiff) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Civil Litigation cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Commence only a claim that is in time, within jurisdiction and against the right defendant, after a genuine attempt to resolve it.
Start the proceeding validly and fix the date from which the 21-day defence period runs.
Settle the issues for trial, or obtain judgment without a hearing where the defendant does not defend.
Resolve or narrow the dispute and be ready for the hearing on the listed date.
Convert the claim into an enforceable order.
Recover the judgment debt and close the file.
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