Criminal proceedings

Bail and summons matters 

• Criminal proceedings (except filing hearings, committal mentions and committal hearings) where the accused is on summons or bail have been adjourned to the nominal date of 15 June 2020.
• For all summons and bail matters (excluding filing hearings, committal mentions and committal hearings) no attendance by the accused is required. Bail will be extended in the absence of the accused.

Custody matters  

• Where the accused is in custody, the court will continue to hear the following criminal proceedings via audio visual link (AVL):
  • Filing hearings 
  • Committal mentions
  • Summary jurisdiction applications and related pleas of guilty
  • Applications for bail 
  • Applications to vary bail
  • Applications to revoke bail 
  • Pleas of guilty in the summary stream 
  • Contest mentions

The above procedures are subject to further direction of a magistrate.

Family violence/personal safety IO

New listing time frames will apply in relation to the following proceedings:

i.    Intervention order applications under the Family Violence Protection Act 2008 (FV IVOs). This includes new applications and applications for variation, extension and revocation; and
ii.    Intervention order applications under the Personal Safety Intervention Orders Act 2010 (PS IVOs).  This includes new applications and applications for variation, extension and revocation; and
iii.    Applications under the Family Law Act 1975; and
iv.    Ancillary and other applications related to the proceedings referred to above, for example applications to be deemed a non-prohibited person under the Firearms Act 1996.

The following listing time frames will apply:

• First listing dates for urgent applications, particularly in high risk circumstances, will be listed on a case by case basis. Direct contact should be made with the court to request the listing of an urgent application. 
• Otherwise, first listing dates for:

i.    IVO applications initiated by way of:

• Family Violence Safety Notice – not later than 14 days after service on the respondent (section 31 FVPA);
• Victoria Police FV and PSIO IVO applications - will be allocated through the use of the electronic mention diary;
• Non-Victoria Police FV and PSIO IVO applications – will be allocated by a Court Registrar.        
  • Unless otherwise ordered by the court, and subject to subparagraph d, second and subsequent listings will be adjourned to the nominal date of 15 June 2020. No appearance is required for this purpose.
  • Applications for an extension of FV and PSIO IVOs, where an ex-parte interim extension order has been made, will be listed not later than 28 days after the date the interim extension order has been made where the respondent has not been served (see section 107 FVPA and section 84 PSIO).
• The nominal date of 15 June 2020 has been allocated to allow time for planning of future listings. This will ensure that the court can manage demand and give priority to the most urgent proceedings.  

It is intended that, prior to 15 June 2020, the court will advise the parties of a new hearing date as new listing arrangement are developed. It is NOT expected that parties will be required to attend on 15 June 2020

Victims of Crime Assistance Tribunal (VOCAT) applications

1.    VOCAT will continue to process all applications for assistance from victims of crime at all courts throughout Victoria.
2.    For urgent requests for assistance, please email your local court VOCAT registrar.
3.    Contact with VOCAT by email would be preferred in relation to submitting documents, seeking updates, notifying readiness to proceed.

Directions hearings

4.    All directions hearings will be held by telephone and recorded by the Tribunal. Legal practitioners should notify the Tribunal of the most appropriate phone number to call.

Listed hearings

5.    All listed hearings will be adjourned, with a nominal date of 15 June 2020. 
6.    Parties will not be required to attend the Tribunal on 15 June 2020. 
7.    Prior to that date the tribunal will notify all parties of the adjourned hearing date.

Remote counselling and assessments 

8.    The Tribunal has authorised psychological counselling, where funded by the Tribunal, to be undertaken by phone or remotely.
9.    The Tribunal has authorised psychologists/counsellor to undertake urgent report assessments by phone or remotely.

Interim awards

10.    The Tribunal will continue to consider applications for interim awards of financial assistance, variations and payments, as they are lodged. Such applications are preferred by email where possible.