AL BIKAI v MAGISTRATES’ COURT OF VICTORIA and Another

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AL BIKAI v MAGISTRATES’ COURT OF VICTORIA and Another Supreme Court of VictoriaGorton J 24, 26 February 2026[2026] VSC 68Costs — Magistrates’ Court of Victoria — Criminal proceeding — Application by accused for costs — Application made several days after Magistrate made orders disposing of proceeding — Magistrate refused application — Whether Magistrates’ Court had jurisdiction to order costs in criminal proceeding after the entry of final orders — Whether Magistrates’ Court functus officio or no longer having authority in the matter — Magistrates’ Court Act 1989 (Vic), s 131(1) — Criminal Procedure Act 2009 (Vic), s 401(1).

Section 131(1) of the Magistrates’ Court Act 1989 (Vic) (MCA) provided that the costs of, and incidental to, all proceedings in the Magistrates’ Court of Victoria were in the discretion of the Court and the Court had full power to determine by whom, to whom, and to what extent, the costs were to be paid. Section 401(1) of the Criminal Procedure Act 2009 (Vic) (CPA) was substantially to the same effect, albeit specifically with reference to the costs of criminal proceedings in the Magistrates’ Court.

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