As the end of the year approaches, many businesses enter their closure periods. In Victoria, courts and tribunals observe a structured vacation period. This period has a significant impact on filing deadlines, procedural timelines and access to services.
If you’re involved in a legal dispute (or might be soon), here’s what you need to know about the vacation period and its effect on time limits.
Supreme Court of Victoria
The Supreme Court’s vacation period runs from 24 December 2025 to 9 January 2026. Under Rule 3.04 of the Supreme Court (General Civil Procedure) Rules 2025, this entire period is excluded from time calculations for procedural steps.
This means deadlines for entering appearances, filing applications, and issuing subpoenas are effectively paused during this period, and the clock begins start to operate after the Court reopens.
However, this calculation does not apply if the Court “otherwise orders” or if timeframes are set by other legislation. Any timeframes set under other legislation will continue to apply.
The Supreme Court will operate for urgent matters only during the vacation period except for the Victorian public holidays. The Supreme Court will resumes sitting on Monday, 19 January 2026.
County Court of Victoria
The County Court follows a similar schedule, closing from 24 December 2025 to 9 January 2026. Rule 3.04 of the County Court Civil Procedure Rules 2018 ensures that timeframes falling within this window are effectively paused.
The County Court will operate for urgent matters only during the vacation period, except for the Victorian public holidays. The County Court will resumes sitting on Monday, 19 January 2026.
Magistrates’ Court of Victoria
The Magistrates’ Court of Victoria also observes the same vacation period, with Rule 3.04 of the Magistrates’ Court General Civil Procedure Rules 2020 excluding these dates from time calculations.
The Magistrates’ Court will operate for urgent matters only during the vacation period except for the Victorian public holidays. The Magistrates’ Court will resume sitting on Monday, 5 January 2026.
VCAT (Victorian Civil and Administrative Tribunal)
VCAT registry offices and hearing venues close from around 22 December to 9 January, including full closures on public holidays (24–26 December and 1 January). While VCAT does not have a formal “vacation rule,” practical impacts include delays in processing documents, fee payments, and hearing schedules.
The following VCAT venues will be closed during the following dates:
- 55 King Street, Melbourne and 414 La Trobe Street, Melbourne from 29 December 2025 to 2 January 2026
- Bendigo Law Courts, Bundoora, Frankston, Oakleigh, and Wyndham Law Courts from 22 December 2025 to 9 January 2026
How Does This Affect Time Limits?
- During the vacation period, the time limits are effectively paused. The Supreme, County, and Magistrates’ Courts exclude the vacation period from time calculations, giving litigants breathing space.
- Filing or serving documents during these dates may not be possible. Filings and service deadlines failing within this period are generally rolled forward to the first business day after reopening.
- Urgent matters such as injunctions, bail applications can still proceed via duty judges or emergency registry arrangements.
Are There Any Exceptions to The Rules?
There are two key exceptions to the time calculation rules:
- The time calculation does not apply if the Court “otherwise orders”, allowing the Court discretion to make procedural deadlines during the vacation period.
- Any timeframes set under other legislation will continue to apply. For example, statutory demands under the Corporations Act 2001, do not pause over the holiday period.
Practical Tips for Litigants
- Avoid filing close to 24 December. Aim to lodge documents well before the break.
- Confirm which rules apply to your matter. Rule 3.04 is the key for most civil cases, however, it is important to workout if there are any statutory deadlines that may apply.
- It’s important to watch the statutory deadline as these are strict deadlines even during the vacation period.
- Contact the Registry in advance for urgent applications.
Final Thoughts
Understanding the vacation period is essential for effective litigation management. By planning ahead and understanding which deadlines pause and which continue to run, litigants can avoid unnecessary stress and ensure compliance with procedural timelines.
Stay informed, stay prepared, and enjoy the festive season responsibly!
At Ferraro & Singh Lawyers, our litigation team can guide you through every step. Contact us on (03) 9311 8911 for tailored advice on your situation.
Disclaimer: The above information is general in nature only and should not be considered legal advice. Every situation is unique, and you should obtain legal advice specific to your circumstances.
