Alternatives to Ignoring a Court Claim in South Australia

If you've been served with a Form 1 or Form 1S Claim in a minor civil action in South Australia and you're thinking about ignoring it, the short answer is: don't. Once the applicable 28-day defence period expires without a defence, the applicant can lodge Form 76B and seek default judgment. For a fixed monetary claim, the Registrar can sign judgment for the claimed amount and recoverable filing costs without a hearing; the judgment then accrues simple interest at 6% per annum. For an unquantified damages claim, judgment may be entered on liability only, with the amount assessed later. Setting it aside later is possible but harder and more expensive than responding now. You have better options, even if you think the claim is fair.

What Ignoring a Claim Actually Costs

Default judgment doesn't just mean you owe the money. It means:

• For a fixed monetary claim, the claimed amount can be enforced once judgment is signed — even if you could have disputed part of it
• Simple interest accrues at 6% per annum on a monetary judgment
• The applicant can enforce using warrants of sale against your property, garnishee orders against your wages or bank accounts, and examination summons requiring you to disclose your finances
• Setting aside the default requires a Form 77 Interlocutory Application and Form 12 Supporting Affidavit explaining the reason for the default and the grounds for defending the claim — with no guarantee the court will grant it
• Your credit file can show a judgment record for five years. Paying the debt does not erase the entry, though its status can be updated to satisfied.

For an A$5,000 claim, ignoring it converts a negotiable dispute into an enforceable debt with simple interest and enforcement costs on top.

Your Actual Options (All Better Than Ignoring)

Option 1: Dispute the claim — file a defence

If you disagree with the claim (all of it or part of it), file Form 51S through the CourtSA portal within 28 calendar days of service of a Form 1 or Form 1S Claim served in Australia. You deny the parts you dispute, explain your side briefly, and the court lists a directions hearing; it may then list a settlement conference or refer the matter to mediation. Most cases settle before trial.

Best for: Respondents who believe the claim is wrong, inflated, or based on incomplete facts.

Option 2: Admit the claim and pay

If you accept that you owe the money, you can complete the admission section on the claim form and return it to the court registry within 28 days. This avoids defending a claim you accept.

Best for: Respondents who know the debt is valid and want to close the matter quickly.

Option 3: Admit the claim and ask to pay by instalments

If you and the applicant agree on instalments or a deferred payment date, you can use a Form P2 Enforceable Payment Agreement. If you comply with it, the action closes without a formal judgment debt; if you default, the applicant can seek enforcement.

Best for: Respondents who accept the debt but need time to pay. See admitting and paying by instalments for details.

Option 4: Counterclaim against the applicant

If the applicant owes you money too (for example, you both owe each other for different parts of a building dispute), you can file a counterclaim using Form 61S alongside your defence. The A$186 filing fee applies. The directions hearing addresses both claims.

Best for: Respondents who have their own claim against the applicant — common in contractor, fencing, and tenancy disputes.

Option 5: Settle before the hearing

You can contact the applicant (or their solicitor) directly and negotiate a settlement at any point — before filing your defence, after filing, or at a settlement conference or mediation. A written settlement alone does not close a filed court case: the settlement must be formally recorded, such as by consent orders filed with CourtSA, a Form P2 for instalments, or a notice of discontinuance after settlement funds are paid. Keep meeting court deadlines until the court confirms the case is closed or a hearing date is vacated.

Best for: Respondents who want to resolve the dispute privately, especially when the relationship with the other party matters (neighbours, business contacts, family).

Who This Is For

• Anyone served with a Form 1 or Form 1S Claim in the SA Magistrates Court who is considering not responding
• Respondents who feel overwhelmed by the court process and think ignoring the papers is easier
• People who believe the claim is unfair but don't know how to dispute it
• Helpers (family members, partners) trying to persuade a respondent to take action

Who This Is NOT For

• Respondents who have already received a default judgment — the process is different (see setting aside a default judgment)
• Anyone sued by a lender, debt buyer, or collection agency — contact the Legal Services Commission Helpline on 1300 366 424 promptly for advice, while keeping track of court deadlines
• Standard monetary small claims above A$12,000, which fall outside the small-claims limit; neighbourhood disputes and some minor statutory proceedings follow different rules

The Cost of Each Option

How the Guide Helps

The Responding to a Minor Civil Claim in South Australia guide covers every option above — disputing, admitting, counterclaiming, and settling — with the form numbers, portal steps, and deadlines in the order you need them. It includes a response route decision tree that walks you through choosing the right option for your situation, plus a deadline calculator so you know exactly how much time you have.

Whatever you decide, deciding is better than ignoring.

Frequently Asked Questions

What if I think the claim amount is too high but I do owe something?

You can file a partial defence — admit the amount you agree you owe and dispute the rest. The court decides only the disputed portion. This is common in contractor disputes where both parties agree work was done but disagree on the value.

Can I respond after the 28 days if I missed the deadline?

If a default judgment has been entered, you can apply to set it aside. You'll need to show that you have a defence on the merits and explain why you didn't respond in time. There's no guarantee the court will grant the application, and it's a more involved process than filing a defence before the deadline.

What if I can't afford the filing fee?

A defence has no court filing fee. For fees that do apply, including a counterclaim fee, concessions or waivers may be available under statutory hardship provisions. Contact the court registry to ask about eligibility. The Legal Services Commission Helpline (1300 366 424) can also advise on your options.

Does filing a defence mean I have to go to court?

Filing a defence triggers the court process, but most minor civil matters settle at the conciliation conference before reaching trial. Filing protects you from default judgment and opens the door to a negotiated resolution.

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