How to File a Defence in South Australia Magistrates Court

Filing a defence in the South Australia Magistrates Court is free and doesn't require a lawyer. But the form needs to respond specifically to each allegation in the claim — a vague "I disagree" won't meet the pleading standard. Here's how to file it properly, whether you use CourtSA online or paper at the registry.

Which Form You Need

There are two versions of the same defence form:

• Form 51S — the online "smart form" you fill in directly on the CourtSA portal. The system wraps your answers in a sealed Form 51 shell automatically.
• Form 51 — the paper version, which you print, complete by hand or on a computer, attach a Form 51S details sheet, and lodge at a court registry in person.

Both do the same thing. The online route is faster and avoids the risk of the registry being closed when you arrive.

Filing Online via CourtSA

1. Log in to CourtSA at courts.sa.gov.au. If you don't have an account, create one — you'll need a verified email address.
2. Submit a Case Access Request. Search the action number from your claim papers (formatted like AMC-26-XXXX). Wait for Court Services to approve your access; approval timing is not fixed.
3. Open the case and select the option to file a defence.
4. Complete the Form 51S fields. The form asks you to respond to each allegation in the Statement of Claim. For each one, you must say whether you admit it, deny it, or don't know.
5. Upload any supporting documents as PDF files. Documents must be unencrypted and within the portal's size limit.
6. Submit. The system generates a lodgement receipt. Lodgement is not the same as filing — the registry reviews your document and either accepts it (formally filed) or rejects it with a reason.

If the registry rejects your document, the original lodgement date is not preserved. You'll need to fix the issue and re-lodge, so don't wait until the last day of your 28-day window.

Filing on Paper at the Registry

Bring your completed Form 51 and Form 51S details to a designated Magistrates Court registry — Adelaide, Christies Beach, Elizabeth, Port Adelaide, or a regional court. The registry is cashless, but filing a defence has no fee, so you won't need a card.

Submit the documents at the counter and follow the registry's instructions for receiving a filed copy.

What to Write in Your Defence

The Statement of Claim (Form 1 or Form 1S) lists numbered allegations — facts the claimant says are true. Your defence must address each numbered paragraph:

• Admit the facts you agree are true. Admitting undisputed facts (like the date of a contract) doesn't weaken your case; it narrows the dispute to what's actually contested.
• Deny the facts you disagree with, and briefly state your version. "The respondent denies paragraph 3 and says the work was completed on 14 March 2026, not left unfinished as alleged."
• Say you don't know if the fact is outside your knowledge. "The respondent does not know and cannot admit paragraph 5."

Blanket denials — "I deny everything" — violate the Uniform Civil Rules and can be struck out by the court. Address each allegation separately.

There's No Filing Fee

Filing a defence in a minor civil action is free. No court fee applies to Form 51 or Form 51S. This is different from filing a counterclaim (Form 61/61S), which costs $186.

Serving the Claimant

After your defence is formally filed, you must serve a copy on the claimant. The court doesn't do this for you. Service options include:

• Express post to their address on the claim form
• Personal service (handing it to them or their solicitor)
• Email if they've given written consent to electronic service or the Court has ordered it

Keep proof of service — you may need to file a Form 11 Affidavit of Service later.

What Happens After You File

Filing the defence stops the claimant from getting a default judgment. The case moves into the pre-trial track:

1. Within 14 days, you'll need to file a Form 73A List of Documents — an index of every document relevant to the case.
2. About six weeks later, the court lists a directions hearing where a magistrate reviews both sides and explores settlement options.
3. If the dispute isn't resolved at directions, it may go to mediation or be listed for trial.

Our guide to responding to a minor civil claim in South Australia covers each of these steps with printable worksheets, including a defence preparation worksheet and a document organiser for the Form 73A process.

See more South Australia guides →