How to Represent Yourself at a Magistrates Court Hearing in South Australia

If you're representing yourself at a minor civil hearing in the South Australia Magistrates Court, you're in the majority — not the exception. Under section 38(4) of the Magistrates Court Act 1991, a legal practitioner may represent a party if another party is a legal practitioner, all parties agree, or the court considers the party would be unfairly disadvantaged without representation. The system is designed for ordinary people to present their own case. What separates a strong self-represented appearance from a stressful one is preparation, not legal training.

What Happens at Each Stage

A minor civil matter in the SA Magistrates Court typically moves through three stages after you file your defence. Not every case goes through all three.

Directions hearing. The court lists this after you file your defence. The Magistrate or Judicial Registrar clarifies each party's position, narrows the issues, explores settlement options, and considers whether mediation is suitable. Bring your filed defence, your Form 73A List of Documents, and the documents listed there; follow any additional directions in your hearing notice.

Conciliation conference. After the directions hearing, the matter may be listed for a settlement conference. The court may also refer it to mediation, often at the directions hearing. Court-connected mediation is facilitated by the Magistrates Court Mediation Unit. Attendance at ordered mediation is compulsory, but agreeing to settlement terms is voluntary. Come with a clear idea of what you'd accept and what you won't. Most minor civil matters settle at this stage. If they don't, the matter goes to trial.

Trial. The magistrate hears both sides, reviews evidence, asks questions, and makes a binding decision. This is where preparation matters most.

What to Bring to the Hearing

Bring your filed defence, Form 73A, and the documents listed there. Follow any document or copy instructions in your hearing notice:

• Your filed Form 51 Defence
• Your Form 73A List of Documents and every document listed in it
• Receipts, invoices, photos, contracts, text messages, and emails relevant to the dispute — printed and labelled
• A one-page chronology of events (dates, what happened, what evidence supports each point)
• Any correspondence with the other party (including settlement offers)
• A calculator if the dispute involves amounts or interest

Check in at the court registry or virtual Webex waiting room 15 minutes before the listed time. Your matter may be called earlier or later than listed.

How to Present Your Case

The applicant usually presents first, then you present your side. The magistrate conducts the hearing as an inquiry, asks questions, and examines the evidence. When it's your turn:

1. Stand when you speak. Address the magistrate as "Your Honour."
2. Start with the key fact: "Your Honour, I deny the claim because..." followed by your main reason in one sentence.
3. Walk through your evidence in chronological order. Refer to specific documents by their Form 73A list number.
4. Answer the magistrate's questions directly. If you don't know something, say so — don't guess.
5. Stay calm when the other party presents their case. You'll get a chance to respond.

Don't interrupt. Don't argue with the other party directly — speak to the magistrate. Don't make legal arguments about statutes unless you're confident in your reading; the magistrate knows the law.

Who This Is For

• Respondents who have filed their Form 51S defence and are preparing for the directions hearing, conciliation, or trial
• Self-represented parties appearing for the first time in any court
• Helpers (family members, business partners) preparing someone else for their hearing
• Anyone who wants to know what the courtroom experience actually looks like before the day arrives

Who This Is NOT For

• Anyone who has not yet filed a defence to a Form 1 or Form 1S Claim served within Australia — you have 28 calendar days, counting from the day after service, to file Form 51S; if the last day falls on a Saturday, Sunday, or South Australian public holiday, the deadline moves to 5:00 PM on the next business day. An originating application has a separate 14-day response period (see how to file a defence)
• Respondents in debt-collection matters from institutional lenders — contact the Legal Services Commission Helpline on 1300 366 424
• Parties in criminal, family law, or intervention order matters — different courts, different procedures

The Biggest Mistakes Self-Represented Parties Make

Not organising evidence. Handing the magistrate a stack of unsorted papers makes your case harder to follow. Label every document, number the pages, and match them to your Form 73A list.

Arguing emotion instead of facts. The magistrate decides based on evidence and the applicable rules. "It's not fair" doesn't advance your case. "The invoice was for A$800, here's the quote we agreed to, and here's the receipt showing I paid A$600 — the remaining A$200 is disputed because the work wasn't completed" does.

Not knowing their own deadline. The Form 73A List of Documents must be filed and served within 14 calendar days of filing your defence.

Skipping conciliation. Some respondents treat conciliation as a formality and don't prepare a settlement position. Conciliation is where most cases end. Walk in knowing what you'd accept.

How the Guide Helps You Prepare

The Responding to a Minor Civil Claim in South Australia guide includes a hearing preparation checklist, a document organiser worksheet, and a chapter dedicated to what happens at each stage — directions hearing, conciliation, and trial. It covers courtroom procedure, evidence presentation, and your options after the decision (including the Form 182A review process if the judgment goes against you).

The guide covers procedure from the day you're served to the day after the hearing. Every chapter follows the timeline, so you prepare each step in order.

Frequently Asked Questions

What if I get nervous and forget what to say?

Bring written notes. Magistrates expect self-represented parties to refer to prepared notes, and they'll give you time to check them. A one-page summary of your key points and the documents you want to reference keeps you on track.

Can the other party bring a lawyer if I don't have one?

Under section 38(4), a legal practitioner may represent a party if another party is a legal practitioner, all parties agree, or the court considers the party would be unfairly disadvantaged without representation. If the other party has a lawyer and you do not, you can ask the court for an adjournment to get legal advice.

What if I disagree with the magistrate's decision?

You can apply for a review of a minor civil decision by filing Form 182A — Notice of Review — with Form 182S Review Grounds within 21 calendar days of the judgment date. A District Court Judge hears the review. The guide covers the review process, realistic timelines, and when it's worth pursuing versus when to accept the outcome.

Do I have to dress formally?

There's no strict dress code for the Magistrates Court, but neat, conservative clothing shows respect for the process. Business casual is the safe minimum. Don't wear hats, singlets, or thongs.

See more South Australia guides →