Representing Yourself in South Australia Magistrates Court — Minor Civil Claims

Lawyers Are Not Allowed at Trial — With Exceptions

Under section 38 of the Magistrates Court Act 1991 (SA), lawyers are prohibited from representing parties at the trial of a minor civil action. This is not a suggestion — it is a statutory bar. Both sides argue their own cases in front of the magistrate.

The prohibition exists because the division handles claims up to A$12,000, and the cost of legal representation would often exceed what is at stake. It also means neither side can recover lawyer fees from the other, which keeps the financial risk proportionate.

The Exceptions

The ban is not absolute. There are narrow circumstances where lawyers can appear:

• Corporate entities can be represented by an officer or employee of the company — not a lawyer, but someone authorised to speak on the company's behalf
• Interlocutory applications — the court has discretion to permit lawyer representation for procedural applications (such as applications to set aside a default judgment or for substituted service)
• Building disputes — under the Building Work Contractors Act 1995, either party can elect at the directions hearing to exit the minor civil rules, which allows lawyers at trial but also increases cost exposure

In practice, the vast majority of minor civil trials in SA proceed with both parties representing themselves.

Support Persons

You can bring a support person — a friend, family member, or community legal centre worker — to sit beside you at the hearing. They are allowed to take notes and provide moral support, but they cannot speak on your behalf or advocate to the magistrate. Only you address the court.

How to Prepare When You Are on Your Own

Self-representation puts the preparation burden on you. The court will not prompt you to present evidence you forgot to bring. The magistrate decides based on what is presented, not what could have been.

Organise your evidence. Build an indexed evidence bundle with three copies — one for you, one for the magistrate, one for the other party. Tab and number each document so you can refer to them quickly.

Know your chronology. Write a one-page timeline of the key events: when the contract was signed, when payment was due, when the breach occurred, when you sent the demand letter. The magistrate will follow the story more easily with dates.

Practise your opening. You will be asked to explain your claim in your own words. Keep it concise — two to three minutes of factual summary, not a speech. State what happened, what the other party owes, and why.

Prepare for questions. The magistrate may ask you to clarify facts, explain a gap in your evidence, or reconcile a contradiction. Answer directly. If you do not know the answer, say so — guessing hurts your credibility.

Free Legal Help That Does Not Cross the Line

You cannot hire a lawyer for trial, but you can get free legal advice before and after the hearing:

• Legal Services Commission of SA — free helpline (1300 366 424) for general legal guidance
• Community Legal Centres SA — regional and metropolitan centres offering free advice and document review
• JusticeNet SA — pro bono referrals for eligible litigants

These services can help you understand the process, review your documents, and advise on your chances — they just cannot stand up in court and argue for you.

For a structured preparation framework, the SA Minor Civil Claim Guide includes a self-representation checklist, evidence bundle template, and courtroom script.

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