Responding to a Minor Civil Claim in South Australia: Step-by-Step Process

Someone has filed a claim against you in the South Australia Magistrates Court for an amount up to $12,000. The document sitting on your kitchen table — a Form 1 or Form 1S — gives you 28 calendar days to file a formal response. Here's what the process looks like from start to finish.

Stage 1: Read and Verify (Days 1–3)

The first thing to establish is whether the papers are genuine. A real court claim carries a CourtSA action number (like AMC-26-XXXX), the Magistrates Court seal, and identifies you by name as the Respondent (South Australia uses "Applicant" and "Respondent," not "Plaintiff" and "Defendant").

Verify the action number on the CourtSA portal at courts.sa.gov.au, or phone the Civil Registry at (08) 8204 2444. Don't use any contact details printed on the documents themselves until you've confirmed they're real.

Record the exact date and method of service — personal handoff, express post, or email — because the 28-day countdown starts the day after service, and the method affects when service is legally deemed effective.

Stage 2: Choose Your Response Route (Days 3–10)

You have five options:

Route A: Do nothing. After 28 days, the claimant can apply for default judgment using Form 76B; judgment is not automatic. For a fixed debt, the registrar can enter judgment administratively without a hearing. For a property-loss claim, the registrar may enter judgment for the claimed amount if the applicant served the evidence required by the Rules. For other monetary claims that are not liquidated, judgment may be entered for an amount to be assessed, with a later directions hearing on the assessment. This is rarely the right choice.

Route B: Admit the claim. If you owe the money, you can complete the admission section on the claim form, or negotiate a Form P2 Enforceable Payment Agreement for instalments. A Form P2 lets the case close without a formal judgment if you make every payment.

Route C: File a defence. If you dispute the claim in whole or in part, file a Form 51S (online) or Form 51 (paper). No filing fee. You need to respond to each allegation specifically — admit, deny, or say you don't know.

Route D: Defend and counterclaim. If the claimant owes you money from the same transaction, file a defence plus a Form 61/61S counterclaim. Filing fee: $186. If the claimant later drops their claim, your counterclaim survives.

Route E: Apply to transfer. In neighbourhood disputes or statutory proceedings where the value exceeds $12,000, either party can apply to move the case to the General Claims Division under Section 3(4) of the Magistrates Court Act 1991.

Stage 3: File and Serve (Days 10–25)

If you're filing a defence, the most common route is CourtSA online:

1. Request access to the case using the action number.
2. Complete the Form 51S smart form.
3. Upload any supporting documents as PDFs.
4. Submit and wait for the registry to confirm filing.

Filing is free for a defence. After it's filed, serve a copy on the claimant via express post, personal service, or email (if consented). The court doesn't serve documents for you.

You'll also need to file and serve a Form 73A List of Documents — an index of every relevant document — within 14 days of filing the defence. If you file a counterclaim, the 14 days run from the end of the time to file a defence to that counterclaim.

Stage 4: Pre-Trial (Weeks 6–12)

About six weeks after your defence is filed, the court lists a directions hearing. A magistrate or judicial registrar reviews both sides' positions, explores settlement, and may order mediation through the Magistrates Court Mediation Unit.

Attendance is mandatory. If the claimant doesn't appear, you can ask for the claim to be dismissed. If you don't appear, the claimant can move for judgment.

Discussions in a court-ordered settlement conference or mediation are confidential and protected by "without prejudice" privilege. Do not assume that every private settlement conversation has the same protection.

Stage 5: Trial (If No Settlement)

If the matter doesn't settle, it's listed for trial. The applicant must pay the trial set-down fee within 14 days after the trial date is set: $260 for claims up to $4,000, or $783 for claims between $4,001 and $12,000.

Minor civil trials are designed for self-represented parties. Under Section 38(4) of the Magistrates Court Act 1991 (SA), a lawyer may appear if the other party is a lawyer, all parties agree, or the court gives permission because a party would otherwise be unfairly disadvantaged. The magistrate takes an active role, asking questions and guiding the process.

Bring organised copies of all your evidence — the documents listed in your Form 73A — and a brief written summary of your key points. The hearing is less formal than a District Court trial, but it's still a legal proceeding where evidence and credibility matter.

Stage 6: After the Decision

The magistrate makes a decision, usually at the end of the hearing or within a few days. If you disagree with the outcome, you have 21 days after the judgment or order takes effect to apply to the District Court for a review by filing Form 182A with Form 182S. The review is heard by a District Court Judge, who may rehear evidence and can affirm or rescind the judgment and substitute a decision.

If a judgment is entered against you and you can't pay the full amount immediately, the claimant may agree to an instalment arrangement, or they can apply for enforcement remedies through the court.

Timeline at a Glance

Our comprehensive guide to responding to a minor civil claim in South Australia covers every stage with printable worksheets — a deadline calculator, defence preparation template, document organiser, and settlement evaluation tool — so you can work through the process systematically.

See more South Australia guides →