SACAT vs Magistrates Court South Australia — Which Forum for Your Dispute

Filing in the Wrong Forum Costs You A$186

South Australia splits civil disputes between two bodies — the Magistrates Court and the South Australian Civil and Administrative Tribunal (SACAT) — and the boundary is statutory, not optional. File in the wrong one and you forfeit your non-refundable filing fee, lose weeks waiting for the rejection, and start again.

Here is how the split works.

Residential Tenancy Bonds Go to SACAT — Always

If your dispute involves a residential tenancy bond, rent arrears, maintenance under a lease, or a landlord-tenant damages claim, the Residential Tenancies Act 1995 gives SACAT exclusive jurisdiction. The Magistrates Court cannot hear these matters.

That includes:

• Getting your bond back after moving out
• Disputing a landlord's claim on the bond
• Compensation for repairs the landlord never made
• Rent reduction for uninhabitable conditions

You do not even need to file a formal application first. Use Residential Bonds Online (RBO), managed by Consumer and Business Services (CBS), to submit a non-consented bond claim. The managing party can accept the claim, make a counter-offer, escalate the matter to SACAT, or ignore it. If they do not respond within 14 days, the tenant is paid the amount claimed.

Monetary Debts and Consumer Claims Go to the Magistrates Court

If someone owes you money — an unpaid invoice, a loan repayment, a refund the seller will not give you — and the amount is A$12,000 or less, you file in the Minor Civil Claims Division of the Magistrates Court.

This covers:

• Unpaid invoices and commercial debts
• Consumer refund claims under Australian Consumer Law
• Defective goods claims against a retailer or manufacturer
• Private sale disputes (used cars, furniture, electronics)
• Personal loans that were not repaid

The filing fee is A$186. You must send a demand letter or Form P1 Final Notice and wait 21 days before filing.

Building Disputes — It Depends

Minor building work disputes up to A$12,000 go to the Magistrates Court using Form 1A. That includes a contractor who took a deposit and vanished, or defective trade work on your home.

However, larger building disputes and disputes involving registered building work contractors may have specific regulatory channels through Consumer and Business Services before court action.

Neighbour and Fence Disputes

Boundary fence disputes under the Fences Act 1975 are classified as Minor Statutory Proceedings within the Magistrates Court. You file using Form 2A, not the standard Form 1.

Claims for money to repair past damage from tree roots or overhanging branches use Form 1 as standard monetary claims. For a neighbourhood-dispute application seeking relief other than, or in addition to, money — such as an order to stop ongoing conduct — file Form 2 with a supporting Form 12 affidavit.

Quick Reference

What Happens If You File in the Wrong Place

The Magistrates Court will reject a residential tenancy claim at the registry stage or at the first hearing. Your A$186 filing fee is not refunded. SACAT similarly has no power to hear a general debt recovery claim that belongs in the Magistrates Court.

The SA Minor Civil Claim Guide includes a forum decision flowchart that walks you through the check in 30 seconds — so you file in the right place the first time.

See more South Australia guides →