South Australia Conciliation Conference — What Happens Before Trial

The Mandatory Step Between Defence and Trial

When the defendant files a defence in a South Australia minor civil claim, the court does not go straight to trial. First, it schedules a conciliation conference — a compulsory meeting run by a magistrate or judicial registrar under Section 27 of the Magistrates Court Act 1991. The aim is to settle the dispute without a full hearing.

Conciliation is typically listed within six weeks of the defence being filed.

What to Expect

Conciliation is less formal than trial, but it is still a court event. You and the defendant attend — either in person at the registry (usually the Sir Samuel Way Building in Adelaide, or a regional court) or by telephone or video link if you apply at least five business days in advance.

The magistrate or registrar:

• Confirms what each side is claiming
• Identifies the facts in dispute and the facts both sides agree on
• Explores whether a compromise is possible
• May suggest a settlement figure or payment arrangement

Conciliation is a settlement discussion. Continue preparing your evidence for trial in case the matter does not settle.

How to Prepare

Come with a clear picture of what you will accept. Most minor civil disputes settle at or before conciliation because both sides want to avoid the cost and stress of a contested hearing.

Bring:

• A copy of your claim documents and the defence
• Your key evidence (invoices, contracts, photos)
• A written note of the minimum amount you would accept to settle
• Any correspondence showing earlier settlement attempts

You do not need a full evidence bundle for conciliation — that is for trial. But having your core documents shows the other side (and the magistrate) that your claim is real and supported.

What Happens If You Settle

If both sides agree on a figure, the magistrate records the terms as a consent order. This has the same force as a judgment — if the defendant does not pay, you enforce it the same way as any court order.

Common settlement terms include:

• Payment of a lump sum within 14 or 28 days
• Payment by instalments over an agreed period
• A reduced amount in exchange for immediate payment
• The defendant completing work or providing a replacement

What Happens If You Do Not Settle

If conciliation fails, the magistrate gives directions for trial — deadlines for exchanging documents, filing any expert reports, and paying the trial setting down fee (A$260 for claims up to A$4,000; A$783 for claims between A$4,001 and A$12,000).

The trial is a separate hearing where both sides present evidence and the magistrate makes a binding decision.

What If the Other Side Does Not Attend

If the defendant fails to attend conciliation without explanation, the magistrate can strike out the defence and enter judgment in your favour. If you fail to attend, your claim may be dismissed. Both consequences are severe — take the date seriously.

You can request an adjournment if you have a genuine reason for not being able to attend, but the request must be made to the registry before the conciliation date.

Using Conciliation Strategically

Most minor civil claims settle at conciliation. The magistrate running the session has read both sides' documents and will often give a candid indication of how the case might go at trial. That indication is the strongest settlement lever you have.

The SA Minor Civil Claim Guide walks through conciliation preparation, what to say and what to avoid, and how to transition to trial preparation if settlement fails.

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