South Australia Counterclaim Minor Civil — What Happens When the Defendant Sues Back

When the Defendant Files Their Own Claim Against You

You file a minor civil claim. The defendant responds — but instead of just defending, they file a counterclaim saying you owe them money too. This is allowed under the Uniform Civil Rules 2020, and it changes the dynamics of your case.

A counterclaim is a separate claim by the respondent against the applicant, filed alongside their defence. It gets heard in the same proceeding, so the magistrate resolves both claims at once.

How the Defendant Files a Counterclaim

The defendant files a Form 51 Defence with Form 51S Defence Details, and a Form 61 Cross Claim with a Form 61S Statement of Cross Claim via CourtSA. The cross-claim filing fee is A$186.

The counterclaim must set out the facts, the legal basis, and the amount the defendant says you owe — just like your original statement of claim had to.

The A$12,000 Threshold Trap

Here is where counterclaims can upend your case. If the defendant's counterclaim exceeds A$12,000, the entire matter — your claim and theirs — may be transferred from the Minor Civil track to the General Claims Division.

That changes the rules:

• The A$100,000 limit applies instead of A$12,000
• Lawyers are fully permitted at trial
• Costs orders become possible — meaning if you lose, you could be ordered to pay the other side's legal fees

If you filed a A$5,000 claim and the defendant counterclaims for A$15,000, you are suddenly in a different forum with different cost risks. This is one reason to consider carefully before suing someone who might have a larger claim against you.

How to Respond to a Counterclaim

The Rules treat you as having filed a defence denying the counterclaim's allegations, so you do not need to file a separate defence unless the court orders one. You may file and serve a Form 51 Defence with Form 51S Defence Details within 28 days if you want to plead specific grounds. No default judgment is available just because you did not file a separate defence within that period.

At the Hearing

The magistrate hears both claims together. Each party presents evidence on their own claim and responds to the other side's. The court can:

• Find for the applicant on the original claim and dismiss the counterclaim
• Find for the defendant on their counterclaim and dismiss the original claim
• Find for both sides and set off the amounts — if you are owed A$8,000 and the defendant is owed A$3,000, the net judgment is A$5,000 in your favour

Does a Counterclaim Mean I Should Withdraw?

Not necessarily. A counterclaim is a tactical move — sometimes it is legitimate, sometimes it is designed to complicate your claim and discourage you from proceeding. Evaluate the merit of their counterclaim just as you would any claim: is there evidence? Does the amount make sense? Are the facts disputed or clear?

The SA Minor Civil Claim Guide explains how to respond to a counterclaim, what to expect when both claims are heard together, and how to prepare your evidence bundle for a contested hearing.

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