What Happens at a Directions Hearing in South Australia

When a Directions Hearing Happens

After the respondent files a defence (Form 51S) in a South Australia minor civil claim, the court registry issues a Notice of Hearing. This lists the matter for a conciliation conference and directions hearing, typically scheduled within six weeks of the defence being filed.

This is not the trial. It is the step between the defence and the trial — and for many claims, it is where the case settles.

What Happens at Conciliation

The first part of the hearing is a compulsory conciliation conference, conducted by a magistrate or judicial registrar under section 27 of the Magistrates Court Act 1991. The purpose is straightforward: explore whether the parties can reach a settlement without going to trial.

Both parties must attend. The magistrate may ask each side to summarise their position, identify the key dispute, and consider whether a negotiated outcome is possible. If you reach agreement — a reduced payment, a payment plan, an exchange of property — the terms can be recorded as a consent order.

Conciliation is informal compared to a trial, but it is not optional. If the applicant fails to attend, the claim may be dismissed. If the respondent fails to attend, the court may strike out the defence and grant judgment to the applicant.

What Happens at Directions

If conciliation does not resolve the matter, the magistrate moves to directions — procedural orders that prepare the case for trial. Typical directions include:

• Document exchange deadline — both parties must exchange a Form 73A List of Documents within a set period (usually 14 days)
• Expert report deadline — any expert reports must be served on the other side by a specified date
• Trial date — the magistrate sets a hearing date and tells you when to pay the setting down fee
• Witness requirements — the magistrate may ask each party to estimate how many witnesses they intend to call and how long the hearing will take

The directions hearing is your chance to raise procedural issues: difficulty locating a witness, the need for an interpreter, a request for telephone or video attendance at the trial. Raise them here rather than on the day of the trial.

How to Prepare

Bring everything you would bring to a meeting about your case:

• A one-page summary of your position and the amount claimed
• Copies of your key documents (the contract, invoices, demand letter)
• A list of the documents you hold, since the magistrate may order you to exchange a Form 73A at the hearing
• Any settlement proposal you are willing to discuss

You do not need your full trial evidence bundle yet. That comes later, after directions are given.

The Building Dispute Exception

If your claim involves building work under the Building Work Contractors Act 1995, either party can elect at the directions hearing to move the case out of the minor civil track. This allows legal representation at trial and changes the cost rules. The magistrate will explain this option if it applies.

For a complete walkthrough of what to bring and what to expect at each stage, the SA Minor Civil Claim Guide covers both conciliation and directions with preparation checklists.

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