How to Prepare for a Hearing in South Australia Magistrates Court

What the Hearing Looks Like

A minor civil claim trial in the SA Magistrates Court is less formal than higher courts, but it is still a courtroom proceeding. Under section 38 of the Magistrates Court Act 1991, the magistrate decides the case based on "equity, good conscience, and the substantial merits" rather than strict legal technicalities. That gives you some flexibility — but it does not excuse poor preparation.

Both parties present their cases in person. Lawyers are generally prohibited from appearing at trial in minor civil matters. The magistrate hears both sides, asks questions, reviews the evidence, and either delivers a judgment immediately or reserves the decision for a written ruling.

Building Your Evidence Bundle

The single most important preparation step is organising your documents. Assemble three identical copies of an indexed evidence bundle:

• One for the magistrate
• One for the opposing party
• One for yourself

Each bundle should include:

1. A one-page chronology — key dates on a single sheet (contract signed, payment due, default, demand sent, claim filed)
2. Financial documents — itemised invoices, payment receipts, bank transfer records
3. Contracts and correspondence — the signed agreement, relevant emails, text messages
4. Photographic evidence — printed in colour with date and location metadata
5. Expert reports — if applicable (repair quotes, damage assessments, valuations)

Use numbered tabs or dividers so you can direct the magistrate to specific documents quickly ("Your Honour, please turn to tab 4, the invoice dated 15 March").

Expert Reports — the Two-Day Rule

If you are relying on an expert report (a mechanic's assessment, a building inspector's report, a valuation), you must serve it on the other party at least two business days before the hearing. This is a hard deadline under Rule 135 of the Uniform Civil Rules 2020. Show up with an expert report the other party has never seen, and the magistrate may exclude it.

Witnesses

Keep witness testimony focused on essential facts. If a witness saw the damage, signed the contract, or received the defective goods, their testimony is relevant. Character witnesses or people who will simply repeat what you have already documented add little.

If a witness refuses to attend voluntarily, you can request the registry to issue a Summons to Witness (subpoena). You must serve it personally and include conduct money — enough to cover reasonable travel costs to the courthouse.

On the Day

Arrive early. Dress neatly — business casual is appropriate. Address the magistrate as "Your Honour." When it is your turn:

• Stand when speaking
• State your case chronologically, referring to documents by tab number
• Answer the magistrate's questions directly
• Do not interrupt the other party — you will have a chance to respond

If you cannot attend in person, you can request telephone or video attendance (via Microsoft Teams) by contacting the registry at least five business days in advance. If you need an interpreter, notify the registry immediately after receiving the hearing notice — the court provides accredited NAATI interpreters at no charge.

After the Hearing

The magistrate may deliver an oral judgment on the spot or reserve the decision. If you win, the judgment includes the amount owed plus recoverable costs. If you lose, the exclusive remedy is an Application for Review to the District Court — not a standard appeal — filed within 21 days of the decision.

The SA Minor Civil Claim Guide includes an evidence bundle organiser and a courtroom preparation checklist covering everything from document formatting to courtroom etiquette.

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