South Australia Minor Civil Claim Fees — Filing, Service, and Trial Costs
What It Costs to File a Minor Civil Claim in SA
Filing a minor civil claim in the South Australia Magistrates Court is not free, but the fees are structured so a successful applicant recovers most of them from the respondent. Here is what you will pay at each stage, based on the fee schedule effective 1 July 2026.
Fee Breakdown
| Fee | Amount | When You Pay |
|---|---|---|
| Form P1 Final Notice (optional) | A$27.75 online; A$66.50 at registry | Before filing, if you use the court's formal notice instead of your own letter of demand |
| Claim filing fee (Form 1) | A$186 | When you lodge the claim on CourtSA |
| Sheriff personal service | A$46 per address | If you choose the court sheriff to serve documents instead of doing it yourself or using registered post |
| Trial setting down fee (claims ≤ A$4,000) | A$260 | After the directions hearing, when the matter is set for trial |
| Trial setting down fee (claims A$4,001–A$12,000) | A$783 | Same timing as above |
| Counterclaim filing fee | A$186 | Paid by the respondent if they file a counterclaim |
The claim filing fee is paid by credit or debit card through CourtSA. Form P1 can be issued online or at the registry. The court stopped accepting cash and cheques in April 2020.
The Filing Fee Is Recoverable — Lawyer Fees Are Not
If you win, the A$186 filing fee and sheriff service costs are added to the judgment debt. The respondent pays them as part of what they owe you. This is also true for the Form P1 fee.
However, section 38 of the Magistrates Court Act 1991 prohibits recovering lawyer fees in minor civil matters. Since lawyers cannot appear at trial anyway (except in narrow circumstances), this keeps both sides' out-of-pocket costs to the filing and service fees.
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The Setting Down Fee Catches People Off Guard
The filing fee is not the only fee. After the directions hearing, when the court schedules a trial date, you must pay a setting down fee — A$260 for claims of A$4,000 or less, and A$783 for claims between A$4,001 and A$12,000.
If you do not pay the setting down fee by the deadline the court gives you, the trial may be cancelled or your claim struck out. This is the fee most first-time litigants overlook when budgeting their case.
Fee Waivers for Financial Hardship
If you cannot afford the filing fee, you can apply for a fee waiver or reduction. You will need to submit a formal Application for Fee Waiver supported by a financial statement and documentary evidence — a Services Australia Income Support Statement, for example.
Two things to know: the waiver is not automatic (holding a concession card alone is not enough), and a pending fee waiver application does not stop limitation periods from running. Your claim is not treated as filed until the fee is paid or the waiver is granted.
Budgeting a Typical Claim
For a sole trader chasing an A$8,000 unpaid invoice, a realistic cost estimate looks like this:
- Form P1 notice: A$27.75 online or A$66.50 at the registry
- Filing fee: A$186
- Registered post service: A$15–A$25
- Setting down fee: A$783
- Total: roughly A$1,010–A$1,020
All of those amounts except the postage are recoverable if you win. If the respondent does not file a defence within 28 days, you can apply for default judgment without paying the setting down fee at all — the matter never reaches trial.
The SA Minor Civil Claim Guide includes a cost calculator worksheet and deadline calendar so you can track which fees are due at each stage.
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