South Australia Small Claims Court — How Minor Civil Claims Work

What South Australia Calls "Small Claims"

South Australia does not have a court called "small claims court." The equivalent is the Minor Civil Claims Division of the Magistrates Court, governed by the Magistrates Court Act 1991 (SA) and the Uniform Civil Rules 2020. It handles monetary disputes up to A$12,000 — debt recovery, unpaid invoices, consumer refunds, property damage, and similar claims.

The division is designed for self-represented litigants. Under section 38 of the Act, lawyers are generally prohibited from appearing at trial, with narrow exceptions for corporate entities and building disputes. You argue your own case, and the magistrate decides based on the evidence.

Who Can File — and Who Cannot

You can file a minor civil claim if you are owed money or seeking compensation for damage and the total is A$12,000 or less. Common scenarios include a contractor who took a deposit and did not finish the job, a customer refused a refund for defective goods, or a neighbour whose tree damaged your fence.

Two categories are excluded. Residential tenancy bond disputes go to SACAT under the Residential Tenancies Act 1995, not the Magistrates Court — filing in the wrong forum means losing the A$186 filing fee and starting over. Claims above A$12,000 go to the General Claims Division, where lawyers are allowed and cost exposure increases.

The Process in Seven Steps

Step 1: Send a demand. Before you can file, you must give the other party 21 calendar days to pay. You can send your own letter of demand (free) or issue a Form P1 Final Notice through CourtSA (A$27.75 online, or A$66.50 at the registry). Either way, keep proof — you will need it when you file.

Step 2: Verify the entity you are suing. Search the ASIC Business Names Register or Consumer and Business Services (CBS) database to confirm the correct legal name. Suing a trading name instead of the registered business or individual behind it produces an unenforceable judgment.

Step 3: File on CourtSA. Complete Form 1 (Claim) and Form 1S (Statement of Claim) through the CourtSA online portal. Attach your invoices, contract, or evidence of damage. Pay the A$186 filing fee by card — the court no longer accepts cash or cheques.

Step 4: Serve the claim. You are responsible for delivering the sealed claim, Form 1S, and the Form 31 Multilingual Notice to the other party. Options include personal service, registered post, or the court sheriff (A$46 per attempt). Service must happen within six months of filing.

Step 5: Wait for a response. The respondent has 28 calendar days after service to file a defence (Form 51S). If they do nothing, you can apply for default judgment using Form 76B. If they defend, the court lists a conciliation conference.

Step 6: Attend the hearing. If the case is not settled at conciliation, it proceeds to trial. Bring three copies of your evidence bundle — one for you, one for the magistrate, and one for the other party. Expert reports must be served at least two business days before the hearing.

Step 7: Enforce the judgment. Winning a judgment creates a legal debt, but the money does not arrive automatically. If the respondent does not pay, you can issue a Form 140 Investigation Notice, apply for an Investigation Summons (Form 141), and seek enforcement orders such as garnishee orders against wages or bank accounts.

Key Deadlines and Fees

Filing fees are recoverable from the respondent if you win. Lawyer fees are not recoverable in minor civil matters — one reason the division keeps costs manageable for both sides.

When It Is Not the Right Forum

If your dispute involves a residential lease or bond, go to SACAT. If your claim exceeds A$12,000, file in the General Claims Division. If you are dealing with a building dispute under the Building Work Contractors Act 1995, you can start in the minor civil division but either party may elect at the directions hearing to move to general claims, where lawyers are permitted.

For a complete walkthrough of every form, deadline, and hearing preparation step, the SA Minor Civil Claim Guide covers the full process from demand letter to judgment enforcement.

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