Sue a Contractor in South Australia — Building Disputes in the Magistrates Court
When a Contractor Takes Your Money and Walks Off
A contractor who takes a deposit and disappears — or finishes the job so badly you need someone else to fix it — leaves you with a straightforward debt claim. If the total you are chasing is A$12,000 or less, you can file in the Minor Civil Claims Division of the South Australia Magistrates Court.
The filing fee is A$186. Lawyers are generally barred from representing either side at trial under Section 38 of the Magistrates Court Act 1991. That means you present your own case, and so does the contractor.
Building Disputes Use Form 1A
Standard monetary claims use Form 1 and Form 1S. Building work disputes are different — they use Form 1A, the dedicated building work claim form under the Building Work Contractors Act 1995.
The distinction matters at the first directions hearing. Under Form 1A, either party can elect to have the matter transferred out of the minor civil track into the General Claims Division, where lawyers are allowed and the A$100,000 limit applies. If neither party elects, the case stays on the minor civil track with the usual self-representation rules.
Verify Who You Are Suing
This is where building claims go wrong most often. The business name painted on the van is not necessarily the legal entity you need to sue.
Before filing, search the ASIC Business Names Register (asic.gov.au) to find the person or company behind the trading name. A sole trader files as "John Smith t/as Smith Renovations." A company files as "Smith Renovations Pty Ltd (ACN 123 456 789)." Suing a trading name alone — without the underlying person or company — produces a judgment you cannot enforce.
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The Pre-Action Demand
You must send a letter of demand or Form P1 Final Notice giving the contractor 21 days to pay before you can file. The letter should include the contract or quote, the amount paid, an itemised breakdown of what you are claiming, and your deadline.
If you use a Form P1 (A$27.75 court fee when filed electronically), the contractor does not need to send a written response. If you send a Rule 332.2 letter of demand instead (no court fee), the contractor is required to respond in writing within 21 days.
What Evidence to Bring
Building disputes live or die on documentation:
- The original contract or written quote
- Proof of payments made (bank transfers, receipts)
- Photographs of defective work with dates
- An independent repair quote from another licensed builder
- Any text messages or emails where the contractor acknowledged the problem
Expert reports — such as an independent building inspector's assessment — must be served on the other side at least two business days before trial under UCR Rule 135.
Claim for the Deposit or the Repair Cost?
If the contractor never started, you are claiming the deposit back — a liquidated (fixed) sum. If they did partial or defective work, your claim is the cost of having someone else fix or complete the job. Attach at least two independent repair quotes to your statement of claim to support the amount.
Filing fees and the Form P1 fee are recoverable from the contractor if you win. Lawyer fees are not — but that rarely matters in minor civil claims where lawyers are excluded anyway.
Next Steps
Once you serve the claim, the contractor has 28 days to file a defence. If they do not respond, you can apply for default judgment. If they defend, the court lists a conciliation conference where a magistrate tries to broker a settlement before trial.
The SA Minor Civil Claim Guide walks through every step from the demand letter to the hearing, including a Form 1A building dispute checklist and a deadline calendar so you do not miss a filing window.
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