Tenancy Disputes in the Magistrates Court in South Australia

In South Australia, most residential tenancy disputes go to SACAT — the South Australian Civil and Administrative Tribunal. But some tenancy claims end up in the Magistrates Court instead, and if you've been served with a Form 1 claim over a rental dispute, that's a different process with different rules. Understanding why the claim is in the Magistrates Court, rather than SACAT, matters because the response deadline and the forms are different.

When Tenancy Disputes Go to Magistrates Court

SACAT handles the standard disputes: bond disputes, breach of lease, repairs, eviction applications. But the Magistrates Court takes over in specific circumstances:

Interstate parties. Following the High Court's decision in Burns v Corbett (2018), SACAT cannot exercise jurisdiction over disputes where one party lives in a different Australian state. This is a constitutional limitation — tribunals lack the judicial power to resolve interstate disputes. When a landlord in Melbourne sues a former tenant in Adelaide (or vice versa), the matter must be filed in or transferred to the Magistrates Court.

Transferred proceedings. Under Part 3A (sections 38B and 38C) of the SACAT Act 2013, SACAT can transfer a matter to the Magistrates Court when there's a jurisdictional question. Once transferred, the Magistrates Court applies its own procedural rules — including the standard 28-day defence deadline.

Claims outside SACAT or transferred matters. SACAT has primary jurisdiction over residential tenancy and rooming-house disputes under the Residential Tenancies Act 1995 (SA), including monetary claims up to $40,000. A claim about damage beyond the bond is not automatically a Magistrates Court claim. A tenancy matter may be heard in the Magistrates Court if it is outside SACAT's jurisdiction or has been transferred under Part 3A; check the legal basis stated in the papers.

How to Respond

If you've been served with a Form 1 or Form 1S in the Magistrates Court over a tenancy dispute, the process is the same as for any minor civil claim:

• 28 calendar days from the date of service to file a defence (Form 51S on CourtSA or paper Form 51)
• No filing fee for the defence
• Form 73A List of Documents due within 14 days of filing the defence
• Directions hearing listed about six weeks after the defence is filed

The minor civil track applies if the claim is $12,000 or under. Tenancy damage claims and bond-excess claims commonly fall within this range.

Key Evidence for Tenancy Claims

Whether you're the former tenant defending a damage claim or the former landlord defending a costs claim, tenancy disputes turn on documentation:

• The lease agreement — sets out the obligations each party owed
• Condition reports — the ingoing and outgoing reports are the foundation for any damage claim
• Photos — dated photographs of the property at move-in and move-out
• Correspondence — emails, texts, and letters about maintenance requests, damage notifications, or bond disputes
• Receipts — for cleaning, repairs, or work done by either party

If you have an ingoing condition report showing pre-existing damage, and the landlord is now claiming you caused it, that report is your strongest piece of evidence.

Bond Disputes Already at SACAT

If your bond dispute is already at SACAT, keep track of that proceeding and do not assume that a claim for an amount above the bond belongs in the Magistrates Court. Residential tenancy monetary claims up to $40,000 fall within SACAT's jurisdiction. If proceedings about the same tenancy appear in both forums, tell each forum about the other and get advice on jurisdiction and overlap before taking further steps.

Getting Help

The Tenant Advice and Advocacy Service is delivered by RentRight SA. It provides advice about tenancy rights and SACAT processes; call 1800 060 462. For a Magistrates Court claim, ask whether the service can assist or contact the Legal Services Commission.

The Legal Services Commission helpline at 1300 366 424 can also advise on Magistrates Court tenancy claims.

If you've been served with a claim and need to work through the response process, our guide to responding to a minor civil claim in South Australia covers every step from verifying service to preparing for the hearing.

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