What the Magistrates Court of South Australia does
The Magistrates Court is a court of first instance with both criminal and civil jurisdiction. In criminal matters it hears summary offences and minor indictable offences, and it runs committal (preliminary) proceedings for major indictable offences before they go to the District Court or Supreme Court. A magistrate sits alone and decides contested matters - there is no jury in this court. In civil matters it resolves money claims and disputes through a Minor Claims Division (up to $12,000) and a General Claims Division ($12,001 to $100,000). It also operates a number of specialist and intervention courts for issues such as drugs, treatment and domestic violence.
What it hears
- Summary criminal offences (lower-level offences that can only be heard by a magistrate) such as minor assaults, disorderly behaviour and many traffic offences
- Minor indictable offences dealt with summarily, for example some theft, property and drug offences (a defendant pleading not guilty can elect a trial by judge and jury in the District Court instead)
- Committal and preliminary proceedings for major indictable offences before they proceed to the District or Supreme Court
- Bail applications, first appearances, guilty pleas and sentencing for offences within the court's jurisdiction
- Minor civil claims up to $12,000 (such as debt recovery and consumer disputes), plus minor statutory matters like Fences Act and neighbourhood (trespass or nuisance) disputes
- General civil claims from $12,001 to $100,000, including contract disputes, debts and personal injury
- Intervention and restraining order applications and domestic and family violence matters
- Specialist and diversion lists, including the Drug Court, Treatment Intervention Court, Domestic Violence Court and Aboriginal (Nunga) community courts
Before your first court date
For a criminal matter, the case usually starts when police (SAPOL) lay a charge and give you a first court date; the prosecution generally prepares and serves the brief of evidence (disclosure) before that date. Read your charge sheet and any paperwork carefully, note the date, time and courtroom, and arrange how you will get there. For a civil matter, the case begins when a claim is filed through the CourtSA portal or registry and served on the other side; if you have been served, check the deadline to file a defence, because missing it can lead to judgment against you. It is wise to get legal advice well before the first date, gather your documents, and consider whether the matter can be resolved by agreement first.
What happens at your first appearance
At a criminal first appearance the charges are put to you, you can enter a plea (or reserve your plea for later), and the court considers bail or remand. If you plead guilty the matter may be set for sentencing; if you plead not guilty it is usually adjourned to a further stage and later listed for a trial heard by a magistrate alone. Arrive early, dress neatly, bring your paperwork, and address the magistrate as "Your Honour". If you are unrepresented, ask at the registry about the duty solicitor service, which can give free on-the-day help. You do not have to finalise everything at the first appearance - it is common for matters to be adjourned so you can get advice or the prosecution can complete disclosure.
What to prepare
- Your charge sheet, summons, claim or any court documents you have been given, plus the case or file number
- A diary note of the exact date, time and courtroom, and a plan to arrive early
- Copies of relevant evidence and paperwork - contracts, receipts, photos, messages, letters or statements that support your side
- A short written summary of your version of events and the outcome you are seeking
- Contact details for any witnesses, and a list of questions or points you want to raise
- Details of any legal representation, or a note to ask the registry about the duty solicitor service if you are self-represented
When to get legal advice
General information like this can help you understand the court, but it cannot tell you what to do in your own case. You should get advice from an admitted Australian lawyer if you are facing a criminal charge (especially one that could carry imprisonment or a serious penalty), if you are unsure how to plead, if bail is in issue, or if a civil claim involves a significant amount of money or complex facts. A lawyer can explain your options, the likely consequences, and how to present your matter. Legal-hotline.com can give you free legal information any time and can help you book a fixed-fee consultation with an admitted Australian lawyer if you want advice specific to your situation.
Where it is
Adelaide Magistrates Court, 260-280 Victoria Square, Adelaide SA 5000 (principal registry; phone (08) 8204 2444). The court is in the city centre on Victoria Square, which is well served by Adelaide's free City Connector bus and the tram line; allow extra time to clear security screening and to find your courtroom on the day. Registry hours are generally 9:00am to 5:00pm, Monday to Friday, excluding public holidays. The Magistrates Court also sits at suburban and regional registries across South Australia, so always check your paperwork for the correct location.
Frequently asked questions
Will my case be decided by a jury in the Magistrates Court?
No. In the Magistrates Court a magistrate sits alone and decides contested matters - there are no juries in this court. Jury trials only happen in the higher courts, such as the District Court or Supreme Court, for more serious indictable offences.
What is the difference between the Minor Claims and General Claims Divisions?
The Minor Claims Division handles civil money claims up to $12,000 and runs with minimal formality, generally without lawyers except by leave of the court. The General Claims Division deals with civil claims from $12,001 up to $100,000, such as contract disputes, debts and personal injury.
What is a committal or preliminary proceeding?
For major indictable (more serious) offences, the Magistrates Court conducts the preliminary stages - known as committal proceedings - before the case is sent up to the District or Supreme Court for trial or sentencing. The Magistrates Court does not itself try the most serious offences.
Do I have to enter a plea at my first appearance?
Not necessarily. You can plead guilty or not guilty, or you can reserve your plea so you have time to get legal advice or wait for the prosecution to provide disclosure. It is very common for a first appearance to be adjourned to a later date.
Is there free legal help available at the court?
Yes. Duty solicitor and legal advice services are available at the Adelaide court for self-represented people. Ask at the registry on the day, or seek advice in advance. You can also get free legal information through legal-hotline.com at any time.
How do I start a civil claim in the Magistrates Court?
Civil claims are generally started by filing a claim through the CourtSA online portal or at the registry. The claim is then served on the defendant. If the defendant files a defence, the matter proceeds, often through a directions hearing, pre-trial conference or mediation before any final hearing before a magistrate.
Can I file documents and pay fees online?
Yes. Many steps - including lodging documents, paying fees, checking listings and looking up case details - can be done online through the CourtSA portal at courtsa.courts.sa.gov.au. The registry is also open in person, generally from 9:00am to 5:00pm Monday to Friday.
What specialist or intervention courts does the Magistrates Court run?
It operates several specialist and diversion lists, including the Drug Court, the Treatment Intervention Court, the Domestic Violence Court and Aboriginal (Nunga) community courts. These aim to address underlying issues such as substance use or to provide a more culturally appropriate process, depending on the matter.