South Australia Magistrates Court: prepare for the right next step

Which document have you received?

The court hears summary criminal cases, many minor indictable cases, civil disputes and intervention-order matters. It sits without a jury. Serious indictable cases have different trial and sentencing routes; do not decide your response from the court’s name alone.

These are starting points, not a complete jurisdiction test. The Magistrates Court Act defines the divisions and powers; other legislation may assign a dispute to a different court or tribunal.

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What can happen at the first criminal appearance?

Under Joint Criminal Rules 65.1–65.2, a first hearing may involve directions, a plea, sentencing, committal for sentence or an adjournment. If you plead guilty and the court can sentence you, it may hear sentencing submissions that day. Get advice before entering a plea; do not assume the first date is only administrative.

If you are on bail, ordinarily attend in person at every hearing unless excused on application. Other attendance rules depend on the stage and whether you are in custody or represented. Confirm any permission for absence or remote appearance with the court; merely sending a request or booking a lawyer is not permission.

The complete evidence brief is not generally promised before the first date. For the ordinary lower-court process, prosecution disclosure is normally completed at least 14 days before the pre-trial conference, unless the court orders otherwise. Committal proceedings have a separate disclosure regime. Ask what has been supplied, what is missing and what you need before deciding your plea. See rules 75.1–76.1 and Criminal Procedure Act section 111.

Minor indictable cases can involve an election for a superior-court trial, subject to the charge combination and timely formal election. Contested major indictable trials proceed through the appropriate higher-court route. An admitted major indictable charge can sometimes be sentenced in the Magistrates Court with both sides’ consent, subject to excluded offences, sentencing limits and the interests of justice. Sections 108–118 govern these distinctions.

Specialist court programs have their own eligibility requirements. Ask whether a referral is relevant; the existence of a Drug Court, Treatment Intervention Court, Domestic Violence Court or Nunga process does not mean automatic admission.

Take your papers, case number and a short list of questions. Ask the registry early about accessibility or interpreting arrangements. If you cannot attend, seek advice and contact the court immediately; do not simply miss the date.

Civil claims: limits, pre-action steps and defences

The ordinary monetary limit is $100,000, although parties can waive that limit under section 8. A small claim is $12,000 or less. Minor civil actions also include defined neighbourhood and statutory disputes, so the amount alone does not settle the correct procedure. The Act also establishes a Consumer and Business Division.

For an ordinary general Claim, a defence to the statement of claim is normally filed within 28 days after service unless the court orders otherwise, and a copy must be served on the other parties. For a minor Claim, the rule expressly requires filing and service within 28 days. Check the documents and directions, particularly for interstate/overseas service, originating applications and special statutory proceedings.

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General claims have a different pre-action process from minor claims. Read Uniform Civil Rules 61.7–61.8, 63.3–65.1 and Chapter 23. Missing a defence can lead to default judgment; set-aside rules require grounds and do not guarantee relief.

Court fees from 1 July 2026

The Magistrates Court (Fees) Notice 2026, pages 1367–1370 sets the following selected civil fees. These are court charges, not lawyer fees or a price for attending a criminal first appearance. The table is not the full fee schedule.

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A prescribed corporation excludes a not-for-profit organisation and a small-business corporation with fewer than 20 full-time-equivalent employees that is not a subsidiary of a corporation with 20 or more full-time employees. Other fees, service expenses and possible costs orders can add to the total. Fee reduction or remission for poverty or another proper reason is discretionary. A private intervention-order application alleging domestic abuse has no application fee; that does not make all order-related work free.

Do you need a lawyer, free advice or registry help?

In a minor civil action, section 38 generally restricts a lawyer appearing for a party. Exceptions include another party being a lawyer, agreement of all parties, or the court considering that a party would be unfairly disadvantaged without one; interlocutory proceedings have separate discretion. Advice about evidence, settlement or documents can still help even where a lawyer cannot appear at the hearing.

The Legal Services Commission may provide duty advice and limited same-day representation, but duty lawyers are not available every day at every court. Ongoing representation requires separate arrangements or a legal-aid decision. Call before the hearing.

Registry staff can help with administrative information, forms and listings. They cannot choose your plea, assess your prospects or become your legal adviser. Before paying for private work, ask who will advise, prepare documents, lodge them and attend, and what each stage will cost.

Review and appeal routes are different

An ordinary minor civil review, another civil appeal and a criminal appeal do not all go to the same court. Sections 38, 40 and 42 set the routes. Ordinary civil review/appeal rules and ordinary single-judge criminal appeal rules use a 21-day period, with qualifications and extension procedures. Act promptly and obtain advice on the exact decision and when time starts.

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Not every decision is appealable. Committal decisions are excluded from the ordinary section 42 route. An appeal does not automatically stop enforcement or suspend every order. Ask about a stay, bail, costs and the risk of an adverse outcome. A default judgment may call for a set-aside application instead of an appeal.

Save this preparation checklist

1. Collect the Information, summons, bail agreement, Claim, intervention order or judgment, together with envelopes, service records and the case number. Keep every current order.
2. Write a dated timeline, including when documents arrived, the hearing date, deadlines, payments, communications and any steps already taken. Separate facts from assumptions.
3. For a civil dispute, gather the agreement, invoices, payment records, photographs, messages and a clear calculation of the amount claimed or disputed. Preserve originals and identify witnesses.
4. For a criminal matter, list the charge, what prosecution material you have, any missing disclosure, bail conditions and questions about plea, forum and sentencing preparation. Obtain advice before making admissions or choosing a plea.
5. Ask which deadline applies, whether attendance is required, what evidence is missing, whether free help is available, and who will file, serve or attend. Obtain a written scope and cost estimate for private work.

Share sensitive material through the lawyer’s agreed secure channel. This checklist helps you prepare; it does not decide the merits or guarantee an extension, defence or outcome.

Official help and free legal information

Confirm the service and its availability before your court date. Registry enquiries, free legal advice and ongoing representation have different functions.

Common South Australian Magistrates Court questions

Related legal information