SA Minor Civil Claim Hearing: What to Expect and What Evidence to Bring

Once a defence is filed in a South Australian minor civil claim, there is a directions hearing first, then possibly a settlement conference or mediation, then a trial before a magistrate if it does not settle. The trial is less formal than in most other courts, and you win or lose on what you can show, so the work is in getting your documents and witnesses in order.

Claim Done drafts a Hearing Bundle from your answers for a flat A$97: a chronology, a statement of issues, an evidence index, a position statement and a list of the orders you want, each as its own PDF for you to check and bring to court. Not started yet? Read how to make a minor civil claim in SA first.

The stages after a defence is filed

Directions hearing

The court usually tells both sides of the date by email. According to the Courts Administration Authority, it is not the trial. It is held to work out each side’s position and to encourage a resolution. You do not need to bring witnesses, but you should bring your supporting documents.

Attendance is mandatory for both sides. If the applicant does not turn up, the respondent may ask for the claim to be dismissed. If the respondent does not turn up, the applicant may ask for judgment, including the amount claimed and costs. If you cannot attend, contact the CourtSA Registry as soon as possible, and get a medical certificate if you are ill.

The magistrate can make orders at this hearing. The Law Handbook published by the Legal Services Commission of SA lists examples: discovery, more time to settle, an expert appraisal or site inspection, or a consent order with a payment arrangement. You must follow these orders; the registry can give you a copy of the court record.

Is there a pre-trial conference?

The court’s minor civil pages call this step a settlement conference, or the matter may go to mediation. At a settlement conference a magistrate or registrar helps both sides discuss the issues and look for a settlement. Both sides must attend, with their documents. If you agree, the agreement is documented and may become a binding court order. If you do not, the case goes to trial. What is said there is generally confidential and cannot be used as evidence at the trial. Where a case settles by mediation or conciliation, the terms are recorded as a judgment.

Discovery: swapping documents before the trial

Each party must file and serve a list of all relevant documents within 14 days of the defence being filed, using Form 73A, List of Documents. If the other side asks for copies, you must give them before the first directions hearing unless the court orders otherwise. A document you get later must be notified to the other side.

The point, as the court’s preparing for trial page puts it, is that neither side is surprised at the trial. If the respondent refuses to give you discovery, you can apply to the court for an order.

What evidence to bring and how to organise it

Bring everything you want the magistrate to see or hear about. The court gives these examples of supporting documents:

• invoices and receipts
• quotes
• emails and letters
• bank statements
• contracts
• photographs

To get ready:

1. List your story in date order. The magistrate knows nothing about it.
2. Organise the documents so you are not searching a pile of paper during the trial.
3. Make copies for the magistrate and for the other side.
4. Plan what you will say. Keep it short and to the point. You do not need a script.

If you rely on an expert’s report, send a copy not less than 2 business days before the first directions hearing. The expert should be available at the trial.

Witnesses

Arrange for your witnesses to come on the trial date, and bring only the people most needed for your story. A magistrate can accept written statements from witnesses but does not have to, so important witnesses should come in person. Witness costs are usually awarded against the losing party, which could be you.

If a witness refuses to come, you can ask the court for permission to issue a subpoena. You request it through the CourtSA portal, and you are responsible for serving it.

If you or a witness need an interpreter, the court arranges one at no cost. Tell it in writing at least five working days before the trial, with the language and your CIV file number.

Lawyers in minor civil claims

Lawyers normally cannot represent a party at a minor civil trial. The exceptions are where the other party is a lawyer, all parties agree, or the court gives permission because a party would be unfairly disadvantaged without one. You can still speak to a lawyer before the trial.

What happens on the day of the trial

Check the case list for your courtroom and be in the courtroom at least 5 minutes before your time. You may need to wait all day, though it is uncommon for a minor civil trial itself to take the whole day.

According to the court’s page on the trial, the order is usually:

1. The applicant speaks first, after swearing an oath or making an affirmation.
2. The respondent may ask the applicant questions.
3. The applicant’s witnesses give evidence.
4. The same process follows for the respondent and their witnesses.

The magistrate runs it like an inquiry, asking both sides and witnesses questions and asking to see documents. Tell the truth: lying to a court is a criminal offence. You must prove your claim on the balance of probabilities, meaning it is more likely than not that the facts happened as you say.

What your hearing documents look like

A Hearing Bundle has five separate documents:

• Chronology of events: a table with a number, date and event for each step, earliest first. Facts only, no argument.
• Statement of issues: a numbered list of the questions the magistrate must decide, each phrased neutrally, followed by the orders you seek.
• Evidence index: a table listing each exhibit (A1, A2 and so on), what it is, its date and which issue it relates to.
• Position statement: a short summary of your position, the key facts you rely on, and how the relevant law applies to them.
• Draft orders sought: the exact orders you are asking for, such as the amount to be paid, to the cent.

They do not replace your Form 73A list of documents, which must still be filed and served on time.

After the judgment

The decision may come on the day. If not, the court says when to expect it, usually by post. The magistrate decides whether costs, such as witness fees, are paid and how much. If you lose, you will likely pay the other side’s costs.

A judgment does not guarantee payment; you must enforce it. According to the court’s judgment page, options include:

• an investigation summons, where the court looks at how the debtor can pay and can order instalments
• a warrant of sale, valid for 12 months from issue
• a charging order over real estate the debtor owns in their own name
• a garnishee order over money someone else owes the debtor

If you disagree with the decision, you can apply to the District Court for a review within 21 days of the judgment. You cannot bring another minor civil claim for the same matter.

Mistakes to avoid

• Missing the directions hearing. The other side may ask for dismissal or judgment.
• Filing your list of documents late, or turning up at trial with documents the other side has never seen.
• Telling the story out of order, or arguing instead of answering the magistrate’s questions.
• Treating judgment as payment. Plan your enforcement step.

If your hearing is coming up, the Hearing Bundle drafts your five hearing documents for a flat A$97.