Small claims in SA: how to make a minor civil claim in the Magistrates Court

In South Australia, a money claim of $12,000 or less is a minor civil action in the Magistrates Court of South Australia, not SACAT. At least 21 days before you lodge, you must serve the other party a written notice that you intend to sue. You then lodge the claim online through CourtSA, pay the $186.00 filing fee and serve the claim yourself or through the Sheriff.

What goes to the minor civil division

Under the Magistrates Court Act 1991, a minor civil action is one of these:

• A small claim: a money claim of $12,000 or less, such as an unpaid debt or invoice, a contract dispute, a refund from a business, or damage to your car or property.
• A neighbourhood dispute: trespass or nuisance between neighbours or people living close by.
• A minor statutory proceeding: for example a Fences Act application, a claim against a second-hand car dealer, a Building Work Contractors Act claim, or a retail or commercial lease claim of $12,000 or less.

Claims from $12,001 to $100,000 go to the court’s Civil (General Claims) Division. Claims over $100,000 go to the District Court or the Supreme Court. See the court’s starting a civil case page. For other states, see our guide to the small claims court in Australia.

What goes to SACAT instead

SACAT does not hear general money or consumer claims. Its jurisdiction list includes:

• residential tenancy and rooming house disputes up to $40,000
• residential park and retirement village tenancy disputes up to $40,000
• guardianship, and reviews of many government decisions

Strata and community title disputes do not go to SACAT either. The Strata Titles Act 1988 (s 41A) and Community Titles Act 1996 (s 142) send them to the Magistrates Court. Our SACAT application guide covers what SACAT does hear.

Step 1: Give notice at least 21 days before you lodge

Rule 332.2 of the Uniform Civil Rules 2020 sets out this notice. There are two ways to give it.

A written notice of intention, such as a letter of demand

The notice must include:

• your full name and address for service
• what you claim and what you want, in enough detail for the other party to decide whether to admit it, respond, and make an offer
• a copy of any expert report relevant to the claim, such as a mechanic’s or builder’s report

The other party must reply in writing within 21 days, with an offer to settle. Serve the notice by hand, by email as a PDF or Word attachment to an address they use, or by express post.

A Final Notice through CourtSA

The Final Notice is a court form (Form P1). In CourtSA, choose “Start a new case”, then “Final Notice” as the case type. CourtSA generates a sealed Form P1 for you to download and serve. The fee is $27.75 on CourtSA, and you can recover it if you win. The other party does not have to reply.

Skip the notice and you may not recover your costs, including the filing fee. Some matters, such as Fences Act applications, are exempt. After a Final Notice, either party can ask the court’s Mediation Unit for a voluntary pre-action meeting, with the cost shared.

Step 2: Lodge the claim on CourtSA

Claims are lodged online through the CourtSA portal. CourtSA asks “Which Court are you lodging this claim in?” and “What is the main claim type?”, for example Debt Recovery, Contract Dispute or Property Damage.

Before you start, have ready:

• the amount you are claiming
• the correct name and address of the respondent (for a company, its registered office address, which ASIC holds)
• the date or dates of the dispute
• the reason you say you are owed the money

You also pick the court closest to where the claim arose or where the respondent lives.

The statement of claim and the 100-word limit

For a minor civil claim, either type a summary into the form or upload a Form 1S Statement of Claim. Keep a typed summary under 100 words. The court’s Form 1 says it should cover what happened, the date or dates, and why the respondent is legally responsible.

Form 1S has four parts: a short summary and the legal basis, the facts you expect to be agreed, the other facts in numbered paragraphs, and the orders you want. You then certify the facts are true to the best of your knowledge.

Form 1 also asks for the court fee and any Sheriff fee, whether you would consider mediation, and which pre-action steps you took. For car or property damage, attach a detailed repair quote or invoice. Once lodged, the claim gets a CIV case number.

Filing fees

From the court’s civil fees page (as at 1 July 2026):

• Final Notice: $27.75 on CourtSA, or $66.50 otherwise
• filing a minor civil action: $186.00
• a counterclaim in a minor civil action: $186.00
• setting a date for trial: $260.00 if the claim is $4,000 or less, otherwise $783.00
• an investigation or examination summons: $71.00

Sheriff service costs extra, per person served. You can apply to the Registrar to have a fee reduced or remitted (Form 76A).

Step 3: Serve the claim

Serving the claim is your job, unless you choose Sheriff service when you lodge. Serving it yourself is free. Serve it as soon as practicable and within 6 months of filing. You can serve it personally. Post means express post to where they live or have an office, with tracking proof of delivery. Email is allowed only in limited cases, such as where they have emailed you about the dispute. Serve the multilingual notice with the claim. If you serve it yourself, you will need an affidavit of service for any default judgment.

Step 4: The defence period

The respondent has 28 days after service to file a defence (30 business days if served outside Australia). They may also pay, agree to a payment plan, or file a counterclaim in the same time.

If 28 days pass with no response, you can request default judgment on CourtSA. The court will not do this for you. The respondent can later ask to set it aside, but must show a good reason and an arguable defence.

If a defence is filed, each party must file and serve a list of relevant documents within 14 days. If you rely on an expert report, file and serve an affidavit attaching it at least 2 business days before the first directions hearing.

Step 5: Directions hearing, settlement conference and trial

Directions hearing

A directions hearing is usually listed about six weeks after the defence is filed, with notice usually by email. Both parties must attend. Bring your documents, not witnesses. If you miss it, the respondent can ask for dismissal. If they miss it, you can ask for judgment.

Settlement conference

The court may then list a settlement conference, run by a magistrate or registrar. Both parties must attend. It is informal, and what is said is generally confidential. Make realistic offers “save as to costs”.

Trial

A minor civil trial is an inquiry by the court, not a contest between the parties. The court can question the parties and witnesses and is not bound by the rules of evidence. You must attend in person unless the court orders otherwise, and arrange for your own witnesses to attend. If a party does not arrive within 15 minutes of the start time, the court can give judgment against them.

Lawyers can act only in limited cases (see below). The winner is usually entitled to costs on the court’s Minor Civil costs scale. A party unhappy with the judgment can apply to the District Court for a review within 21 days. The review decision is final.

Step 6: Enforcement

The court does not enforce judgments automatically. On CourtSA you can request:

• an investigation summons, which brings the judgment debtor to court to work out how they will pay, and the court can order instalments
• an examination summons, if they miss at least two payments under a court order

The court can also make a warrant of sale, a charging order over land or a garnishee order. See enforcement of a civil debt and judgment.

Where Claim Done fits

A letter of demand costs $49 and is a sensible first step. It cannot be the court’s Final Notice, which is Form P1. But it can be the written notice rule 332.2 requires, if it includes the details listed above and you serve it at least 21 days before you lodge.

The Tribunal Application costs $97. It drafts the claim wording for the Magistrates Court of South Australia from your answers. You review it and lodge it on CourtSA yourself.

Claim Done is not a law firm. It does not lodge or serve documents, and it cannot promise a result.

Frequently asked questions

Is there a small claims court in South Australia?

Not under that name. Claims of $12,000 or less are minor civil actions in the Magistrates Court of South Australia, lodged through CourtSA.

Can SACAT hear my money claim?

No. SACAT does not hear general money or consumer claims. It hears residential tenancy disputes up to $40,000, guardianship and other listed matters. Strata and community title disputes go to the Magistrates Court.

Do I have to send a letter of demand before suing in SA?

You must give written notice at least 21 days before lodging. A letter can do this if it includes your full name and address for service, the claim in enough detail to respond to, and any expert report. The other option is a CourtSA Final Notice. Without notice, you may not recover your filing fee.

How much does it cost to make a minor civil claim in SA?

The filing fee is $186.00 (as at 1 July 2026). A Final Notice costs $27.75 on CourtSA, Sheriff service is extra, and setting a trial date costs $260.00 for claims of $4,000 or less or $783.00 otherwise.

How long does the respondent have to file a defence?

28 days after being served in Australia, or 30 business days if served outside Australia. If no defence is filed, you can then request default judgment.

Can I have a lawyer in a minor civil claim?

Usually not. A lawyer can act only if another party is a lawyer, all parties agree, or the court thinks a party would be unfairly disadvantaged.

General information from the Courts Administration Authority, the Uniform Civil Rules 2020, the Magistrates Court Act 1991 and SACAT, checked October 2026. Not legal advice.