Directions hearing

If the respondent files a defence, the court will send both parties the date, time and place of a directions hearing. A directions hearing is not the trial but is held to determine the position of each party and to encourage a resolution of the matter. You do not need to bring any witnesses to a directions hearing. The court may suggest mediation.

The court may make any of the following orders at a directions hearing:

It is important that you understand and comply with any orders made by the court at the directions hearing. If you are not sure what orders were made, you may get a copy of the court record of your hearing from the Magistrates Court Registry. If you do not understand the orders, you may ask at the Registry. The Registry cannot give legal advice. For free legal advice, call our Legal Helpline on 1300 366 424.

Preparing for trial

Each party to a minor civil action must file and serve a list of all relevant documents within 14 days of the filing of a defence (or, if a cross claim is filed, within 14 days of the time for filing a defence to the cross claim expires [Uniform Civil Rules 2020 (SA) r 336.1]). The List of Documents should be filed using the Form 73A List of Documents.

Before the trial, if one party believes the other party has further documents that will be needed, they can make a written request for a list of the documents that relate to the claim, and request to see them. A party providing discovery must, at the request of the other party, provide a copy of the documents [r 336.1(3)]. Unless the court orders otherwise, a request for a copy of discovered documents must be complied with before the first directions hearing [r 336.1(4). If a party comes into possession of a discoverable document after the first directions hearing, that party must notify the other party of the existence and location of the document [r 336.1(5)].

If the other party does not comply with the requirement for discovery, the court may order the party to complete discovery. Permission is required to make the application but it can be asked for as part of the application for the order. The application is made by filing an Interlocutory Application (Form 77) and by completing an affidavit (Form 12) explaining that a written request was made and that the other party did not comply with that request. A copy of the letter sent to the other party should be attached to the affidavit. This application and the supporting affidavit is served on the other party by post and the court fixes a hearing date on the front of the application at which both parties must attend to decide the matter. Such an application should be made promptly so that there is time for it to come before the court and be dealt with before the trial.

If one party believes someone else has documents that will be needed at the trial and that they will not voluntarily attend the trial, a Summons to witness to produce documents can be issued and served on them before the trial. This form can be filled in at the court registry. It is up to the person who asks for the summons to be issued to serve it on the person and this must be done a reasonable time before the hearing date.

A summons to witness can also be issued and served in the same way to make sure that someone whose evidence is required at the trial (such as a witness to an accident) will attend. The witness’s reasonable expenses to come to the court must be paid.

The court registry can arrange for an interpreter to attend if needed. This should be done as soon as possible after the court date has been fixed.

A setting down for trial fee applies to matters that are listed for trial [Magistrates Court Regulations 2021 r 4(1)]. This fee varies depending on the value of the claim, and must be paid by the applicant within 14 days of the day on which the trial date is set. The trial will not proceed on the day listed until the fee is paid. If there is more than one applicant, the fee can be paid in equal portions by each of the applicants.

To view the current Magistrates Court fees, visit the Courts Administration Authority website

Trial

If your matter does make it to trial, you should:

You will be called into the courtroom when it is time to hear your matter. The witnesses will be asked to wait outside. You should stand whenever the Magistrate enters or leaves the court and address them as ‘Sir’ or ‘Madam’ or ‘Your Honour’.

The procedure for Minor Civil Claims is less formal than in most other courts. The Magistrate will conduct the hearing more like an inquiry, and will ask questions of the parties, ask to see documents, and ask any questions of any witnesses. Speak slowly and clearly as the Magistrate and their clerk will need to write down details. If you are unsure about the procedure you may ask the Magistrate questions.

Lawyers are only allowed to attend Minor Civil trials in certain circumstances (for example, if the other party is a lawyer, or if all parties agree, or the court is of the opinion that a party would be unfairly disadvantaged without a lawyer and gives permission).

[See Magistrates Court Act 1991 (SA) s 38(4) and Uniform Civil Rules 2020 r 25.1(4)]