Skip to content

Choose one of three locations

Adelaide
Ridgehaven
Smithfield

Small Claims Court

Sometimes, you need to take legal action to protect your rights. Sometimes, you may need to defend yourself against a legal claim. This can happen regardless of whether the claim is large or small.

But when it comes to smaller claims, it may not be cost-effective to have a lawyer represent you. This is why the Magistrates Court has a Minor Civil Claims jurisdiction.

What is a minor civil claim?

A minor civil claim, also known as a small claim, is a claim for a sum of money up to a maximum of $12,000.

Minor civil claims can also include:

  • Disputes between neighbours, for example trespass or nuisance.
  • Applications under the Fences Act.
  • Small claims made under other laws, for example the Second-Hand Vehicle Dealers Act and the Building Work Contractors Act.
  • Debt recovery.

How do they work?

Minor civil claims are heard in the Magistrates Court. There are a number of differences in the way minor civil claims cases are conducted compared with other cases.

Usually, the parties must represent themselves. But in special circumstances, either party may be represented by a lawyer, for example:

  • If the other party is a lawyer.
  • If the parties agree.
  • If the Court believes there will be a disadvantage unless a party has a lawyer.

A Magistrate will run the hearing fairly informally. They will question witnesses and the usual rules of evidence don’t apply. This means that the court can make its own enquiries and is not bogged down in technicalities.

The aim is to make the process simpler.

The Minor Civil Claims jurisdiction is also designed to keep legal costs to a minimum, which is a benefit, regardless of whether you are making or defending a claim.

While lawyers aren’t usually allowed to appear in a minor civil trial, there are benefits in speaking to a lawyer before the case is heard.  For example, we can assist you by

  • Giving you advice about whether you have a case or a good chance of defending a case against you.
  • Explaining the process and assisting you to prepare for and present your case in court.
  • Preparing the documents that must be filed in the court, for example the claim, defence or affidavits.

If you have been served with a minor civil claim or are seeking assistance and advice to proceed with one, contact us for a free initial consultation.

For most people a minor civil claim is anything but a small issue. The right legal assistance and advice can give you peace of mind and make all the difference to the end result.

Testimonials

"Very satisfied – especially with my hearing problem. [my solicitor] and [her assistant] were very patient"

Patricia, Ingle Farm

"[my solicitor] was great, he kept me informed all the way through and provided great advice which resulted in a great outcome"

Fiona & Phil, St Agnes

"I was very impressed by the highly professional and thorough conduct of Websters Lawyers"

Francesca, St Agnes

"Happy with service received and fairly priced. [my solicitor] very approachable."

Devesh, Albert Park

"I have engaged [my solicitor] on two occasions to handle estate probate matters and have found her service to be prompt, efficient and very professional. Thank you."

Kevin, Findon

"Most helpful and all of my questions clearly answered and explained. Very courteous"

Peter, Hillbank

"The service was impeccable"

Michael, Trott Park

"Very professional legal service, good advice. I will continue to consult on future legal matters. I’m please to advise I have recommended two people to Websters Lawyers due to the service I received from [my solicitor]"

Veronica, Modbury Heights

"Websters Lawyers provided us with excellent support and legal advice every step of the way. Their expertise in legal matters is unmatchable. They were extremely professional and courteous. We really thank then for their excellent service"

Gary, Golden Grove

"The initial phone conversation was very informative and professionally conducted. [my solicitor] who arranged our wills clearly explained everything and was very professional. We were very satisfied"

Wendy, Wynn Vale

"Very happy with the overall outcome with Websters Lawyers"

Gary, Craigmore

"Making a will is fraught with problems and very emotional. [our solicitor] walked us through the process step by step, ensuring we got exactly the Will we wanted. Thankyou!"

John, Ridgehaven

"I was very impressed by the highly professional and thorough conduct of Websters Lawyers"

Angela, Hallett Cove

"Lawyer was helpful, unhurried and explained complex matters in easy to understand language. Provided information and advice over and above what we required."

Gail, Greenwith

"I found [my solicitor] and the other staff at Websters Lawyers very professional. [my solicitor] handled the difficult subject of making a will by clearly explaining the steps and processes. The whole process was very efficient"

Joey, Kurralta Park

"Very professional and thorough"

Sylvia, Greenwith

"[my solicitor] was very clear and concise with all instructions. I was very happy with the outcome and pleased to have a professional represent me"

Richard, Wynn Vale

"[my solicitor] was highly professional and approachable. I felt comfortable asking questions relating to my case. I am very happy with the outcome, I recommend Websters Lawyers."

Belinda, Smithfield

"My solicitor was prompt and efficient at getting my claim completed J"

Marilyn & Stan, Lightsview

"Lived up to their word."

Robert, Ridgehaven

"My overall experience with Websters Lawyers was one of great ease at a very difficult time in my life. [my solicitor] answered all my questions promptly and explained everything to me that I needed to know."

Sheryl, Glengowrie

"I contacted Websters Lawyers on the recommendation of a former colleague and found the level of service exceeded what I expected"

Belinda, Smithfield

"[my solicitor] was highly professional and approachable. I felt comfortable asking questions relating to my case. I am very happy with the outcome, I recommend Websters Lawyers."

Angela, Hallett Cove

"[my solicitor] spoke in easy terms for us to understand."

Peter, Klemzig

"Websters took an extremely stressful time for me and made me feel comfortable and confident. They achieved the best possible outscome for my situation and came in at a lower cvost than first estimated so I couldn’t be happier with the service, process or people. Thank you"

David, Smithfield

"I was very happy with my lawyer. Keep doing what you do"

Jarrad, Elizabeth Vale

"I found Websters Lawyers to be accurate and forthcoming. Felt like I was important."

David, St Agnes

"We found the process of purchasing a new home stress free with the professionalism provided by [our solicitor] & Websters Lawyers."

Rob, Paralowie

"I have engaged [my solicitor] on two occasions to handle estate probate matters and have found her service to be prompt, efficient and very professional. Thank you."

David, Gumeracha

"All our questions were answered. A very good experience. I will continue to use Websters and recommend your firm to my friends."

David, Gumeracha

It doesn't cost you anything to know where you stand

Subpage form
What is the best time to call you? *
:
Scroll To Top