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Small Claims Court

Sometimes, you need to take legal action against an individual or business 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 is generally not 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 minor civil claims work?

Minor civil claims are heard in the Magistrates Court.

In most cases, the parties involved must represent themselves and are not entitled to claim legal costs.  For this reason, Websters Lawyers don’t usually act in Minor Civil case.

It is only in special circumstances, that a party may be represented by a lawyer, such as:

  • 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.

For further information about making a minor civil claim – $12,000 or less, please visit the Courts Administration Authority website.

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*Please note: Websters lawyers is a South Australian based law firm, handling matters exclusive to South Australia, with offices located in Adelaide, Ridgehaven, Smithfield and Christies Beach.

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