Saturday, 6th September 2008
18°C (Adelaide)
18°C (Adelaide)
The Authority administers all of the State Courts listed on this Page.
Their excellent web site has all of the current information for lawyers, the public, schools and the media about our Courts.
Foolkit links to only a selection of key information on South Australian Courts - if you can't find it here, then chances are that it is at www.courts.sa.gov.au.
The Magistrates Court has a minor civil jurisdiction that hears matter up to $6,000.00.
Lawyers are not allowed to represent parties except under specific circumstances. Parties are self- represented. Due to the cost of engaging a lawyer, people involved in disputes of this size do not usually engage a lawyer. The Court Offices are very helpful.
The Courts Administration Authority has some self-help pages relating to minor civil matters.
Refer also to our Courts Pages For Lawyers for general information about our Courts.
Going to Court can be costly, emotionally draining and drawn out. Some Court cases take many years to conclude. There are alternatives to going to Court. Often it pays to look into these methods of dispute resolution before launching into litigation. Talk to your lawyer about alternatives including settlement conferences, mediation and arbitration.
For a very general explanation on the various types of alternative dispute resolution:
The Magistrates Courts and some Community Legal Centres provide a free mediation service.
Read more about alternative dispute resolution at Findlaw and at Department of Justice (Victoria)
Please give us feedback about your experiences using Foolkit and ideas for improvements.
Going to Court for the first time can be a daunting experience.
Some people choose to represent themselves, especially for minor civil matters in the Magistrates Court (i.e. those involving an action for less than $6,000). Self-representation means that a party does not have legal representation. So, if you choose to be self-represented you will receive all documents and notifications from the court directly, will have to attend the court hearings and will need to give an address to the court and any other party involved in the hearing.
There are some useful sites that can assist you when you go to Court for a civil or criminal matter:
The Ombudsman provides free, impartial, informal and timely resolution of complaints to promote fairness, openness and good public administration. There are separate officers for matters concerning the State of South Australia and for those relating to the Federal Government.
The Ombudsman can assist you with your complaint about the administrative actions of a government agency or authority, or local government council.
There are also bodies appointed to resolve disputes within particular Industries, Departments or particular areas of concern.
EditorOur State Courts editor is Sarah Mitchell of Andrew Rogers Lawyers. Tel: (08) 8382 4349 |
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A court not only decides who the Winner and Loser are, it also decides who is to pay for the legal costs that are involved. These are the Court's fees as well as the costs of the solicitors and barristers.
Sometimes who will pay costs, and how much they will pay, is negotiated between the parties. Your lawyer will explain to you what is occurring in respect to costs as the matter unfolds.
Prior to a trial there will be short hearings (that may be called directions, status or interlocutory hearings) or applications that your lawyer will attend on your behalf. If you are self-represented you will attend these hearings that guide the case towards a resolution or a trial. At the end of each short hearing there is usually an order made about who will pay the costs of that part of the case once the matter has concluded. Some common orders include:
Costs in the Cause: The ultimate loser of the case will pay the costs of the hearing.
Costs Reserved: The question of who will pay costs will be determined at a later date.
Here are some simplified explanations of legal speak when it comes to costs. NOTE: Always check your retainer (agreement) in place with your lawyer as to how they define these terms:
When the Court orders one party to pay the costs of the other party, it means its party/party costs. Party/party costs are always less than solicitor/client costs (often around 60 to 75%). Thus the ‘winner’ of any litigation is usually left out of pocket in respect of their legal costs to this extent.
Party/party costs are determined according to the appropriate Court Scale; i.e. if you are in the Supreme Court, the Supreme Court scale applies. Your agreement with your own solicitor may provide for paying their fees on some other basis.
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