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Minor Civil Actions

As of 1 August 2016 the monetary limit for new minor civil claims reduced from $25 000 to $12 000.

Proceedings commenced before 1 August 2016 (even if they are over $12 000) will continue as they are.

A Minor Civil Action is an application about:

See Magistrates Court Act 1991 (SA) s 3(1) and (2).

Note that neighbourhood disputes and minor statutory proceedings may involve amounts over $12 000 and still be heard as minor civil actions. If a neighbourhood dispute or a minor statutory proceeding involves a monetary claim for more than $12 000, or a claim for relief in the nature of an order to carry out work where the value of the work is more than $12 000, a party may choose to exclude the case from the rules governing minor civil actions and have it treated as a case in the general division [Magistrates Court Act 1991 (SA) s 3(4)].

In a minor civil action, a lawyer normally cannot represent a party at the trial (although they can be involved in all of the preliminary steps leading up to the trial) and the procedures at trial are not as formal as claims in the General Division. If you want a lawyer to represent you, the other party must agree, or the Court may allow you to have a lawyer if it thinks that you will be disadvantaged without representation. See Magistrates Court Act 1991 (SA) s 38.

Some examples of minor civil actions include:

Minor Civil Actions  :  Last Revised: Fri Aug 3rd 2018
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