New Uniform Civil Rules 2020 for legal proceedings in the Magistrates, District and Supreme Courts of South Australia commenced on 18 May 2020.
If the respondent does not respond within 28 days, you can apply for default judgment to be signed without the need for a court hearing. To do this, you must complete a Form 76B - Application to Registrar-Sign Judgment and file it with the court with proof that a Form 1 or 1S Claim has been served on the debtor, and that you have waited at least 28 days for a response.
This judgment can be set aside if the respondent can show they did not receive the claim. This is why it is important to find out the respondent's correct address, and, if there is any doubt about the address, to have a Sheriff's Officer serve the claim or for the applicant to serve it personally on the respondent.
Admission of the claim
If the respondent admits the claim and agrees to pay or act, the parties should to negotiate a specific final date for payment or action. If the respondent does not pay or act by the agreed date, follow the process set out above for having judgment signed against the respondent, and then apply to enforce the judgment by issuing an investigation hearing using a Form 141- Application to Enforce Judgment.
The respondent can admit liability for all or part of a debt owed. If the respondent only admits part of the debt owed, and this is not satisfactory, you can continue with the action. However, the applicant may have to pay the respondent's costs if the court awards no more than what the respondent paid into the Court.
A respondent can admit liability for a debt by filing an Enforceable Payment Agreement (Form P2) document with the Court.
Denial of liability - Defence
Cross Claim (including a counter claim)