Magistrates Court

The Magistrates Court is a state wide court operating from local registries.

The Court is divided into:

Most cases in the Magistrates Court are decided by a Magistrate. Special justices make decisions in the Petty Sessions Division and in other limited cases. Magistrates are legally qualified, but special justices usually have no formal legal training.

[See Magistrates Court Act 1991 (SA) ss 7 and 7A].

Civil jurisdiction

The Magistrates Court in its civil jurisdiction is a court of law and equity which means it can order a wide range of remedies. In addition to ordering the payment of money, the Court has the power to order people to do certain things, for example, hand over property.

The Civil (Minor Claims) Division of the Magistrates Court has power to hear:

[Magistrates Court Act 1991 (SA) s 3].

This division of the Magistrates Court has simplified procedures to allow people to represent themselves. Usually lawyers are not permitted to represent parties. Disputes between parties are dealt with according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms [see Magistrates Court Act 1991 (SA) s 38 and Uniform Civil Rules 2020 (SA) rule 25.1(4)].

The Civil (General Claims) Division of the Magistrates Court can hear matters up to $100,000 [Magistrates Court Act 1991 (SA) s 8].

The Court can also help the parties reach agreement through alternative dispute resolution such as mediation.

Criminal jurisdiction

The Magistrates Court in its criminal jurisdiction deals with less serious criminal cases such as theft and traffic offences (summary and minor indictable offences). There are no juries.

The Magistrates Court does not hear more serious criminal cases such as murder, manslaughter or conspiracy to pervert the course of justice (indictable offences). However, the Magistrate will conduct preliminary examinations (committal hearings and answer charge hearings) in relation to indictable offences to decide whether or not there is enough evidence to send the accused to trial in a higher court.

The Magistrates Court may determine a sentence following a guilty plea in a major indictable matter (but not murder or treason) [Magistrates Court Act 1991 (SA) s 9 and Criminal Procedure Act 1921 (SA) s 5]. Appeals of Magistrates Court decisions in the criminal jurisdiction are usually heard by a single Supreme Court Judge but an appeal against a sentence passed in relation to a major indictable offence must be heard by the Court of Appeal and requires permission [Magistrates Court Act 1991 s 42(2)(ab)].

The Magistrates Court does not have the power to impose:

[Magistrates Court Act 1991 (SA) s 9(4)]

District Court

The District Court is a state wide court and travels to country areas. It has the following 4 divisions:

[District Court Act 1991 (SA) s 7]

The Criminal Division, made up of a judge and jury, hears more serious criminal cases, except treason and murder, where the Magistrates Court has referred the accused for a penalty to be given (if pleading guilty) or for a trial (if pleading not guilty). The Civil Division, consisting of one judge alone, has almost the same powers as the Supreme Court. The Criminal Injuries Division hears claims under the Victims of Crime Act 2001 and the Administrative and Disciplinary Division hears claims under other legislation (although many of these Acts now fall under the jurisdiction of the South Australian Civil and Administrative Tribunal instead).

[See District Court Act 1991 (SA) ss 8 and 9].

To encourage applicants to make their claim in the correct court, there is a rule that an applicant may not recover any legal costs unless more than the following minimum amounts are awarded (unless there are special reasons):

[See District Court Act 1991 (SA) s 42(2) and Uniform Civil Rules 2020 (SA) r 194.5].

Supreme Court

The Supreme Court is the highest State court. It has two divisions: a general division, and a Court of Appeal division. It decides both civil and criminal matters and its decisions are binding on the lower courts. It has an original jurisdiction that is exclusive to this Court (i.e. not shared with lower courts). This includes probate (wills), murder, and, although rare, treason and admiralty cases. The general division comprises the Chief Justice and the judges of the Supreme Court who are not appointed to the Court of Appeal.

The Court also has an appellate jurisdiction (the Court of Appeal), hearing appeals from lower courts and specialist tribunals and from single judges of the Supreme Court. Appeals from lower courts are usually heard by one judge. Appeals from decisions of a single Supreme Court judge are heard by the Court of Appeal, with at least three specially appointed judges sitting together. The Court of Appeal includes a president, who is a judge of the Supreme Court, and is responsible (subject to the Chief Justice's directions) for the administration of the Court of Appeal. The jurisdiction of the Court of Appeal was previously known as the Full Court of the Supreme Court (for civil matters) and the Court of Criminal Appeal (for criminal matters). Appeals from the Supreme Court can be made to the High Court of Australia with the High Court's permission (called 'special leave').

In the Supreme Court the minimum amounts that must be awarded for an applicant to be entitled to an order for costs (unless there are special reasons) are:

[See Supreme Court Act 1935 (SA) s 40(2) and Uniform Civil Rules 2020 (SA) r 194.5].

Apart from the main courts mentioned above there are a number of specialist courts. These include:

For more information about each of the State Courts, call 8204 2444 or visit the Courts Administration Authority website (www.courts.sa.gov.au).