Magistrates Court

Function | Magistrates | Jurisdictions | Registries | Magistrates' Bench Book | Electronic pre-lodgement | Court initiatives | History | Locations | Immediate Loss of Licence – Disqualification or Suspension | Contact details | MCD Virtual Tour | Opening hours

 

Functionamc

The Magistrates Court has a criminal and civil jurisdiction. In its criminal jurisdiction, the Magistrates Court deals with summary offences, which may be dealt with by a fine, imprisonment of up to two years, community service or a good behaviour bond. In its civil jurisdiction, it hears matters seeking damages of up to $80,000 as a result of motor vehicle accidents, or up to $40,000 for general claims.

To view the Magistrates Court Act, click here.

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Magistrates

The Chief Magistrate is the principal judicial officer of the Magistrates Court. Including the Chief Magistrate, there are 36 magistrates in South Australia, based in Adelaide and in metropolitan courts at Christies Beach, Elizabeth, Holden Hill, Mount Barker and Port Adelaide. All regional cities and country areas are serviced by magistrates on circuit from courts in Adelaide and the suburbs.

For a complete list of magistrates in South Australia, click here.

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Jurisdictions

The Magistrates Court is divided into four jurisdictions:

Civil (general claims)

The court may hear claims for damages for injury arising from car accidents up to $80,000. It may also hear general claims seeking amounts of between $6,000 and $40,000. Higher amounts than these are dealt with by the Supreme and District Courts.

For further information on civil litigation, click here.

Civil (minor claims)

Here, matters are dealt with without formality and parties are not entitled to legal representation except in special circumstances. This court deals with small claims, which include recovering debts of up to $6,000 and claims for relief from neighbourhood disputes like trespass, nuisance and applications under the Fences Act.

To view the Rules of the Magistrates Court (Civil), click here.

To view the Forms from the Second Schedule of the Civil Rules, click here. (Note: some forms may not be available for downloading).

For further information on civil minor claims, click here.

Criminal

The Criminal Court can hear matters where the penalty can be a fine, a prison sentence of up to two years, a good behaviour bond or a community service order.

In criminal matters punishable by more than two years gaol, the Magistrates Court conducts a preliminary examination of a charge and may commit the accused person to be dealt with by a higher court.

To view the Rules of the Magistrates Court (Criminal), click here.

Civil Consumer and Business

This part of the Magistrates Court deals with disputes over second-hand motor vehicle warranties and disputes between landlords and tenants over shops and residential buildings.

Mediation

The court offers free mediation in some cases and in the Adelaide Magistrates Court, magistrates and senior court administrators conduct mediation conferences and preside over directions hearings. The court has available to it experts who may sit with magistrates in civil matters.

For more information on mediation, click here.

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Registries

The Magistrates Court Criminal Registry is where documents are lodged in criminal cases. Information on when a case is next before the court - or listings information - is available.

At the Magistrates Court Civil Registry, documents are lodged in civil cases, such as car accident claims and small claims. Listings information is also available, and information on how to begin a small claim.

For all Magistrates Court registry and listings enquiries, telephone the One Stop Information Call Centre on 61 8 8204 2444.

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Fines Payment Unit

The Fines Payment Unit (FPU) is a special purpose unit within the Magistrates Court which deals with all business relating to fines. Its function is to manage the collection and enforcement of all monetary orders of the Courts which include fines, costs, levies, fees, orders for compensation and estreatment (breach of bail/bond) orders. It also manages the collection and enforcement of overdue expiation fees (eg police fines, parking fines) which are referred to the Court by the issuing authority. In Adelaide, the Fines Payment Unit is located on the ground floor of the Adelaide Magistrates Court building. Other Fines Payment Units are located at Port Adelaide, Elizabeth, Holden Hill and Christies Beach registries. Staff in country courts are empowered to perform the functions of the FPU. The FPU takes a pro-active approach to securing payment arrangements which accurately reflect people’s capacity to pay their fines. Any default in payment is promptly followed up by appropriate enforcement action. The FPU offers several payment options, and alternatives for those who genuinely cannot pay. For more information about the Fines Payment Unit and payment options, click here.

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Magistrates' Bench Book

The Magistrates' Bench Book is a collection of Acts, rules, directions, expiation fees and notes used by magistrates during cases.  To view the Magistrates' Bench Book, click here.

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Electronic pre-lodgement

The pre-lodgement system offers a final option to people trying to recover a debt before actually filing a formal Claim with the Court.

For a fee (which is not subject to GST), a final notice from the court can be sent to the defendant. This notifies the defendant of the sender’s intention to sue, and also provides contact details for a mediator who can intervene and try to resolve the dispute at no cost to either party.

Pre-lodgement is available at all Magistrates Court registries but it is also available through this web site.

For more information on pre-lodgement, click here

To go directly to the pre-lodgement site, click here.

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Court initiatives

Aboriginal court days

Court diversion program

Domestic violence court

Drug Court

CARDS (Court Assessment & Referral Drug Scheme)

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History

The Magistrates Court in South Australia dates from late in 1837, when Mr Henry Wigley was appointed as Resident Magistrate of the new settlement. The Magistrates Court has had a number of homes since then, including Gilles Arcade, near the old Queen’s Theatre, and the building that now houses the Supreme Court, on Gouger Street.

For more information on the history of the Magistrates Court, click here.

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Locations

The Adelaide Magistrates Court is at 260-280 Victoria Square (corner Angas Street and King William Street), Adelaide, South Australia 5000. Criminal and civil cases are heard here, and both the criminal and civil registries are housed in this building.

In addition to its city registries, the Magistrates Court has five locations in the suburbs and 12 in regional centres.

If you aren't sure which court you should go to in your area, click here to open the Civil Localities Guide. 

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Contact details

Adelaide Magistrates Court

Adelaide Criminal and Civil Registries

Level 1
Adelaide Magistrates Court
260-280 Victoria Square
Adelaide South Australia 5000
Telephone: 61 8 8204 2444
Facsimile: 61 8 8204 0670
Listings: 61 8 8204 2444
Criminal listings: 61 8 8204 2444

E-mail: AMCregistry@courts.sa.gov.au

More information

Fines Payment Unit

Ground Floor
Adelaide Magistrates Court
260-280 Victoria Square
Adelaide South Australia 5000
Telephone: 1800 659 538
Facsimile: 61 8 8204 8440

E-mail: easypayfines@courts.sa.gov.au

Metropolitan Courts

Christies Beach Court

98 Dyson Road
Christies Beach South Australia 5165
Telephone: 61 8 8204 2444
Facsimile: 61 8 8329 5947

E-mail: christiesbeach@courts.sa.gov.au

More information

Elizabeth Court

15 Frobisher Road
Elizabeth South Australia 5112
Telephone: 61 8 8204 2444
Facsimile: 61 8 8207 9231

E-mail: elizabeth@courts.sa.gov.au

More information

Holden Hill Court

Lyons Road
Holden Hill South Australia 5088
Telephone: 61 8 8204 2444
Facsimile: 61 8 8207 6199

E-mail: holdenhill@courts.sa.gov.au

More information

Port Adelaide Court

260 St Vincent Street
Port Adelaide South Australia 5015
Telephone: 61 8 8204 2444
Facsimile: 61 8 8207 6233

E-mail: portadelaide@courts.sa.gov.au

More information

For a list of country courts click here.

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Opening times

All Magistrates Court registries are open from 9am to 5pm Monday to Friday. 

For enquiries about fines, the Easy Pay Fines Call Centre (Freecall 1800 659 538) operates from 8am to 5.30pm Monday to Friday and 9am to 12noon Saturdays.

The Magistrates Courts Call Centre operates between 8:30am and 5:30pm on weekdays.

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