Getting started | How much will it cost? | What next? | When do I go to court? | What does a master do? | Etiquette | What is a status hearing? | After the status hearing | What are Rules of Court? | What are practice directions? | Can I use the library? | Important rules to look at | Important practice directions
A summons must be filed with the Supreme Court Civil Registry to start an action. In your summons you must state what the issues are, and what it is you are seeking from the court. At the same time as lodging your documents you will need to provide a Case Information Sheet which sets out the contact details for those involved in your action. Registry staff can provide you with blank forms and guidance in preparing your documents.
You will need to pay a fee before staff can accept your documents to start an action. These fees are set by the State Government and are not subject to GST.
After filing the documents to start your action, you will ordinarily need to serve these documents personally on the persons or organisations named as defendants.
Once the defendants have filed a document called an address for service (Form 6), the court will hold a status hearing about seven weeks later. The conference will be conducted by a master in his or her office (called chambers) or in a courtroom. You will receive a notice from the court advising you of the hearing date and time.
A master will give directions as to how your action is to proceed. When talking to a master, it is customary to refer to them as "master".
When you enter or leave a courtroom where a master (or judge) is hearing matters it is customary, out of respect, to bow slightly (as if nodding). You should also bow and remain standing when a master (or judge) enters or leaves the courtroom.
At a status hearing a master reviews the action with both sides, looks at ways to resolve your dispute, and gives directions as to what you or the defendants need to do to prepare your case for hearing.
The next conference is a settlement conference hearing which takes place about 4 weeks after the status hearing finishes. This is followed by a final directions hearing about eight weeks after the final directions hearing. Practice Direction 12 and Rule 56B provide the detail you need to know about these conferences. If your claim is still disputed after the settlement conference, you can expect a trial date in about six weeks time (as at 1 July you can expect at least a six month wait). The trial date is the date when the court hears your witnesses and evidence and decides the case.
Rules of Court set out definitions, what must be done, by when, and who must do it. There are books that provide comments and explain what the Rules are about. It is worth checking out "Civil Procedure South Australia - Lunn" which can be read in the Supreme Court Library (located on level 2 of the Library Building). Civil Registry staff can assist with general information on Rules of Court.
Practice Directions add to the Rules by giving practical instructions. In some parts, they explain in more detail what you must do. Again, the Civil Registry can assist with information on Practice Directions.
The Supreme Court Library is located in the multi-storey building (called the Supreme Court Library Building) at 1 Gouger Street Adelaide and is open to the public 9:00am - 5.00pm Monday to Friday.
Important practice directions:
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