Announcement of the District Court of South Australia – Criminal and Civil Matters – 27 March 2020

Coronavirus (Covid-19) update – the District Court of South Australia will implement the following additional steps immediately.

CRIMINAL MATTERS

JURY TRIALS
The suspension of new jury trials will be extended so that no new jury trial will commence in the District Court of South Australia prior to 1 July 2020.
This suspension relates only to the District Court and applies to the District Court whether sitting in Adelaide or on circuit.
Those matters listed for trial by jury on a date prior to 1 July 2020 will be vacated and will be relisted.
Trials listed on a date after 1 July 2020 will retain their current listing.
The recommencement of jury trials in the District Court is under ongoing review, and a further announcement will be made by the Court as soon as practicable, but in any event, by 4 May 2020. 

TRIAL BY JUDGE ALONE
Matters that are listed for trial by judge alone prior to 1 July 2020 will proceed as listed. Matters that have already been listed for trial by judge alone or preliminary hearing from 1 July 2020 onwards will retain their current trial dates, however, the Court is continuing to actively work to see if some of those trials can be brought forward. Counsel with matters in this category will have been, or will be, contacted by the Court to see if an earlier trial date may be available. If counsel are not contacted by the Court, or an earlier trial date cannot be accommodated, then those matters are to proceed on their current listed trial date.

NEW APPLICATIONS TO ELECT FOR TRIAL BY JUDGE ALONE
Any election for a trial by judge alone, where the matter is already listed for trial by jury, should be made by filing and serving the usual application. Subject to the position of the Director of Public Prosecutions, and consideration by a Judicial Officer, these applications may be dealt with administratively.

If an application for trial by judge alone is granted then an early trial date will be considered.

New matters committed for trial to the District Court will be dealt with in the usual way, and any application for a trial by judge alone will be considered at arraignment in the normal way.

SECOND DIRECTIONS HEARING CALLOVER
Counsel with matters listed for second directions hearing callovers in April and May 2020 will be contacted by the Criminal Registry shortly, with a view to dealing with individual matters administratively, including where appropriate, enabling the consideration of any new elections for trial by judge alone, vacating and setting further trial dates and excusing accused from attendance provided certain criteria are met. If there is no agreement between parties, in relation to the future listing of the matter following contact by the Criminal Registry, then the matter will be listed in Court for a directions hearing and parties will be required to attend. If the accused is not in custody, the accused may be excused from attending the callover if counsel, or their instructor, undertake that they have had contact with their client, either by telephone or in person, in the preceding seven days.

CALLING MATTERS ON
Any party may, consistent with the current rules and practice, make an application for a matter to be called on before the Court.

GENERAL
Attendance by AVL for prisoners in custody will be arranged where possible.
Suitable matters may be administratively dealt with.
Where possible and necessary, practitioners’ attendance by telephone may be arranged with individual Chambers or the Criminal Registry.
Any queries in relation to the listing of matters should be directed at first instance to the Criminal Registry.
A further update will be provided in relation to criminal matters in due course, but in any event, before 4 May 2020.

CIVIL MATTERS

CIVIL TRIALS
Civil matters that have been listed for trial will retain that trial date.
All civil trials that have not been allocated to a trial judge will be allocated to a judge for case management.
As part of case management, counsel are to inform the Court of any practical difficulties that a party may have with the matter proceeding in the normal way, where appropriate.

GENERAL HEARINGS AND DIRECTIONS HEARINGS
Where possible applications will be conducted without the need for counsel to attend in person.
Consent orders and adjournments are to be dealt with on the papers and proposed minutes of order are to be provided to the Court by email by 4:30pm the day before the hearing.
Contested matters are, so far as practicable, to be dealt with on the papers. Any party seeking an order is to provide an electronic copy of proposed minutes of order to the Court by close of business 48 hours prior to the hearing.

MASTERS
Matters before a Master are to be dealt with consistently with the memorandum issued by the District Court Masters on 16 March 2020.

CALLING MATTERS ON
Any party may, consistent with the current rules and practice, make an application for a matter to be called on before the Court.

GENERAL
Where possible and necessary, practitioners’ attendance by telephone may be arranged with individual Chambers or the Civil Registry.
Any queries in relation to the listing of matters should be directed at first instance to the Civil Registry or the allocated Judge’s Chambers.
If you have a matter in court and need further information, please contact CourtSA Registry Services on 8204 2444 or enquiry@courts.sa.gov.au.
These measures are intended to deal with the current circumstances and are subject to review.

​Enquiries: Media and Communications Office
​Phone: ​8204 0403 or 0467795291
​Email: ​media@courts.sa.gov.au