All claim types are asked the same questions. However, following claim types are asked additional questions or to provide additional documents:
- ‘Property Damage – Motor Vehicle’ claims in the Magistrates Court are asked to provide quotes relating to the motor vehicle damage
- ‘Property Damage – Other’ claims in the Magistrates Court are asked to provide quotes relating to the property damage
- ‘Retail and Commercial Leases Act’ claims in the Magistrates Court are asked
- under which section of the Act the claim for an order is made
- the relevant retail shop’s name, address and date of lease
- ‘Second-hand Vehicle Dealers Act’ claims in the Magistrates Court are asked
- under which section of the Act the claim is made
- the second-hand motor vehicle’s model, registration number and contract date of purchase
- to select a summary of the claim
- to provide a copy of the Agreement recorded by the Commissioner for Consumer Affairs (if one has been made)
- to provide a list of defects (optional)
- to provide a copy of repair quotes (optional)
- ‘Building Work Contractors Act’ claims are asked
- under which section of the Act the claim for an order is made
- the building contract date
- ‘Family – Provision Out of Estate – Inheritance (Family Provision) Act’ claims are asked
- to provide a Form 33 Notice to Potential Claimant
- the Deceased’s name and date of birth
The purpose of selecting your claim type is:
- to ask any necessary additional questions or request additional document.
- so the other party and judicial officer can identify the relevant law.
- to have it heard by the correct judicial officer.
- For court and reporting statistics.
Your case can be about more than one claim type.
If it is, select the main type when completing the CourtSA Claim Form and identifying the others in your Form 18 Statement of Claim.
The effect of selecting the incorrect claim type is [what is the effect?]
| Claim Type | notes | Magistrates Court | District Court | Supreme Court |
|---|---|---|---|---|
| Administration and Probate Act | A claim under the Administration and Probate Act 1919 (SA). | Y | ||
| Australian Consumer Law | A claim made under Schedule 2 of the Competition and Consumer Act 2010 (Cth) relating to • unfair contract terms, covering standard form consumer contracts • consumer rights and guarantees when buying goods and services • product safety • unsolicited consumer agreements covering door-to-door sales and telephone sales • lay-by agreements More information | Y | Y | Y |
| Building dispute | Y | Y | Y | |
| Building Work Contractors Act | A claim under the Building Work Contractors Act 1995 (SA) in respect of a domestic building contract for an order under section • 36(4)(a) – return of money when contract cancelled. • 36(4)(b) – payment for materials or services when contract cancelled. • 37(2) – determination of a warranty claim. • 38(2) – relief from a harsh or unconscionable term or condition. | Y | ||
| Construction contract payment recovery | A claim under the Building and Construction Industry Security of Payment Act 2009 (SA) to recover a debt under section • 15(2)(a)(i)—Consequences of not paying claimant where no payment schedule • 16(2)(i)—Consequences of not paying claimant in accordance with payment schedule | y | ||
| Workers lien | A claim under section 21 of the Workers Lien Act 1893 (SA) to enforce a lien or charge that has been registered with the Lands Titles Office. | Y | ||
| Contract dispute | A claim for breach of contract for the failure to perform a contract seeking an order for: • Damages (this is an amount to compensate the applicant for any loss they have suffered due to the Respondent’s breach) • Payment of a debt (this is called a ‘liquidated amount’ where the contract specifies how much is owed) • The Respondent to perform the contract (this is called ‘specific performance’) • Restitution where the Respondent has been unjustly enriched at the Applicant’s expense. | Y | Y | Y |
| Corporations Act | A claim under the Corporations Act 2001 (Cth) | Y | Y | Y |
| Credit transaction - Credit Code | A claim under Schedule 1 National Credit Code of the National Consumer Credit Protection Act 2009 (Cth). | Y | Y | Y |
| Debt recovery | Somebody owes you money | Y | Y | Y |
| Defamation | A claim for defamation under the Defamation Act 2005 (SA). | Y | Y | Y |
| Equity | Definition | Y | Y | Y |
| Family - Defacto relationship property settlement | Y | |||
| Family - Provision out of estate - Inheritance (Family Provision) Act | A claim under section 7 of the Inheritance (Family Provision) Act 1972 for provision out of the estate of the deceased (if applicable) over and above that given by the last will or on the intestacy of the deceased. | Y | ||
| Family - Family Relationships Act | 9—Declaration of parentage 11B—Declaration as to domestic partners (other than domestic partners in registered relationship) | Y | ||
| Family - Other | Y | Y | Y | |
| Land | A claim under the Law of Property Act 1936 (SA) | Y | Y | Y |
| Negligence | A claim for damages under the Civil Liability Act 1936 (SA) for: • Damage; • Injury; or • Loss; resulting from the Respondent breaching their duty of care by: • Doing; or • Failing to do something A reasonable person would or would not do. (Source: Negligence: Law Handbook) | Y | Y | Y |
| Personal injury – motor vehicle | A claim for compensation under the Civil Liability Act 1936 (SA) and the Motor Vehicles Act 1959 (SA) for personal injury resulting from a motor vehicle or car accident. | Y | Y | Y |
| Personal injury – other | A claim for compensation under the Civil Liability Act 1936 (SA) for personal injury under: • Part 3 – Liability for animals • Part 4 – Occupiers liability • Part 5—Wrongful acts or neglect causing death • Division 2—Remedies against certain shipowners • Division 3—Damage by aircraft • Division 5—Actions in tort relating to spouses and domestic partners • Division 8—Unreasonable delay in resolution of claim • Division 9—Liability for perjury in civil actions • Division 10—Racial victimisation • Division 11—Good Samaritans • Division 11A—Food donors and distributors | Y | Y | Y |
| Personal injury – medical negligence | A claim for compensation under the Civil Liability Act 1936 (SA) for personal injury resulting from medical treatment. | Y | Y | Y |
| Return to Work Act (s66) | A claim for compensation under section 66 of the Return to Work Act 2014 (SA). | Y | Y | Y |
| Property damage – motor vehicle | Y | Y | Y | |
| Property damage – other | Y | Y | Y | |
| Damage to cargo | Y | |||
| Retail and Commercial Leases Act | A claim by the lessor or lessee of a retail shop under the Retail and Commercial Leases Act 1995 for an order under: • section 12 – false or misleading disclosure statement. • section 12 – disclosure statement not given. • section 15 – recovery of premium paid in connection with the granting of a retail shop lease. • section 68 – general jurisdiction. • section 76(8) – dispute about abandoned goods. • section 77(2) – exemption from provisions of the Act. | Y | ||
| Second-hand Vehicle Dealers Act | A claim by the purchaser against the dealer under • Section 24—Enforcement of duty to repair • Section 33—No waiver of rights of the Second-hand Vehicle Dealers Act 1995 for: • repair by the dealer of a defect • payment or reimbursement of the reasonable costs of reparing or completing repairs of a defect • compensation for loss or damage suffered as a result of the dealer's conduct • enforcing the terms of a written agreement reached before the Commissioner • loss or damage as a result of being induced to waive a right to rescind a purchase contract | Y | ||
| Trespass to goods / conversion / detinue | Trespass to goods = A claim for taking goods out of the applicant’s possession, moving them from one place to another or causing damage to them. (Source: Trespass to goods Encyclopaedic Australian Legal Dictionary) Conversion = ? Detinue = A claim for the return of goods. | Y | Y | Y |
| Trustee Act | A claim under the Trustee Act 1936. | Y | ||
| Victim of crime - compensation | A claim by an injured victim of crime for compensation for injuries caused by crimes committed: • between 1 July 1978 and 31 December 2002 are made under the repealed Criminal Injuries Compensation Act 1978 and the Victims of Crime (Transitional) Regulations 2017. • on or after 31 December 2002 are made under the Victims of Crime Act 2001 | Y | ||
| Victims of crime - Victims of Crime Act recovery (s28) | A claim by the Attorney-General under section 28 of the Victims of Crime Act 2001. | Y |