Home/FAQ

FAQ

FAQ2021-03-10T13:36:55+10:30
As a law firm, can I register a second email address to receive CourtSA notifications to an account other than the email associated with the P Code?2019-11-01T14:13:04+10:30

At the moment, it is not possible to register a second email address. In such circumstances we suggest creating email rules in your firm so that notifications which are sent to a particular practitioner can be forwarded automatically to your desired recipients.

Can CourtSA be used by self-represented litigants?2019-11-01T14:28:26+10:30

Yes, CourtSA can be used by self-represented litigants.

Can I download a grant?2025-01-01T15:52:30+10:30

You can download a copy of a grant if a grant has been issued by the South Australian Probate Registry. There is no associated fee.

  • Log into CourtSA
  • Choose from the drop down to the question ‘What would you like to do?’ the option ‘Search for a Probate Grant’.
  • Enter at a minimum the first initial of the first name and the last name of the deceased.
  • If there is a result it will appear under the search and if a copy of the grant is available you will see ‘download’ in blue.
  • Click on the word ‘download’ and follow the prompts for a copy to be sent to your chosen email address.

 

Please be aware that once a grant has issued, it becomes a public document and this includes any will and/or codicil(s).

Please note: a copy of the grant does not include the statement of assets and liabilities.

Can more than one authorised user be logged in and use the same account at once?2019-11-01T14:15:02+10:30

Yes, multiple Authorised Users can be logged in at the same time to access CourtSA, lodge applications, make payments and perform actions on cases.

Do I get a lawyer?2020-11-10T12:58:09+10:30

In all Care and Protection matters the child is represented by a child advocate, who is usually one of the solicitors from the Legal Services Commission.

The parents and guardians are not provided with a solicitor, but are encouraged to seek legal advice.

Do I have to pay to use CourtSA?2019-10-31T10:54:15+10:30

You do not have to pay to use CourtSA. There is a fee for lodging court documents.

Do I need a credit card to use CourtSA?2019-10-31T10:54:33+10:30

Yes, from 26 November 2018 payment of Probate fees will only be accepted by credit card.

CourtSA accepts VISA and MasterCard but not AMEX.

Do I use one Form 14 Exhibit front sheet to Affidavit or Statutory Declaration to certify all my exhibits or one form per exhibit?2021-12-01T11:49:32+10:30

Use one Form 14 Exhibit front sheet to Affidavit or Statutory Declaration to certify all your exhibits.

Does a Claim, Defence or an Originating Application need to be served by the Sheriff?2021-12-01T11:49:07+10:30

There is no requirement that a Claim, Defence or Originating Application be served by the Sheriff. The costs of service by the Sheriff will not usually be recoverable in the action. There are other simpler ways to serve the document. Please see Rules 41 to 43 of the Uniform Civil Rules 2020 for more information on service.

Allowance for travelling expenses incurred by the Sheriff in the service of a document that requires a significant distance to be travelled may incur a fee per kilometre or part of a kilometre, after the first 50 kilometres travelled, see the Civil Court Fees page for more information. An invoice will be issued to the applicant, respondent or solicitor where an allowance for travelling expenses is charged. An allowance for travelling expenses generally applies in rural and regional areas. For more information contact CourtSA Registry Services.

Does CourtSA replace the need to lodge documents at the Probate Registry?2025-01-01T15:54:22+10:30

Yes.
The original Will/original grant/duly authenticated copy (if an application is lodged seeking the registration or reseal of a grant) must be lodged with the Probate Registry.
All other lodgements must be performed on CourtSA.

How and when can I register to use CourtSA? (UPDATED)2024-09-06T11:29:27+09:30

Law firms and individuals can register to use CourtSA. Instructional guides for registering a Law Firm and Individual account can be found on the CourtSA Resources page.

How are requisitions from the Probate Registry performed?2025-01-01T15:54:00+10:30

Requisitions will be sent to you by email.

Requisitions will be sent from either CAAPMRegistrarofProbates@courts.sa.gov.au or CAAPMProbateEnquiries@courts.sa.gov.au

How can I found out when the next hearing is?2020-11-10T12:56:51+10:30

Before the first hearing, the applicant will serve a copy of the Application on every party (the child, parents and guardians). On the first page of the Application the hearing date and time will be provided. At the first hearing, the matter may be adjourned for another date. If this happens, a sheriff’s officer will give a piece of paper to all of the parties with the details of the next hearing.

If you can’t find your paperwork, you can call the Registry on (08) 8204 0331 and ask when the next hearing is. You will need to provide the full name and date of birth of one of the children in the matter.

How do I amend the grant?2025-01-01T15:54:14+10:30

This function is only to be used if there is a clerical error on the face of the grant– ie the spelling of a name or an incorrect address.

  1. Log into CourtSA
  2. Go to ‘My Cases’ via the portal and select the case.
  3. On the summary page click the ‘Amend or Revoke Grant’ button
  4. Follow the prompts
  5. Enter the reason for the amendment in the box provided
  6. Upload a scanned copy of the affidavit setting out the grounds for amendment

If your application to amend the grant is accepted, you will receive an email advising that an order has been made and the grant has been amended. The Court order and the amended grant will be available on CourtSA.

Refer to rule 357.2 of Chapter 25 of the Uniform Civil Rules 2020.

How do I amend the Statement of Assets and Liabilities?2025-01-01T15:54:07+10:30

If you have lodged an application but the grant has not yet issued, you have two options:

  • Discontinue your application and relodge. The filing fee will be refunded.
  • Wait until the grant has been issued and file an additional or inaccurately described asset. Please be aware there is an additional Court fee associated with this type of lodgement.

 

If the grant has been issued:

Additional or inaccurately described assets:

If you have a paper grant (ie the file was lodged before the Electronic System/CourtSA was launched):

  1. Please upload a scanned copy of the signed affidavit of additional assets or inaccurately described assets (Form PROB47) to your file.
  2. Send the Probate Registry an email to notify them you have done so with any Registrar’s Certificate of Disclosure in a Word document (Form PROB48​​​) you wish to be sealed.

Notification by email is necessary because there is no automatic alert on the migrated paper files unlike the files created electronically.

The Probate Registry will then request the paper file from storage to enable the examination and processing of the affidavit. Registry staff will directly contact the lodging party if there are any issues. Any registrar’s certificate of disclosure will be sealed and made available to the lodging party on CourtSA. Notification will be sent by email when the registrar’s certificate of disclosure can be accessed.

Please note, if you do not already have case access to the file you will need to request access through CourtSA.

 

If you have an electronic grant (it will have a PROB number):

  1.  Log into CourtSA
  2. Go to ‘My Cases’ via the portal and select the case.
  3. Under ‘Available Actions’ click on ‘Add/Amend Asset or Liability’.
  1. Follow the questions to either disclose an additional asset or amend the description of an inaccurately described asset.
  2. Go through the cart payment process.
  3. Once payment has been made, you can download a copy of the receipt from the ‘Payments’ tab.

The Probate Registry will then examine and process the lodgement and will directly contact the lodging party if there are any issues.

Any registrar’s certificate of disclosure will be sealed and made available to the lodging party on CourtSA. Notification will be sent by email when the registrar’s certificate of disclosure can be accessed.

Please note, if you do not have case access to the file then you will need to request this through CourtSA before you begin the process.

Liabilities

If you need to disclose a liability to the Court after a grant has issued, please upload a letter to your electronic file or email the Probate Registry

You should provide details of the estate (full name of the deceased and the Action Number) and a description of the liability in your letter or email.

 

Please note, if you do not have case access to the file, you will need to request access through CourtSA.

 

How do I change my bail?2021-03-10T14:06:19+10:30

You will need to fill out an Application to Vary Bail form and lodge it at the Registry. The Registry will find a hearing date and time and you will need to attend at the Court hearing. If your bail is varied, you will need to sign the new bail agreement in the presence of a justice of the peace before leaving Court.

Icon
FileAction
Form 7 - Application to Vary or Revoke Bail Agreement.docxDownload 
Form 7 - Application to Vary or Revoke Bail Agreement.pdfDownload 
How do I find out if a further grant has been made?2025-01-01T15:52:40+10:30

You can search for a further grant in CourtSA.

  • Log into CourtSA
  • Choose from the drop down to the question ‘What would you like to do?’ the option ‘Search for a Probate Grant’.
  • Enter at a minimum the first initial of the first name and the last name of the deceased.
How do I find out if an application has been lodged?2025-01-01T15:52:47+10:30

You can search for Probate applications in CourtSA.

  • Log into CourtSA
  • Choose from the drop down to the question ‘What would you like to do?’ the option ‘Search for a Probate Grant’.
  • Enter at a minimum the first initial of the first name and the last name of the deceased.
How do I find out what happened in Court?2020-11-10T13:01:51+10:30

You can contact your lawyer or the Youth Court Registry directly. If you would like something in writing, you will need to come into the Registry and ask for a certificate of record.

How do I know when my hearing is?2020-11-10T13:03:03+10:30

When you were charged with an offence, the police should have given you some paperwork and your court hearing will be on that paperwork. At your hearing the matter may be adjourned for another date. If this happens, a sheriff’s officer will give you a piece of paper with the details of your next hearing.

If you can’t find that paperwork, you can call the Registry on (08) 8204 0331 and provide your name and date of birth and a court officer will tell you when your next court date is.

The Registry can also provide the date and time of the next hearing to immediate family members.

How do I lodge the original Will/original grant/authenticated copy of a grant?2025-01-01T15:53:42+10:30

After lodging your application on CourtSA, go to ‘my existing cases’. In the relevant case, click the documents tab and download the document titled “Original Will Coversheet”. Place the original marked Will in a A4 envelope and affix the printed cover sheet to the envelope.

Personal applicants must also place in the envelope their completed certificate of identity with annexed copies of identity documents and any other original affidavit or letter.

The original will is to be lodged in person or by registered post to the Probate Registry at Sir Samuel Way Building, 241-259 Victoria Square, Adelaide SA 5000.

The original Will/original grant/authenticated copy of a grant is NOT to be taken apart (staple removed) for the purposes of photocopying or scanning.

Do not attach paper clips, bulldog clips or anything else of this nature to the Original Will/original grant/authenticated copy of a grant.

How do I number the pages in my affidavit or statutory declaration?2021-12-01T11:49:21+10:30

Per Rule 37.1(4) (4) “Each page of an affidavit or statutory declaration must be dated and signed at the foot by the deponent and attesting witness.

If the affidavit is 12 pages the first exhibit is to be page 13 and so on.

How do law firm accounts work?2019-11-01T14:16:19+10:30

Each law firm will have one account with one username and one password. There will be no individual users within law firm accounts at this stage. All users are given the email address and password for the account by the person in the firm who has set up the account.

All Authorised users in the firm (lawyers, finance officers, administration officers, paralegals) use this username and password to log in to CourtSA, so they can see and do everything in the account.

All users can:

  • create new forms
  • edit unsubmitted draft applications saved by everyone in the firm
  • lodge
  • pay
  • see a summary of your payments and get your tax invoices
  • see all cases lodged by everyone in the firm
  • perform all actions on lodged cases
  • request case access (take over the conduct of a matter from another firm or litigant in person)
  • search for cases lodged by other firms or litigants in person.

Cases can be drafted by one user, viewed by another and submitted by a third.

If someone is on holidays, or sick, or leaves the firm, all authorised users in the firm have access to all cases and can easily take over conduct of the matter, initiate new matters and make payments

How is an applicant’s identity verified?2025-01-01T15:53:52+10:30

Identity verification is a 100 point identification check which must be completed before an authorised witness.
An authorised witness is defined as:
(a) the Registrar of the Court;
(b) a justice of the peace;
(c) a notary public;
(d) a Commissioner for taking affidavits;
(e) a police officer, other than a police officer who is a probationary constable; and
(f) any other person authorised by law to take affidavits;

The identity papers provided must include:
• at least one original ID document from Category A
• the rest of the documentation: all from Category A or from Category A and Category B
• at least one document that includes your signature/photograph
• documents with a current residential address
• ID in one name
Please see Practice Note 4 of 2024 for a full list of Category A and B documents.

Refer to rule 351.8 of Chapter 25 of the Uniform Civil Rules 2020.

How long does it take for an order on an originating application to be made?2025-01-01T15:52:14+10:30

Once the originating application has been sealed the file will be reviewed in depth. The time this takes can vary depending on the complexity of each application.

How long does it take for the grant to be issued?2025-01-01T15:52:22+10:30

This can vary on the complexity of each application. However, if the grant application is not complex and has been lodged in the correct form, it should issue in under 4 weeks.

How secure is CourtSA?2019-11-01T13:58:37+10:30

The integrity of the system and confidentiality of data is paramount. The CAA has put in place industry standard cyber security mechanisms to limit potential abuse of the system.

My account is locked. How can I get it unlocked?2021-03-10T11:16:09+10:30

Accounts are temporarily locked as a security measure to discourage unauthorised access. For example, accounts are locked after 5 unsuccessful attempts to log in. The security measure requires you to wait 6 hours before you can attempt logging into your account again. You can also reset your password​ after waiting the mandatory 6 hours.

What are the Court fees?2025-01-01T15:51:52+10:30

View the current probate fees or contact CourtSA Registry Services for more information.

What if I don’t live in Adelaide?2020-11-10T12:59:21+10:30

The Youth Court may be able to arrange a video or phone link for you so that you can attend from another location, usually your closest courthouse.

Usually a link will be arranged for you by the Department for Child Protection. However, if you need to change a link or need a link unexpectedly, you will need to put your request in writing to the Youth Court at least 24 hours before your hearing.

What if I don’t turn up at Court?2020-11-10T13:00:43+10:30

Children in Care and Protection matters can attend the hearing if they wish, but do not have to.

Parents and guardians are required to attend the hearing if they are contesting the matter. If parents/guardians do not attend, then final orders may be made in their absence.

If you know that you are unable to attend a hearing, you should contact your lawyer as soon as possible. If you are not represented, you should contact the Youth Court Registry. If you are unable to attend Court due to illness, you will need to provide a medical certificate to the Court as soon as possible and you should advise the Court in advance.

What if I don’t turn up at Court?2020-11-10T13:02:14+10:30

If you are on bail and don’t turn up to your hearing, the Court may issue a warrant for your arrest. If you know that you are unable to attend your hearing, you should contact your lawyer as soon as possible. If you are unable to attend Court due to illness, you will need to provide a medical certificate to the Court as soon as possible and you should advise the Court in advance.

When Does CourtSA Launch?2019-09-16T07:36:46+09:30

CourtSA launched in Probate on 26 November 2018. Civil will follow in February 2020 and Criminal in 2021.

When must a death be reported to the State Coroner?2019-09-16T02:32:57+09:30

Usually a police officer or doctor will notify the State Coroner of any death that may be a reportable death.

Where is the Coroner’s Court?2019-09-16T02:31:12+09:30

The Coroner’s Court is located at 302 King William Street, Adelaide.

Will I get a lawyer?2020-11-10T13:02:29+10:30

Contact the Legal Services Commission Youth Legal Service for support. Alternatively, you can seek your own legal representation.

There are also other support services that operate at the Youth Court.

Will resetting the password affect the work of other users of a firm account?2019-11-01T14:11:35+10:30

Yes. If you reset the password while someone else is working in CourtSA, all of their work will potentially be lost. All users of the account should be informed before resetting a password so that their work can be completed or saved. All users should log out after they have finished the task they are working on. Once the password is reset, all users should log in using the new password and continue working as normal. If a user tries to log in to the account using the old password, the account may be locked.​