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Your legal Questions answered
ENOUGH IS ENOUGH! Small Claims Made Easy
What can I do to prepare?
Preparation is critical to the success of your Claim. Documents and correspondence speak for themselves and are often more reliable and persuasive than witnesses giving evidence.
It is important to keep good records of key contract meetings, variations and disputes along the way:
If I win, do they have to pay my costs (and vice versa)?
• ThecurrentfeetofileaClaimis$153.00.Thereisnofeetofile a Defence.
• If you are successful, it is likely that the other party will have to pay your expenses of filing, attendance and witnesses.
• If you are not successful, you will likely have to pay the other party what it cost them to defend your Claim.This may include their costs to file documents, a fee for their attendance at Court and fees for any witnesses they bring to Court.
The Minor Civil jurisdiction attempts to make the Court process as quick and simple as possible. However, there are still some technical legal rules you must comply with.
Don’t feel embarrassed if you are not sure what to do. At first instance, contact the Court Registry and see if they can assist you.
If your question requires legal advice, you should contact a lawyer. Our debt recovery and commercial litigation teams are well versed in these matters and are always available to help.
We offer all members of the Master Plumbers Association a FREE telephone legal hotline and can assist you with any queries in relation to Small Claims.
Digby Luckhurst-Smith
Associate
Lynch Meyer Lawyers
Ph: 8236 7663
190 Flinders Street, Adelaide SA 5000 DLuckhurst-Smith@lynchmeyer.com.au
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If agreements in respect of performance or payment for works are made in conversation, then send a text or email
afterwards to confirm the details of that conversation.
Calendaranddiaryentriesforattendanceonsitearealsogood evidence of time spent on a job.
Generally, the contract itself is the most important document.
When preparing your documents for Trial, set out a chronology of events cross referring to your evidence. You should make at least 3 sets of this chronology and the documents to give to the Defendant and the Magistrate.
Preparethekeypointsofthecontract,thejobandanyvariations as your evidence and then prepare key questions to put to the Defendant.
WhenappearingatCourt,alwaysbewellpresentedandpolite. This involves wearing neat clothing and addressing the Magistrate as “Sir”, “Madam” or “Your Honour”. If you are unsure of any Court etiquette or protocol, speak to the Magistrate’s assistant when you first arrive at the Courtroom.
What happens at the end of the matter?
• TheaimistoobtainJudgment.OnceJudgmentisobtained, you should seek legal advice as to how to enforce the Judgment and recover the amount owed.
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