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Your legal Questions answered
ENOUGH IS ENOUGH! Small Claims Made Easy
Not every job is a major project. If you are facing a legal dispute over an amount worth $12,000.00 or less, you may find yourself in what is called the “Minor Civil” jurisdiction of the Magistrates’ Court. Minor Civil matters are dealt with minimal formality. The parties involved are not entitled to legal representation except in special circumstances. This means the parties go to Court and represent themselves.
How do I make a claim?
• Matters are commenced by filing a “Claim” form either online orthroughtheMagistrates’CourtRegistry.Lawyerscanstill lodge the Claim on your behalf.
• IntermsofdraftingtheClaim,if,forexample,theClaimrelates to unpaid invoices, the Claim should set out in as much detail as possible:
o The terms of the contract and the work performed
o When the invoice was issued and due for payment
oImportantly, the net amount owing after any part payments
• Ensure that you have correctly identified the defending (contracting) party (“Defendant”).
• Not all Claims need to be lodged through the Adelaide Magistrates’ Court in the CBD. Check the Court website for the Court nearest to you.
How long does the process take?
• Once the Claim has been filed, it must be “served” on the Defendant who is then required to file a “Defence” within 21 days after the date it was served.
• ItiscrucialtoensuretheClaimhasbeenservedproperlyand brought to the attention of the Defendant. Claims can be served by post with tracking or registered receipt. If served by email, include a ‘read receipt’. The Claim can also be served in person. Generally, the more methods of
service used the better.
• IfaDefenceisn’tfiledwithin21daysofservice,youcanapply to the Court for “Judgment” in default of a Defence.
• IfaDefenceisfiled,thematterwillbereferredtoa“Hearing” where a “Magistrate” will enquire what the matter is about, determine whether the parties can reach an agreement to resolve the matter, or make “Orders” directing the parties to organise the relevant documents and witnesses for “Trial”. Continued...
L to R: Cassie Mason and Bette Bradtke from Bradtke Consulting
with Steve Gibson from
 Steve Gibson Homes.
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Call 0423 161 907 Email info@bradtkeconsulting.com.au Visit www.bradtkeconsulting.com.au 6


































































































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