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Recent Updates to Magistrates Court Practice SA

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Content updates

In this update for Magistrates Court Practice, Dr. Andrew Cannon provides new commentary in the chapters The Stages of An Action and New Developments.

The Stages of an Action

A new Part 12: Minor Civil Actions has been inserted in the Stages of an Action chapter:

  • Inactive cases: [SOA.131]
  • Moratorium on steps: [SOA.135]
  • What is an originating application: [SOA.1500]
  • Originating applications that are a minor civil action: [SOA.1502]
  • Commencing an originating application that is not a minor civil action: [SOA.1505]
  • Service of the originating application with other documents: [SOA.1510]
  • Response to an originating application: [SOA.1513]
  • Amendment of an originating application or response and strike out: [SOA.1516]
  • Application of the pleading rules: [SOA.1520]
  • Hearings: [SOA.1523].

New Developments

New commentary in this chapter includes:

  • Review an enforcement order: [RJ.2025.1]
  • A Cosenza trespass and ACL claim: [RJ.2025.2]
  • Dismiss a small claim for defective pleading and a frivolous/vexatious one: [RJ.2025.3]
  • Application to set aside refused, at [RJ.2025.4]
  • Election to remove from Minor Civil and no resident director, at [RJ.2025.5]
  • Fencing dispute – adequate fence and height of fence, at [RJ.2025.6]
  • Boundary survey to confirm whether a fence encroached, at [RJ.2025.7]

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Magistrates Court Practice South Australia is the essential reference for practitioners in the civil jurisdiction of the South Australian Magistrates Court. This service provides you with the Magistrates Court Act, the Magistrates Court (Civil) Rules and associated legislation. You will also find commentary, relevant extracts from District Court and Supreme Court Rules relating to appeals from the Magistrates Court, and a useful guide for the preparation and running of matters of civil justice.

The authoritative commentary is prepared by Dr. Andrew Cannon (Deputy Chief Magistrate) who is on the Rules Committee of the Magistrates Court of South Australia. Dr. Cannon was also involved in the drafting of the original Magistrates Court (Civil) Rules 1992.

This service falls within the Court Practice & Procedure Practice Area on Westlaw that has many services designed to complement each other to provide the breadth of coverage of a single compendium but with the in-depth analysis that specific focus areas will allow. In addition, the Alert and the report series will also enable practitioners to keep up to date with pertinent caselaw. When taken in its entirety, the Court Practice & Procedure Practice Area will furnish subscribers with a full picture of Court Practice & Procedure in the respective jurisdictions without the necessary restrictions of single services. To subscribe to the Court Practice & Procedure Practice Area on Westlaw, contact Thomson Reuters.

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