SA Common Law Civil jurisdiction
This section contains information on the civil jurisdictions in the principal common law courts, namely the Supreme Court, the District Court and the Magistrates’ Court.
This section includes information on the jurisdictional limits, time limits for completing procedural steps and the discovery process.
SUPREME AND DISTRICT COURTS
Apart from their separate jurisdictional limits, these jurisdictions can be dealt with together as the rules which apply is both jurisdictions are identical.
Jurisdiction of the Supreme Court
Section 17 of the Supreme Court Act 1935 sets out the Supreme Court’s jurisdiction, namely:
“17 (1) the Court shall be a Court of law and equity.
(2) There shall be vested in the Court-
(a) The like jurisdiction, in and for the State, as was formerly vested in, or capable of being exercised by, all or any of the Courts in England, following:
The High Court of Chancery
The Court of Queen’s Bench
The Court of Common Pleas
The Court of Exchequer
The Courts created by Commissions of Assize
(b) Such other jurisdiction, whether original or appellate, as is vested in, or capable of being exercised by the Court
(c) Such other jurisdiction as is in this Act conferred upon the Court.”
Jurisdictional Limits of the District Court
The jurisdictional limit of the District Court is contained in section 8 of the District Court Act 1991.
Section 8 provides the Court with the same jurisdiction as the Supreme Court at first instance. However, the District Court has no jurisdiction in probate or admiralty and has no supervisory jurisdiction (except as expressly conferred by statute with respect to inferior courts and tribunals, or with respect to administrative Acts). It also has no jurisdiction to grant relief in the nature of a prerogative writ.
MAGISTRATES COURT
Jurisdictional Limits
The civil jurisdiction in the Magistrates Court is set out in section 8 of the Magistrates Court Act 1991.
The Magistrates Court may hear and determine actions for a sum of money where the amount claimed does not exceed:
• $80,000 if the claim is for damages for injury or loss caused by or arising out of the use of a motor vehicle;
• In all other cases, $40,000;
• An $80,000 limit also applies if the action is to obtain or recover title to real or personal property.
Despite these limits the parties may still waive the monetary limits imposed in the Act.
Monetary claims for $6,000 or less are known as “minor civil actions” or small claims. Special provisions for “minor civil actions” are to be found in section 38 of the Magistrates Court Act 1991.
Time Limits
Unlike the Supreme and District Courts, a specific timetable for the progress of proceedings is not imposed in the Magistrates Court, however, the Rules oblige the Court to have regard to the system for case flow management established by Rule 10 of the Supreme Court Rules 2006. That system must be read in conjunction with the Supreme Court Rules with respect to procedure and case flow.
Rule 3 of the Magistrates Court (Civil) Rules states that it is the duty of the Magistrates Court and Registrar to “promote the expeditious, economical and just conduct and resolution of an action or proceeding”.
Discovery and other steps
Discovery in the Magistrates Court is slightly different to the other jurisdictions in that a party must request it; there is no obligation and no set time limit. Discovery is only mandatory if the matter is an action for personal injuries.
The party seeking discovery must make a request in writing for discovery of any document or property relating to the matters in issue in the action. If that request is not complied with within 7 days, the Court may order that the other party make discovery by letter or affidavit. (Rule 71)
It is not necessary to file a List of Documents at Court; it is sufficient simply to serve the List of Documents on the other parties.
After discovery has been made, Rule 71(5) of the Magistrates Court Rules obliges a party to continue discovery if any further relevant documents come into that party’s possession, custody or power; this is similar to Rule 136 of the Supreme Court Rules.
The Magistrates Court Rules also cover the other relevant steps such as Conciliation Conferences, Directions Hearings, the Trial, Judgment and Costs, etc. No specific timetable is set out for these processes. As mentioned earlier, the Court will however have regard to the caseflow management principles established in the District and Supreme Courts. It would appear that there is no specific anticipated time frame for the finalisation of all actions.
* Extracts and commentary principally derived from His Honour RM Lunn QC, Civil Procedure South Australia, Volumes 1 and 11, Butterworths, Adelaide, 1992 as updated
